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Old 10-06-2009, 11:48 PM
 
Location: Michigan
29,391 posts, read 55,609,273 times
Reputation: 22044

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COOKEVILLE -- A man police said was hauling cash and bags of marijuana walked out of court free last week due to a legal technicality. General Sessions Court Judge John Hudson dismissed the case against Emmitt Darryl Taylor, 23, of North Washington Avenue, after Taylor's attorney, Shawn Fry, argued that police procedure in the case violated Taylor's constitutional rights and after the state prosecutor, Assistant District Attorney Beth Willis, conceded that Taylor's detention was illegal under the circumstances.

Drug case tossed on legal technicality: It took too long
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Old 10-07-2009, 06:49 AM
 
Location: Putnam County, TN
231 posts, read 586,013 times
Reputation: 262
From the point of where the officer's suspicions were aroused based on the defendant's "nervousness", he could have asked for the dog to respond before he started to write the citations. Subsequently, when he presented the citations to the driver for his signature, the dog would have been present at the scene when the officer asked for the driver's permission to search the vehicle and the timeliness issue would be mute. In conclusion, the officer's testimony indicated that he believed that this was more than just a "routine traffic stop." The officer had the right intention, but used the wrong tactic. Hopefully, the officers receive training in search/seizure and detention of subjects consistent with current case law to avoid a similar outcome in the future.
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Old 10-07-2009, 08:24 AM
 
Location: Beautiful East TN!!
7,280 posts, read 21,325,687 times
Reputation: 2787
It is pretty sad that a technicality like this can put that drug dealer back out on the street. Our legal system is so hypocritical on so many levels it is about a joke.
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Old 10-09-2009, 09:44 PM
 
Location: Parrish, FL
233 posts, read 720,951 times
Reputation: 125
Sorry, but that's why I have a .357 in my house. Don't think law enforcement can protect you. They have been tied up by the laws that they tell you are supposed to "protect" you. ACLU and their friends are against the American people. Think about it...

Please come to my house with that ****. I'll be happy to take care of it. I am gathering evidence right now because I believe that a place 2 doors down is a meth lab or grow house.

Believe me, if someone comes to my door and I don't know who they are...beware.
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Old 10-10-2009, 08:16 AM
 
4,923 posts, read 11,192,458 times
Reputation: 3321
Quote:
Originally Posted by PaulaC View Post
Sorry, but that's why I have a .357 in my house. Don't think law enforcement can protect you. They have been tied up by the laws that they tell you are supposed to "protect" you. ACLU and their friends are against the American people. Think about it...

Please come to my house with that ****. I'll be happy to take care of it. I am gathering evidence right now because I believe that a place 2 doors down is a meth lab or grow house.

Believe me, if someone comes to my door and I don't know who they are...beware.
I feel sorry for the next Jehovah's Witness that comes around...
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Old 10-14-2009, 01:23 PM
 
Location: Franklin, TN
627 posts, read 1,846,996 times
Reputation: 482
The police have far too much power to detain individuals without probable cause.

We all know that the police conveniently make up excuses for pulling over people and cars they find suspect. They then try to come up with reasons to search the vehicle. I for one am glad this case got tossed. Score one for the constitution.
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Old 10-14-2009, 04:50 PM
 
Location: Beautiful East TN!!
7,280 posts, read 21,325,687 times
Reputation: 2787
Quote:
Originally Posted by Big TR View Post
The police have far too much power to detain individuals without probable cause.

We all know that the police conveniently make up excuses for pulling over people and cars they find suspect. They then try to come up with reasons to search the vehicle. I for one am glad this case got tossed. Score one for the constitution.
umm...did you miss the amount of drugs this guy had in his car????
Would you rather have those drugs on the streets...or accessible to the kids....for this guy being inconvenienced by having to wait while a dog showed up because the guy said no to searching the car??

Saying no to a search IS probable cause, it means you have something to hide.
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Old 10-15-2009, 07:55 AM
 
4,923 posts, read 11,192,458 times
Reputation: 3321
Quote:
Originally Posted by mbmouse View Post
umm...did you miss the amount of drugs this guy had in his car????
Would you rather have those drugs on the streets...or accessible to the kids....for this guy being inconvenienced by having to wait while a dog showed up because the guy said no to searching the car??

Saying no to a search IS probable cause, it means you have something to hide.
I agree with everything you said except the last sentence. I MIGHT just mean a person thinks it's noneye. (Country for none of your business.) Now, I don't think that's the reason in this specific case, but it is in some. Some people just feel that way on principle. I'm one. I have nothing to hide, but if the police want to search my house for whatever reason, they better thave a warrant, because I'll tell them no. Just because it's my house. I once told a police officer "no" when asked if he could search my car during a stop for not having a wheel-tax sticker on my windshield in Nashville during the late 1970s. I was a college student, not a permanent resident so I'd been told by the college I didn't need one. (Turns out they were wrong, at least as far as the court was concerned.) I didn't have any thing in the car that would be a problem, but I just didn't like the idea of someone snooping through my property. The police officer wasn't rude, heavy-handed or anything. He just shrugged and said ok. No problem.

As far as Big TR's post is concerned...the cop had probable cause to stop and detain. Essentially the court made the point that once the citation was issued they couldn't hold him. From what I can gather in the article, if the officer had gotten the dog there before he actually gave the man the citation, the case would have stuck.

If you don't have anything to hide, mind if I come over to your house and look around? Check out the medicine cabinet? The closests?

Hmmm.....maybe this thread belongs in the political discussion forum...
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Old 10-15-2009, 03:20 PM
 
Location: Franklin, TN
627 posts, read 1,846,996 times
Reputation: 482
Quote:
Originally Posted by mbmouse View Post
umm...did you miss the amount of drugs this guy had in his car????
Would you rather have those drugs on the streets...or accessible to the kids....for this guy being inconvenienced by having to wait while a dog showed up because the guy said no to searching the car??

Saying no to a search IS probable cause, it means you have something to hide.
So you let your college aged kid borrow the car. His friend inadvertently leaves some weed under the passenger seat. Two weeks later you get pulled over for speeding and you are nervous because you don't want a ticket.

The cop thinks your are excessively nervous and asks to search your car. You allow it as what do you have to hide? Cop finds the weed. Good luck....

To your question, I think weed should be legalized and don't much care it's on the street. I don't touch the stuff but think a stupid amount of my tax dollars are used to fight the war on marijuana, which I see as a relatively harmless vice when you compare it to the damage done to society by alcohol and cigarettes.

My guess is the cop 100% for sure knew this guy had weed in his car and was looking for a reason to pull him over. Cop's problem was he should have already called the drug dog car when he was getting ready to pull the guy over.
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Old 10-16-2009, 12:25 PM
 
Location: Franklin, TN
627 posts, read 1,846,996 times
Reputation: 482
Sidebar, I find it hilarious I made a "legalize marijuana" post exactly at 4:20.
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