US Supreme Court rules cops can use illegally seized evidence.

[roundhouse]

The Coke was discovered by way of consensual search which is pretty dumb if you have a bag of booger sugar in the trunk. The question becomes would the decision be the same if he did not give consent?

I can't believe I agree with Sotomayor on anything besides our mutual love of women. This opens the door to "misunderstand" the law in order to search citizens.

It is not legal to initiate contact with someone based on the presence of a firearm, but an officer could just "not know" that and shake you down.

I was stunned to see sotamayor on this

"I dont consent to searches "
Or
"I dont answer questions"
As you hand the cop your lawyers business card
Would prevent alot of drug traffickers from getting caught

 

[mkdhotrod]

I was stunned to see sotamayor on this

"I dont consent to searches "
Or
"I dont answer questions"
As you hand the cop your lawyers business card
Would prevent alot of drug traffickers from getting caught

Its sad but true. Outside of, do you know how fast you were going, you should never answer questions without an attorney present.

 

[Ken Ford]

But ALL motions to suppress are based on "technicalities". In the past, there was no wiggle room, and for good reason. If there was not a violation to justify a stop, then it was a bad search, period. And the fact of the matter is that trickery is encouraged as a law enforcement technique. This opens the door to more. I don't think it will be rampant, but it will occur. And, frankly, many LEO's are not schooled on the "technicalities" of the laws they enforce. Not knocking them, as they should not be charged with complete knowledge of the law. Why do the police get a free "oops" card? Those charged with crimes do not.Why is it a crime for someone being investigated to lie to the police, but it is accepted and encouraged behavior for the police to lie to suspects?I like police officers for the most part. They need to push the envelope - if you are on the road and not having to testify at a MTS hearing once in a while, you are probably not doing your job. But the prosecution also needs to lose the hearing when there is not a violation. There needs to be a bright line rule on this. Anything else leads to lying and bad policing. The police should not be operating on the same level as the people they are trying to catch.

Sounds like a movie script, not real court rooms since the beginning of this country. Courts don't always get it right, but law is based on reasonableness. This is reasonable. There are laws on the books that are not reasonable, because of oversites or just plain wrong, and they are no more in effect as this.

 

[Ken Ford]

But ALL motions to suppress are based on "technicalities". In the past, there was no wiggle room, and for good reason. If there was not a violation to justify a stop, then it was a bad search, period. And the fact of the matter is that trickery is encouraged as a law enforcement technique. This opens the door to more. I don't think it will be rampant, but it will occur. And, frankly, many LEO's are not schooled on the "technicalities" of the laws they enforce. Not knocking them, as they should not be charged with complete knowledge of the law. Why do the police get a free "oops" card? Those charged with crimes do not.Why is it a crime for someone being investigated to lie to the police, but it is accepted and encouraged behavior for the police to lie to suspects?I like police officers for the most part. They need to push the envelope - if you are on the road and not having to testify at a MTS hearing once in a while, you are probably not doing your job. But the prosecution also needs to lose the hearing when there is not a violation. There needs to be a bright line rule on this. Anything else leads to lying and bad policing. The police should not be operating on the same level as the people they are trying to catch.

Thousands of "Oops" are given passes everyday. Vast majority of violations and encounters don't result in a charge of any type, and the ones that do usually get a lesser charge.

 

[Springfield 1911]

Thousands of "Oops" are given passes everyday. Vast majority of violations and encounters don't result in a charge of any type, and the ones that do usually get a lesser charge.

Police are immune from a good bit of the laws that I have to follow. Why is that ok? I guess that someone deleted my other comment.

 

[Ken Ford]

Police are immune from a good bit of the laws that I have to follow. Why is that ok? I guess that someone deleted my other comment.

I did, even though this is the BR comments should be PG.

 

[Ken Ford]

Which law are you referring to?

 

[Springfield 1911]

I did, even though this is the BR comments should be PG.

I was not aware that I said anything that was not PG. I think you just did not like the comment.

 

[Springfield 1911]

Which law are you referring to?

Ok there are many but here is one for you. If I carry a firearm past the security checkpoint in a government building and a cop does the same thing which one of us is going to be in trouble?

 

[Ken Ford]

Ok there are many but here is one for you. If I carry a firearm past the security checkpoint in a government building and a cop does the same thing which one of us is going to be in trouble?

Cause LEOs are part of the system running the check point? You do know that only applies to on duty/jurisdiction in most circumstances. IE a cop from any other county cant take a weapon into Hall County Court Houses. Even on duty.