What if an officer frisks you, and misses something?


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zahc
January 6, 2006, 01:31 AM
Say for whatever reason an officer does a terry search on you, and misses your spyderco plain edge delica you have in your waistband/whatever. Would you be like 'hey, take my knife, I don't need it'?

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carebear
January 6, 2006, 01:38 AM
Don't thay usually ask if you have any weapons or sharp objects before they frisk? If so, and the knife is legal, I'd probably volunteer it.

If they don't or didn't, are you guilty of something?

Are you going to take a ride with him where you'll be re-frisked?

I'd think those two questions would kinda drive my honesty.

If it's a mix up and you want to be a good guy and the knife is legal, go ahead and ask if he needs to see it.

If you are guilty of something and they find it later, you having "hid it" (their knee-jerk response to avoid admitting they messed up and missed it I'm sure) won't look good.

I guess I'd volunteer it either way, as long as the knife is legal. If not, I might try to ditch it. If I were a criminal. Cops find stuff in the back seats of cruisers that they missed and were dumped by suspects all the time.

zahc
January 6, 2006, 01:42 AM
Don't thay usually ask if you have any weapons or sharp objects before they frisk?

5th?

carebear
January 6, 2006, 01:50 AM
I would think the 5th would only apply if having the weapon is a crime. Otherwise, what are you incriminating yourself of?

AFhack
January 6, 2006, 01:54 AM
Well they are going to ask you if you're carrying something...


So you really have two situations:

1) Whatever you're carrying is legal... and you tell the arresting officer you have it, you're good to go (disregarding the actual circumstances of why you're being searched)

or

2) Whatever you are carrying is illegal... then it breaks down into 2 options

A) You tell them, and it appears that you're being cooperative (could be a good thing for you)

B) You don't tell them. If they processes you any further into the detention system it WILL be found at some point... assuming you don't use it try and escape you'll still be seen as trying to hide something from them (probably a bad thing for you).



Way I look at it is... When I'm carrying a concealed weapon it's not because police and/or local law enforcement are the enemy, it's just because I don't trust my life to their response times. If they are "local" and "present" enough to search me then they're my friends and I'll cooperate completely.

If I'm carrying something illegally, then I'm already in the wrong.

zahc
January 6, 2006, 01:57 AM
Assume the weapon in question is legal. But of course, consider the possibility the police don't know that, as is the case so often, especially with knives.

Jeff White
January 6, 2006, 02:11 AM
I always ask if they have any knives, guns, hand grenades, unregistered thermonuclear devices or sharp objects before I frisk someone. Usually they tell me exactly what I will find. If the knife is legal and I'm not making a custodial arrest, they get it back along with the rest of their property at the end of the contact.

If I'm making a custodial arrest, I ask them one more time before I transport. If they don't fess up to anything they have on them then, they get charged with the felony of bringing contraband into a penal institution.

Jeff

carebear
January 6, 2006, 02:23 AM
Jeff,

Would you also agree in theory that even if the knife is a bit too long (or something) but the contactee "isn't the guy you're looking for" (or obviously not a "bad guy") the honesty in volunteering the info is more likely to draw a warning or other officer discretion?

That's how I tend to think. If I've broken a law, intentionally or not, then "it's a fair cop" if I get caught. All I can do is try to be respectful and honest enough to maybe catch a break.

Pass the hello test and all.

Jeff White
January 6, 2006, 02:38 AM
Carebear,
Illinois has a pretty good law on knives. Basically it's how you use them, unless it's a switchbalde or other weapon that is specifically prohibited. I've never worried about a knife I found on a cooperative subject.
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+24&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60752&SeqStart=50300000&SeqEnd=53000000&ActName=Criminal+Code+of+1961%2E
ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
(Text of Section from P.A. 94‑72)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

As you can see the law requires me to prove intent to use it unlawfully. So unless it's a switchblade, brass knuckles, throwing star or ballistic knife, it's not automatically contraband.

It's always a good idea to come clean and hope for a break. Failing to tell me about the knife may make me believe you intended to misuse it, perhaps in an attack on me if I let my guard down. Which could lead to a charge of unlawful use of weapons...

Jeff

carebear
January 6, 2006, 03:32 AM
AK is much like that, almost every possession crime has an "intent" clause.

Which is good, since as a former contractor I carry "burglery tools" in my truck all the time. :D

Ryder
January 6, 2006, 04:07 AM
I have not offered that information in the past. I have been "invited" to sit in cop cars several times while they ran my papers looking for warrants. I'd hitch rides when I was younger and no they did not ask about nor did they search for weapons. Maybe I have an honest face? I certainly have an honest record and they'd just let me go on my way.

These knives were not legal in size nor in the way they were carried. They were carried for potential self-defense against strangers who invited me to sit in their cars. Why would it not be needed if it's being used as intended?

Hkmp5sd
January 6, 2006, 04:26 AM
The last time I was frisked, the deputy was far more interested in playing with my Glock 27 than the 3 knives he removed from me. :)

poe_9999
January 6, 2006, 05:17 AM
Any contraband the police officer misses simply stuff between the seats on your ride down town.
:)

chopinbloc
January 6, 2006, 07:15 AM
sometimes, they don't ask. the last time i was searched, they didn't ask and although they got the full size kimber that i had iwb at about four o'clock and my pocket knife, i had to tell them about the g27 carried on my ankle. later, while sitting on the curb waiting for their attention, i realized that they might want to know about the handcuff key on my keychain so i told them about it and they didn't seem to care. what's scary is that if i were a bad guy, i would have been sat down on the curb with a pistol and a handcuff key:eek: i hope they learned from that and performed a better search on everyone afterwords. that could have been a bad one and the way i see it, the only thing that prevented the deaths of the two officers present was the fact that i'm NOT a homocidal maniac.


Cops find stuff in the back seats of cruisers that they missed and were dumped by suspects all the time.


actually, many cruisers have a removable tray in the trunk which conveniently catches any contraband stuffed into the seat by the perp. it is also the policy of many departments to search the vehicle thoroughly before and after transporting ANYONE. this practice allows them to use any contraband found in the car as evidence in court.

scubie02
January 6, 2006, 10:39 AM
If I'm remembering correctly the last time I had a contact with the police where they asked if I had any weapons or anything in my vehicle I told thewm there was almost certainly a knife or two in there either in the glove compartment or center armrest (it was my truck, which I use for hunting amongst other things and there's always a knife suitable for skinning in there in case I manage to forget to take one with me) and they didn't seem to care--I think he actually said "ah, I don't care about that" in an unconcerned manner. I have to say after the initial I guess I would say surprise at realizing I was armed (apparently something not come across as often anymore in NY, even upstate, sadly) he was very professional and didn't seem too worried once the two guns I had with me were in his possession and he realized I had a permit and everything. In fact, he gave me my one gun back loaded at the end of the contact.

So I guess the answer is yes, if asked I'd definitely volunteer it. If frisked for some reason and they don't say anything its a tougher call, because what if they realized and just weren't concerned, and I don't wish to make it seem like I am implying they "missed" something. I'd probably try to find a polite way of letting them know I had it w/out making it seem like they had made a mistake not knowing--nobody likes someone implying they don't know how to do their job.

Biker
January 6, 2006, 10:48 AM
I've had them miss my fixed blade Gerber before, and I've always brought it to their attention. The last thing I want to do is make a cop nervous or to piss him off, especially when he could give me a ticket for any number of things if he wished.;)
Biker

HankB
January 6, 2006, 10:50 AM
Here in TX, if you're licensed to carry a concealed weapon, by law you have to inform the officer when he asks for ID if you're "packing." Usually, that means you hand your concealed handgun license over to him along with your driver's license. If I'm making a custodial arrest, I ask them one more time before I transport. Does this "one more time" occur before or after you've told them they have the right to remain silent? If they don't fess up to anything they have on them then, they get charged with the felony of bringing contraband into a penal institution. Hmmm . . . any convictions, seeing as you're the one bringing them - and by extension, the contraband - into the penal institution? No responsibility on your part at all? Sweet . . .

TexasRifleman
January 6, 2006, 10:51 AM
I want to know what the heck you guys are doing that involves you being frisked so often? :evil:

Biker
January 6, 2006, 10:53 AM
I want to know what the heck you guys are doing that involves you being frisked so often? :evil:
I like to take my morning walks between two and four AM. Also, once in while, I ride through towns that don't take kindly to 'my type'.
:rolleyes:
Biker

Byron Quick
January 6, 2006, 10:59 AM
I was taken in for a breathalyzer test at age 17. I was frisked befoe they put me in the squad car. No one asked if I was armed or possessed contraband. I volunteered the information that they had missed a large Barlow type knife. They took possession of it.

At the station, the breathalyzer result was 'less than detectable' according to the operator. So one of the officers informed me that I would be charged with carrying a concealed weapon. No prior record of convictions, arrests, or traffic stops.

CAS700850
January 6, 2006, 11:23 AM
Jeff's post is pretty much dead on. Most officers will ask, for their own safety more than for getting an admission to carrying a weapon. Wouldn't you rather know about a needle in a pocket before you stick your hand in to search? We train the officers to advise a subject before transport that it is their last chance to avoid a felony Illegal Conveyance charge to turn over any weapons or drugs, becuase if they are found inside the facility, they will be charged with Conveyance as well as Possession (assuming the possession is illegal). Is it a violation of their 5A right to remain silent? The officer isn't compelling testimony as much as advising the subject of the possible consequences.

Personally, I'd tell. Then again, I hope that I never have to find out myself, having only faced a pat down on a couple of occassions. Well, the professional law enforcement type for business, not entertainment. :D

Igloodude
January 6, 2006, 11:58 AM
I'd assume they'd ask, and I'd tell them, and if they didn't ask then I'd probably mention it during the frisk. I have no desire to trick or play games with police when it comes to their (and my) physical security.

The handcuff key on my keychain is a somewhat iffier question (and no, I'm not employed in law enforcement).

Firethorn
January 6, 2006, 12:05 PM
I was taken in for a breathalyzer test at age 17. I was frisked befoe they put me in the squad car. No one asked if I was armed or possessed contraband. I volunteered the information that they had missed a large Barlow type knife. They took possession of it.

At the station, the breathalyzer result was 'less than detectable' according to the operator. So one of the officers informed me that I would be charged with carrying a concealed weapon. No prior record of convictions, arrests, or traffic stops.

If you don't mind me asking, how did that end up?

bruss01
January 6, 2006, 12:25 PM
I wouldn't admit anything. Most cops I have encountered have been decent guys, just doing their job, and ok with you going about your business. Occasionally I have encountered cops who have a real attitude. Don't know if I just caught them on a bad day or what. I've heard plenty about cops who have a taste for nice knives who take a blade from a person "for the officer's protection" and forget to hand it back at the end of the stop. If asked, they say "I'm sorry sir, what knife are you talking about?" If pressed they start talking about other possible charges against you they might need to investigate... you start wondering if they will swipe your knife, who says they're above tossing a small bag of weed or something into your car? At that point most people will drop it, considering it the "price" of having had contact with the police. Sad.

I have an attorney friend. He's middle-aged, drives a late model car (nice) wears a suit and tie, not a minority. Has a CCW permit. Was reaching for something in the car while driving, had to undo seat belt for maybe 20 seconds to reach it. Cop spotted him during that 20 seconds, pulled him over. Guy felt he ought to do the "right" thing, so calmly, looking straght ahead, both hands firmly on the wheel, advises the (rookie) cop that he has a firearm in the vehicle, locked in his briefcase, which is locked in the trunk, and that he has a CCW permit. Fast as you can say "Jack Sprat" he is looking down the barrel of the (now very nervous and agressive) cop's handgun.

It ended well but I do not intend to take that kind of risk, gamble my life on someone else's temperment, state of mind, and trigger control. If they want to know what I have in the car, let them guess, or better yet do a non-consensual search of the vehicle. I always travel in strict accordance with the law, they won't find any violation unless they "create" one.

Jeff White
January 6, 2006, 03:14 PM
HankB asked;

Quote:
If I'm making a custodial arrest, I ask them one more time before I transport.

Does this "one more time" occur before or after you've told them they have the right to remain silent?

First off, unlike the TV cops, we don't advise a person of their rights until we question them. Usually the only exception to this is if they start blurting out the details of the crime. Then they are stopped and advised of their rights. I always remind them that they don't have to tell me when I ask that, but I add in that they will be strip searched at the jail, and it will be found, and at that time they are looking at felony charges and an almost sure trip to prison.

For example, I am arresting someone for driving on a suspended license. A pretty common custodial arrest around here. They go to the jail, post $100 bond and are released. Now this person has a misdemeanor amount of marijuana in a baggie in their shoe. An amount that would amount to a small fine, equivalent to a traffic ticket. The person doesn't give it up then. They are asked again at the jail. Still doesn't give it up. They find it on the strip search. Now instead of posting $100 cash and being given a notice to appear on the possession of cannabis charge, they go into the jail population, are charged with the felony of bringing contraband into a penal institution and most likely do at least a year in DOC.


Quote:
If they don't fess up to anything they have on them then, they get charged with the felony of bringing contraband into a penal institution.

Hmmm . . . any convictions, seeing as you're the one bringing them - and by extension, the contraband - into the penal institution? No responsibility on your part at all? Sweet . . .

Yes, we convict people for that all the time. How is it my responsibility? Am I supposed to take them home so they can hide their contraband before they go to jail? I am not bringing the contraband in, they are. Granted they have no choice in the matter, but faced with a misdemeanor possession charge or going to prison on the felony, I know which I'd pick. But it's totally their choice.

Is it your position that anything else they have on them at the time of arrest should be free and clear because they have no choice abouit going to jail?

Jeff

HankB
January 6, 2006, 04:35 PM
. . . we don't advise a person of their rights until we question them. So asking them questions about what illegal items they have in their possession isn't questioning? Hmmm . . . I always remind them that they don't have to tell me when I ask that, but I add in that they will be strip searched at the jail, and it will be found, and at that time they are looking at felony charges and an almost sure trip to prison.Are they read their rights before you take them to jail, or after they get there? It would seem that if they exercised their right to remain silent, your "warning" is essentially a threat issued for the purpose of coercing the person into giving up their right to remain silent and confessing to a crime. (Especially if what they have is fundamentally illegal, like the dope in your example, rather than something normally legal, like a small pocket knife.) Are their defense lawyers advised of this?How is it my responsibility? . . . I am not bringing the contraband in, they are.This is pure sophistry - who's bringing THEM in? I'm sure they don't want to be there, it's you who are bringing them, and everything they may have, in. And as for asking how it's your responsibility, well, aren't you the arresting officer, the guy who's supposed to be in charge, the guy in control, the guy who's supposed to know what's going on?Is it your position that anything else they have on them at the time of arrest should be free and clear because they have no choice about going to jail? It's my position that it's the responsibility of the arresting officer to know what the people he's arrested have on their persons. From your own posts, it looks like you don't. And worse, from your own posts ("How is this my responsibility?") it looks like you don't care. Miss a bag of dope, legal problem for the lawyers to argue about. Miss something dangerous, someone can get hurt.

Have they stopped teaching how to search an arrestee in cop school, or is it just too much of a bother? :rolleyes:

sm
January 6, 2006, 04:54 PM
Jeff White's Posts
+1

Kinda have to remember with State and Federal Regulations and don't forget Regulations for CCW in your locale.

Especially with today's War on "[]" .

I have not been into our Airport in a bit. I have done the "oops" about halfway toward the Federal Courthouse, Federal Bldg, any Courthouse for that matter, the FBI office, and some other places.

I forgot my little Swiss Army Knife at the FBI office. Lady was nice, "well where you are going and business, I don't feel you have a chance on taking over a conference room with a bunch of folks with loaded guns".

She smiled, handed me my SAK back , I left it in my pocket. Yeah the FBI does have a sense of humor sometimes.

Only reason I got frisked was the metal detector picked up my money clip, keys were in bowl...empty that pocket and "oops" " sorry about the SAK. "

Jeff White
January 6, 2006, 05:13 PM
HankB said;
Are they read their rights before you take them to jail, or after they get there? It would seem that if they exercised their right to remain silent, your "warning" is essentially a threat issued for the purpose of coercing the person into giving up their right to remain silent and confessing to a crime. (Especially if what they have is fundamentally illegal, like the dope in your example, rather than something normally legal, like a small pocket knife.) Are their defense lawyers advised of this?

Like I said, it depends on the case. In the example I used about the suspended driver, no I don't read them their rights. There is no questioning involved. Bringing something like a small pocket knife into the jail as part of their property that is being secured is not bringing contraband into a penal institution. If they tried to hide said knife so it would be missed on the search, it is bringing contraband into the jail. Here is the law as written in Illinois.

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+31A&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60782&SeqStart=59900000&SeqEnd=60200000&ActName=Criminal+Code+of+1961%2E
(720 ILCS 5/31A‑1.1) (from Ch. 38, par. 31A‑1.1)
Sec. 31A‑1.1. Bringing Contraband into a Penal Institution; Possessing Contraband in a Penal Institution.
(a) A person commits the offense of bringing contraband into a penal institution when he knowingly and without authority of any person designated or authorized to grant such authority (1) brings an item of contraband into a penal institution or (2) causes another to bring an item of contraband into a penal institution or (3) places an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband.
(b) A person commits the offense of possessing contraband in a penal institution when he possesses contraband in a penal institution, regardless of the intent with which he possesses it.
(c) For the purposes of this Section, the words and phrases listed below shall be defined as follows:
(1) "Penal institution" means any penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half‑way house or other institution or place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing; provided that where the place for incarceration or custody is housed within another public building this Act shall not apply to that part of such building unrelated to the incarceration or custody of persons.
(2) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined in Section 1‑3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as such term is defined in subsection (a) of Section 3 of the Cannabis Control Act.
(iii) "Controlled substance" as such term is defined in the Illinois Controlled Substances Act.
(iii‑a) "Methamphetamine" as such term is defined in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
(iv) "Hypodermic syringe" or hypodermic needle, or any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
(v) "Weapon" means any knife, dagger, dirk, billy, razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. Such term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24‑1 of this Act, or any other dangerous weapon or instrument of like character.
(vi) "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
(A) any pneumatic gun, spring gun, or B‑B gun which expels a single globular projectile not exceeding .18 inch in diameter, or;
(B) any device used exclusively for signaling or safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(C) any device used exclusively for the firing of stud cartridges, explosive rivets or industrial ammunition; or
(D) any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning, commonly referred to as a stun gun or taser.
(vii) "Firearm ammunition" means any self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
(A) any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
(B) any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
(viii) "Explosive" means, but is not limited to, bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one‑quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
(ix) "Tool to defeat security mechanisms" means, but is not limited to, handcuff or security restraint key, tool designed to pick locks, or device or instrument capable of unlocking handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
(x) "Cutting tool" means, but is not limited to, hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
(xi) "Electronic contraband" means, but is not limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.
(d) Bringing alcoholic liquor into a penal institution is a Class 4 felony. Possessing alcoholic liquor in a penal institution is a Class 4 felony.
(e) Bringing cannabis into a penal institution is a Class 3 felony. Possessing cannabis in a penal institution is a Class 3 felony.
(f) Bringing any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Controlled Substance Act into a penal institution is a Class 2 felony. Possessing any amount of a controlled substance classified in Schedule III, IV, or V of Article II of the Controlled Substance Act in a penal institution is a Class 2 felony.
(g) Bringing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act into a penal institution is a Class 1 felony. Possessing any amount of a controlled substance classified in Schedules I or II of Article II of the Controlled Substance Act in a penal institution is a Class 1 felony.
(h) Bringing an item of contraband listed in paragraph (iv) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (iv) of subsection (c)(2) in a penal institution is a Class 1 felony.
(i) Bringing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) into a penal institution is a Class 1 felony. Possessing an item of contraband listed in paragraph (v), (ix), (x), or (xi) of subsection (c)(2) in a penal institution is a Class 1 felony.
(j) Bringing an item of contraband listed in paragraphs (vi), (vii) or (viii) of subsection (c)(2) in a penal institution is a Class X felony. Possessing an item of contraband listed in paragraphs (vi), (vii), or (viii) of subsection (c)(2) in a penal institution is a Class X felony.
(k) It shall be an affirmative defense to subsection (b) hereof, that such possession was specifically authorized by rule, regulation, or directive of the governing authority of the penal institution or order issued pursuant thereto.
(l) It shall be an affirmative defense to subsection (a)(1) and subsection (b) hereof that the person bringing into or possessing contraband in a penal institution had been arrested, and that that person possessed such contraband at the time of his arrest, and that such contraband was brought into or possessed in the penal institution by that person as a direct and immediate result of his arrest.
(m) Items confiscated may be retained for use by the Department of Corrections or disposed of as deemed appropriate by the Chief Administrative Officer in accordance with Department rules or disposed of as required by law.
(Source: P.A. 94‑556, eff. 9‑11‑05.)

I don't think you understand that when I make a custodial arrest, I can conduct a search incident to that arrest. They aren't being coerced into admitting any crime, because as soon as they get to jail, they will be strip searched and the contraband will be found. They are simply being given an opportunity to avoid the more serious charge. If they want to chance that they will get past the strip search and into the cell block or pod with the contraband, then it's up to them. Admit you have it to me or the CO on inprocessing and you just get charged with possession if it's an illegal substance. Don't admit you have it and be charged with bringing contraband into a penal institution. It's a simple as that.


Quote:
How is it my responsibility? . . . I am not bringing the contraband in, they are.

This is pure sophistry - who's bringing THEM in? I'm sure they don't want to be there, it's you who are bringing them, and everything they may have, in. And as for asking how it's your responsibility, well, aren't you the arresting officer, the guy who's supposed to be in charge, the guy in control, the guy who's supposed to know what's going on?

Which is why I (and every other officer I know) asks them if they have anything else. So we do know.


Quote:
Is it your position that anything else they have on them at the time of arrest should be free and clear because they have no choice about going to jail?

It's my position that it's the responsibility of the arresting officer to know what the people he's arrested have on their persons. From your own posts, it looks like you don't. And worse, from your own posts ("How is this my responsibility?") it looks like you don't care. Miss a bag of dope, legal problem for the lawyers to argue about. Miss something dangerous, someone can get hurt.

Have they stopped teaching how to search an arrestee in cop school, or is it just too much of a bother?

Perhaps you'd be happier if we conducted strip searches on the side of the road? :uhoh: Obviously you haven't seen all the places people hide this stuff? I'm sure the ACLU would just love it if we had suspects disrobe on the side of the road while we turned all their clothing inside out, :what: If it's your position that the officer is responsible for making sure an arrestee has no contraband secreted anywhere on his/her body before they arrive at the jail, then you obviously don't live in the same reality as the rest of us.

Jeff

Gifted
January 6, 2006, 11:35 PM
+1 on Jeff.

I'm still not getting Hank though. You've had it explained several times. I suppose we could charge Jeff if the suspect told him that he had contraband, but didn't do anything about it, but if the suspect doesn't, then Jeff has nothing to do with anything that he/she does.A person commits the offense of bringing contraband into a penal institution when he knowingly and without authority of any person designated or authorized to grant such authority (1) brings an item of contraband into a penal institution or (2) causes another to bring an item of contraband into a penal institution or (3) places an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband.
I added the bold.

Byron Quick
January 7, 2006, 12:04 AM
If you don't mind me asking, how did that end up?

Firethorn,

No problem. This happened in Augusta, Georgia in 1971. The city and county law enforcement was fairly corrupt at the time. (So was the city and county government in general.) The sheriff went to prison three or four years later. If my memory is correct, the police chief did time too. The head of narcotics and vice for the sheriff department was found to have about 30K in a safe deposit box that he couldn't provide an explanation for. The city police head of vice was doing the same thing but apparently was slicker as he never got caught. And so forth.


My father asked around about the set up in Augusta. He was given the name of the defense attorney to hire. He paid the attorney. The charges were dropped. How, what, and why? I have no clue. I never had to go to court.

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