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To: IbJensen

There is a hidden argument in here as well.

As “common practice” police no longer arrest people for just drug possession. This is because they have learned that juries are no longer amicable to conviction based on drug possession alone. So guaranteed, whenever a drug arrest is made, there will be a second charge unrelated to drugs. This gives the jury a psychological evasion, no matter how contrived the charge, of conviction for something else.

However, “contrived” charges can still result in serious prison time.

This also impacts violations of the 4th Amendment. Say the police decide to make an “exigent” search of your home because they “smelled marijuana smoke”, which is both subjective and cannot be cross-examined later. Then they “heard noises within”, which again cannot be cross-examined.

They charge into your dwelling without warrant. If they do not identify themselves, it is just your word against theirs.

Even if there are no drugs at all, they will be looking to charge you with a “contrived” offense. As a standard unofficial policy, many police departments now tell their officers to kill any dogs found, as the most it may cost the police is a small fine, and it will establish their dominance and control of the situation.

Cities have a policy of “sue us” for the broken door, dead animals, and any emotional distress, figuring they will pay little. So apologies are out of the question, as they could be seen as an admission of guilt.

Once inside your dwelling, a comprehensive search will destroy all your food, confiscate any guns and ammunition, and keep you and your family handcuffed and on the floor, whatever your state of dress or undress, even if someone is taking a shower.

Even if you are totally innocent, the police can arrest you for resisting arrest if they so choose. Otherwise they can “hunt and peck” looking for common criminal offenses like possession of any scheduled medicines that are expired or no longer have a current prescription. They can break through any locks that deny them access, punch holes in walls and the ceiling, tear up carpet and destroy furniture. No limit, really.


18 posted on 01/17/2011 8:10:37 AM PST by yefragetuwrabrumuy
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To: yefragetuwrabrumuy

Sadly you are right.
I don’t like having to count on the cops being reasonable and honorable.


19 posted on 01/17/2011 8:27:03 AM PST by Clump (the tree of liberty is withering like a stricken fig tree)
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