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Old 01-05-2013, 06:33 PM
 
1,520 posts, read 1,872,866 times
Reputation: 545

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Quote:
Originally Posted by ellemint View Post
It is true that if they see something that leads them to think you are involved in a crime, then they have a right to search your vehicle. But they then need to be able to back that up in court, by stating a clear reason why they thought so--and it can't be something like you didn't use your turn signal.

It is important that if they ask "can I search your vehicle?" that you politely answer "no i am not consenting to this search.". Because then even if they proceed to search it you have established that you did not consent to the search.
Sure it can be. I know of a case where a lady got busted because the truck she was in was "the wrong color". The cop said that the truck "appeared to be speeding and was of two shades of red". She got 6 years and lost in her appeal.
ftp://opinions.ca5.uscourts.gov/byDa...0136.0.wpd.pdf
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Old 01-05-2013, 07:30 PM
 
8,231 posts, read 17,311,817 times
Reputation: 3696
Quote:
Originally Posted by HistorianDude View Post
I have never had any problems with cops. What are all you guys doing that makes you so paranoid?
Ask these guys.



Kristallnacht. Healthy suspicion of authority is a good thing.
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Old 01-05-2013, 07:41 PM
 
10,553 posts, read 9,644,647 times
Reputation: 4784
Quote:
Originally Posted by C. Maurio View Post
Sure it can be. I know of a case where a lady got busted because the truck she was in was "the wrong color". The cop said that the truck "appeared to be speeding and was of two shades of red". She got 6 years and lost in her appeal.
ftp://opinions.ca5.uscourts.gov/byDa...0136.0.wpd.pdf
But it was more complicated than just the color of the truck. There were a list of other factors that led the cops to believe that there was criminal activity, and they turned out to be right.
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Old 01-05-2013, 11:54 PM
 
488 posts, read 554,545 times
Reputation: 348
Quote:
Originally Posted by C. Maurio View Post
The police are going to search you whether or not you want to be searched. "Probable cause" is useless because the police are going to say "he appeared to be speeding" or "he crossed the center line" or "his car appeared to be of 2 colors" and they are going to search you.
I don't know where you're from, but it doesn't work that way. None of that would ever be usable as probable cause to search without consent. Any evidence of a crime that was found in such a way would promptly be excluded in any criminal trial.

Quote:
And if you say no, they will bring out drug dogs that will bark and scratch at anything to get a warrant to search your car or your house. When they searched mine, it was only on the word of another criminal trying to save his ass from jail. They got a warrant and busted my house when I was not even home. If you say you don't want them to search, do you think they are just going to say "OK sir be on your merry way"? It doesn't work that way.
There is case law that has affirmed information from a reliable witness may be used as probable cause to grant a search warrant.

To protect yourself, never commit a crime. Perfect example:
Quote:
And they will too. I remember the narco telling me "look man, it is only marijuana and it isn't that big a deal". When I got out of prison 2 years later, I remembered that.
That's not the police's fault. Your willful violation of the law landed you in prison. Had you not broken the law you wouldn't have lost two years of your life. Most of the bitching I read are from people that have multiple dealings with law enforcement throughout their life. Myself and my friends who choose to obey the law don't have such experiences. Funny how that works...
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Old 01-06-2013, 12:13 AM
 
Location: Southern California
15,080 posts, read 20,464,507 times
Reputation: 10343
Quote:
Originally Posted by jimhcom View Post
To protect yourself, never talk to cops
My only encounters with law enforcement have been for moving violations for which I was totally guilty. We spoke minimally, they gave me a ticket, and then I drove off...

[no paranoia was necessary]
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Old 01-06-2013, 12:21 AM
 
41,813 posts, read 51,019,001 times
Reputation: 17864
Quote:
Originally Posted by C. Maurio View Post
When they pull me over, if they run my tag, it is going to come back showing I have a felony and that makes things more dicey for me.
I didn't argue with the guy, I was speeding and on top of that I didn't have my license on me. That was the first itme I was pulled over in twenty years and prior to that strange as it is I didn't have my license on me then. I had a legitimate excuse for not having the license both times and all my other documentation was available. Both officers were very courteous in both instances and didn't give me hard time about the license. I don't think it mattered because I believe they have direct access to the photo anyway.

Again this isn't about good cops or bad cops. This is about protecting your self interests.
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Old 01-06-2013, 12:47 AM
 
Location: M I N N E S O T A
14,773 posts, read 21,484,749 times
Reputation: 9263
What if the cop is my friend?
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Old 01-06-2013, 03:50 AM
 
9,408 posts, read 11,925,299 times
Reputation: 12440
Sadly, I think police powers are becoming too strong in this country. I view each and every cop with suspicion, a potential wild-card that could ruin my day, my life, or worse kill me. I say this having never had a run in with a cop other than 2 speeding tickets. But one need only turn on the news, read the paper, or check youtube vids to see an overwhelming number of examples of police flying off the handle and destroying lives. They are becoming militarized. I grew up viewing them as the good guys, our advocates. Now however, even the most honest, law-abiding citizen would do well do avoid interaction with cops if at all possible. They are not on your side, they are not your advocate. They are a threat. You may think you have nothing to worry about, but all it takes it one guy having a bad day, or misinterpreting your movements, and you could be toast. In many cases, they are badge-wearing criminals.

I just ran across this video earlier tonight, speak of the devil. Guy is ordered out of his vehicle, gets foot caught on seatbelt, and he is shot multiple times, 11 rounds entered his body. 7 minutes pass before medical attention is given to him. Yet the cop was cleared! Information is harder to cover up in this age, and people are waking up the fact that cops are widely abusing their powers, and getting away with it.


Dash Cam Video Shows Fatal Shooting of Ernest Duenez Jr. by Manteca Police - YouTube

Last edited by 11thHour; 01-06-2013 at 04:01 AM..
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Old 01-06-2013, 05:08 AM
 
Location: Florida
23,170 posts, read 26,177,249 times
Reputation: 27914
The mention of cops lying to you reminds me of how many times, on the show Cops, even though these guys know they're being taped, will say things(lie) like ."Look, just tell me the truth and you'll get home a lot faster".....or "and you'll be on your way"
Next scene shows them being handcuffed.
You might argue semantics and say they aren't really lying but I probably haven't given great examples.....been a long time since I have seen the show.

I also do admit, these cases generally involved someone guilty of something (apparently)
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Old 01-06-2013, 05:39 AM
 
11,186 posts, read 6,501,248 times
Reputation: 4622
Quote:
Originally Posted by wildbill80 View Post
I don't know where you're from, but it doesn't work that way. None of that would ever be usable as probable cause to search without consent. Any evidence of a crime that was found in such a way would promptly be excluded in any criminal trial.
[snip]...
You're welcome to your confidence in the integrity of cops and LEA's. Not for me. Even assuming improperly obtained evidence is excluded at trial, what about your life in the meantime ? Branded a criminal, time in jail, the stress on your life, expense of a lawyer, and of course the chance you'll take a plea deal to put that cop-caused disaster part of your life behind you and not risk a trial.
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