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Attention all Law Enforcement...

Discussion in 'Off-Topic Discussion' started by NraFan, Oct 29, 2009.

Page 3 of 6
  1. Oct 29, 2009 at 2:17 PM
    #41
    JimBeam

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    JimBeam BECAUSE INTERNETS!! Moderator

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    refusal is NOT PC and anyone that says otherwise is full of pure crap and probably shouldnt be a LEO
     
    JimBeam, Oct 29, 2009
    #41
  2. Oct 29, 2009 at 2:18 PM
    #42
    raskal311

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    raskal311 Well-Known Member

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    I agree but when it comes down to it and your in court and the cop said you were acting suspicious and refused a search who are they going to believe?

    If you refuse a search do you think they are just going to say thank you and let you drive off?
     
    raskal311, Oct 29, 2009
    #42
  3. Oct 29, 2009 at 2:23 PM
    #43
    TXRoper

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    TXRoper Texas Edition

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    The fact is...if a cop wants to arrest you...they will find a way/reason...it is your right to fight the charge in court. That is why we have the court system. Unfortunately, you have spend time in jail, post a bond and hire a lawyer (or use the public defender). And if the case is thrown out, the cop faces little to no punitive measure, unless it can be proven that he did it malicously, and then it most likely will be a internal sanction. I can see why someone would not want to be inconvienced by the search...so you have to make the judgement call, consent to search and be inconvienced then or possibly more of a hassle later. I see a lot of bogus resisting arrest, interfering with public servant charges...people getting arrested because they were jerks to the P.O.
     
    TXRoper, Oct 29, 2009
    #43
  4. Oct 29, 2009 at 2:24 PM
    #44
    nd

    #44
    nd Radical Town. It's a hell of a place!

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    i know whichever state it is HAS CCW but only require 4 hours of course tests to get it. In SC we require 8 hours on the range. so we said, you only require 4 hrs, we require 8, we wont recognize your permit cause you dont meet our standards. so they said, fine, even though you go through double the range time, we wont recognize yours if you dont recognize mine. like i said, its bullshit. i wanna say it was GA but i cant remember.
     
    nd, Oct 29, 2009
    #44
  5. Oct 29, 2009 at 2:24 PM
    #45
    JimBeam

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    JimBeam BECAUSE INTERNETS!! Moderator

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    yes

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

    thats the 4th amendment

    unless i have a warrant (which requires PC) or PC on scene...i CANNOT search without consent

    PERIOD

    there is TONS of case law that shows that the US courts agree that refusal of consent is NOT PC

    BTW acting "suspicious" is gray...that doesnt fly in court either...
     
    JimBeam, Oct 29, 2009
    #45
  6. Oct 29, 2009 at 2:28 PM
    #46
    JimBeam

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    JimBeam BECAUSE INTERNETS!! Moderator

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    its not your right to fight a charge in court

    the burden of proof is on the state...not the defense

    cases get thrown out all the time because to be found guilty...you have to be proven such beyond a reasonable doubt not because bogus (i call them chickenshit) charges are being made


    where did resisting arrest and interfering with police investigation come in though?
     
    JimBeam, Oct 29, 2009
    #46
  7. Oct 29, 2009 at 2:29 PM
    #47
    JimBeam

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    JimBeam BECAUSE INTERNETS!! Moderator

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    youre right...it probably is GA...it is written into our law that in order for a CCW to be good that states laws must be equal or greater to ours
     
    JimBeam, Oct 29, 2009
    #47
  8. Oct 29, 2009 at 2:29 PM
    #48
    CUtigerfan

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    CUtigerfan Well-Known Member

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    I got pulled in my cousins Tacoma when I was learning to drive a stick shift. Killed the engine at a stop sign in Williston because I let the clutch out too quick. A Highway Patrolman and Sheriff's Deputy were sittin right there and decided to pull me over. They had plenty of probable cause to search us and didn't. We had a taillight out, gun hanging in the back glass, passenger didn't have a seatbelt on, pipe tobacco and a corn cob pipe laying on the front seat (16 at the time so couldn't possess tobacco products), expired registration, couldn't find the proof of insurance because the trucks full of trash. I couldn't believe they didn't search us especially because we were 3 teenage boys in a jacked up truck with 33's on it and looked like we'd been out drinking all night. Ended up getting a warning. If they didn't search me for all of that I don't know how anybody gets searched. So needless to say I have no problem with police officers...

    although the HP was kind of a smartass. I was on a sideroad in Elko (tiny little town I dounbt tigerfan has even heard of) with no traffic and he said "you can't be killing the engine and rolling into traffic out here since we've got all this Master's traffic coming through." That was amusing to me.
     
    CUtigerfan, Oct 29, 2009
    #48
  9. Oct 29, 2009 at 2:29 PM
    #49
    JimBeam

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    JimBeam BECAUSE INTERNETS!! Moderator

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    it comes down to

    dont do anything illegal and dont be a dick to the cop and then they dont have any reason to give you a hard time
     
    JimBeam, Oct 29, 2009
    #49
  10. Oct 29, 2009 at 2:32 PM
    #50
    Brunes

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    This- I'm a little late to this one so it's all been said- but if you have nothing to hide and don't make more trouble for yourself....You will most likely never run into a problem.
     
    Brunes, Oct 29, 2009
    #50
  11. Oct 29, 2009 at 2:33 PM
    #51
    TXRoper

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    A lot of the officers that don't find what they are looking for, make up the resisting/interfering charges to be able to arrest the person that is giving them shit. There is no physical evidence regarding these types of charges (unless they actually happened (bruises)).

    No disrespect TigerFan but, It is your RIGHT to fight the charge, you don't have to fight it, but you have the right to plead not guilty and go to trial.

    When I say that the cops arrested the defendants because they gave the cops shit...it is because the cops are telling me this is the reason... not right, but true.
     
    TXRoper, Oct 29, 2009
    #51
  12. Oct 29, 2009 at 2:33 PM
    #52
    ClemsonTacoma

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    ClemsonTacoma Well-Known Member

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    If your 16 you can possess tobacco, atleast that's what I've herd
     
    ClemsonTacoma, Oct 29, 2009
    #52
  13. Oct 29, 2009 at 2:33 PM
    #53
    eordonez

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    eordonez Living vicariously through mjp2

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    this thread got me wondering, what about another country citizen, can he refuse a search, and/or, would having Mexican license plates is PC??
     
    eordonez, Oct 29, 2009
    #53
  14. Oct 29, 2009 at 2:35 PM
    #54
    TXRoper

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    TXRoper Texas Edition

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    Corn Cob pipes really exist?
     
    TXRoper, Oct 29, 2009
    #54
  15. Oct 29, 2009 at 2:35 PM
    #55
    JimBeam

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    JimBeam BECAUSE INTERNETS!! Moderator

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    when you are here...whether legally or illegally...you are entitled to all the rights of any other citizen of this country
     
    JimBeam, Oct 29, 2009
    #55
  16. Oct 29, 2009 at 2:35 PM
    #56
    CUtigerfan

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    CUtigerfan Well-Known Member

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    I'm pretty sure in SC it's 18 to buy, 17 to possess but I could be wrong. I'm 17 now so I'm hoping you can possess at 17
     
    CUtigerfan, Oct 29, 2009
    #56
  17. Oct 29, 2009 at 2:35 PM
    #57
    ClemsonTacoma

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    ClemsonTacoma Well-Known Member

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    I never knew I-95 was a drug trafficing road! :eek: I drive that atleast 2x a month
     
    ClemsonTacoma, Oct 29, 2009
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  18. Oct 29, 2009 at 2:36 PM
    #58
    Brunes

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    Yes...If you are in the US-the Constituional/Federal/State laws govern the actions of the police- No matter where the subject comes from (excluding Diplomatic status or other special cases)
     
    Brunes, Oct 29, 2009
    #58
  19. Oct 29, 2009 at 2:36 PM
    #59
    JimBeam

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    JimBeam BECAUSE INTERNETS!! Moderator

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    you shouldnt use tobacco anyways...its a nasty habit...but thats not the point here
     
    JimBeam, Oct 29, 2009
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  20. Oct 29, 2009 at 2:36 PM
    #60
    eordonez

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    eordonez Living vicariously through mjp2

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    thats what i thought, same here...
     
    eordonez, Oct 29, 2009
    #60
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