Just got a visit from the cops

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And the cop responds, "Well, Judge, I axed him if I could come in and look around and he said I couldn't so that gave me probable cause."
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The odds are, unless the prosecutor rides to work on the short bus, he's not going to be ALLOWED to say that. Instead, that won't be pursued at all, the cop will lie and claim you consented, or he'll try to argue inevitable discovery.
 
And the cop responds, "Well, Judge, I axed him if I could come in and look around and he said I couldn't so that gave me probable cause."
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The Supreme Court has already SPECIFICALLY addressed this numerous times in the last two centuries and every single time has come down with the opinion that refusal to submit to a search DOES NOT COME ANYWHERE CLOSE TO PROBABLE CAUSE.

So if a Cop said that in trial the judge would slam the gavel down and say "Case Dismissed" ... then he'd likely start criminal proceedings against the cop, and push the DA for disciplinary actions against the Assistant DA that put this cop on the stand and the cop's commanding officer.
 
then he'd likely start criminal proceedings against the cop, and push the DA for disciplinary actions against the Assistant DA that put this cop on the stand and the cop's commanding officer.


really? on what planet is that? could you point to an instance of that happening? in real life not on the net
 
here you go i'll help get em riled more
when i moved to fredericksburg i rented a trailer in the country had hair to my belt lookes latino to some folks and i built a greenhouse on the back of 3 acres. when i got it finished i called a neighbor who was a detective and invited him over for a peek. he was a lil curious why i barely knew him. i told him looking like i did i wanted him to see what i was growing and that i'd just as soon he help himself to an occasional green pepper and tomato if i could skip getting raided.he laughed and said i had a point one of the neighbors had already commented about that long hair city boys greenhouse. heck i woulda thought the same. a decade earlier they woulda been right. just another one of the steps i take to avoid drama in my familys life. i also didn't want some young moron to try to rob me of something i didn't have. appearances do count
 
It is a whole different story when you find a cop and ask him to look around than it is for a cop to find you and ask to look around.
 
So if a Cop said that in trial the judge would slam the gavel down and say "Case Dismissed"
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I doubt it, but I guarantee any criminal defense attorney worthy of the title would subject that cop to so much ridicule on the stand that he'd probably walk out of the courtroom and put his gun in his own mouth.

As I said, no even minimally competent prosecutor would even let him say such a thing, since he'd not only make himself look like a retard, but that prosecutor as well for having put him on the stand without proper preparation. Prosecutors tend not to like it when cops make the prosecutor look like his belt size is bigger than his IQ.
 
I have only had limited dealings with cops. But everytime its been pleasent, I'm simply respectful to them and don't do anything that would make their job harder.

But I live in a town with a very good police force, thats also pretty bored. Its not a city that typicaly has a lot of crime so they don't have a lot to do.
 
Our foundational freedoms include the right against warrantless searches ... sad when you give away the rights that others died to earn and protect...
 
I think we have come to a point here where the pro's and con's of consenting to a warrantless search have been given by both sides and we have begun to repeat ourselves . This thread had gone off topic in my opinion because it has changed from the OP's question of "Anything I overlooked, did wrong, or could do better next time? " and has turned into "why not to trust the police " . There have been numerous people giving the same responce and the same reasoning . So please only post if you have somthing new to add . The OP was within his right to consent to the search . We should not criticize or chastise him for exercising his right .



Leadcounsel what I find sad is the fact that you are trying to intentionally guilt the OP into regretting their course of action based on anything besides relevant information to his question.
I am sorry if that was not your intent but that is how it came across in my view .
 
Well, since you asked for comments in your original post...
This sounds shady as hell, 7 cars, 5 officers on your porch, all on a nebulous complaint and an incorrect address.
No warrant, no fishing!
I think that most LEOs are good, decent people trying to make the world a safer place. I know that there are a few bad apples and I also know that good officers make mistakes.
Below are links to a couple of stories that sound an awful lot like yours with a different ending:

http://wjz.com/pets/botched.raids.wjz.2.854006.html

http://www.nytimes.com/2007/04/27/u...ac95ae6f89ffad&ei=5088&partner=rssnyt&emc=rss
 
I don't think he did the wrong thing. Maybe not the wise thing, but you can't argue with results.

I am offended that people would accuse the cops of planting something. If you do not trust the police, start a petition and get rid of them, but do not impugn the character of the police because you have read too many e-mail forwards.

After Hurricane Ike, there was a tree branch leaning on a power line about to be set afire. The line arced power into the tree, the tree smoked. We called the fire department. LEO's responded first and got pissed off because in there opinion there wasn't a fire. One of them asked to use my bathroom. I let him. He might have been doing a plan view search... He might have just had to take a leak.

Would I have consented to the search. Doubtful, but then again maybe so. Better a search than a no knock warrant in the middle of the night and getting your dog and possibly yourself ventilated.

The LEO's might have heard some tips and rather than get a warrant and kick in doors and all that, decided to go and check out the resident. Crackheads often roll out stupid intel. Just ask the officers in Atlanta if they wish they had gone and talked to the old lady. You can't complain on one hand and then complain on the other... It is just annoying.
 
and inconsistent too... but if you knew how humiliating it was when they got that ticket or lost that bag of weed you'd understand it better
 
I am offended that people would accuse the cops of planting something. If you do not trust the police, start a petition and get rid of them, but do not impugn the character of the police because you have read too many e-mail forwards.
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Who was it who lied to get a search warrant of Kathryn Johnston's home?
Who was it who shot Kathryn Johnston?
Who was it who suborned perjury from an informant after they shot her?
Who was it who planted drugs in her home after shooting her?

Was it an "e-mail forward" or the Atlanta PD?

Anybody who claims the police always do these things is a liar or insane... as is anybody who claims they never do.
 
and inconsistent too... but if you knew how humiliating it was when they got that ticket or lost that bag of weed you'd understand it better
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Have you considered that there are people who don't have your self-admitted past and don't like it when they're treated as though they do?
 
Who was it who lied to get a search warrant of Kathryn Johnston's home?
Who was it who shot Kathryn Johnston?
Who was it who suborned perjury from an informant after they shot her?
Who was it who planted drugs in her home after shooting her?

Was it an "e-mail forward" or the Atlanta PD?

Anybody who claims the police always do these things is a liar or insane... as is anybody who claims they never do.
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Yeah, and banks are evil and need to be controlled by the Government... People do stupid and evil crap. Yes yes old news.

The system worked, the bad guys went to jail. That is ONE incident out of millions. MILLIONS. The system finds these guys and they go to jail. There are not many of them.

For the record, I didn't say they never do.

I talk to people who say things like "the government killed Kennedy", "FEMA has death camps", "cops plant evidence", and so on and on. My question to them is WHY do they / we serve a government that EVERYONE thinks is evil? Seriously? If I thought those things were TRUE, I mean no mitigating circumstances, I would make it my life's mission to change things.

In this case, I think the cops were trying to AVOID an Atlanta. Kudos to them.
 
I've spent lots of time and had some great experiances with LEO's I've met while at the local ranges. And I'm rather sure that all of them are good, trustworthy people. But unless I have invited them to my house.....they are NOT comming in the door without a warrant. And I don't care how "guilty" that makes me look. That old line "only guilty people have anything to hide" is pure BS imo. If they need to have a conversation with me they can meet me at my office here at church. This isn't MY house. And they are welcome here any time. No warrant neccessary.
 
i have and find that in the case of the internet those folks i described fall in the majority. interestingly enough i always took the consequences of getting caught as part of the cost of doing business. never figured it as humiliating. now if i whined about it and became some kinda poseur that would be humiliating.

oddly enough i also consider how annoyed i would be to be a cop and have to listen to so much drivel . i do try to make allowances for folks who just have issues either with authority or just plain mental ones. i have even more understanding for folks who've had a genuine bad encounter , though i don't give credit for cops being rude writing tickets . they represent a miniscule proportion of those who post in outrage. folks fear the cops and we hate what we fear.we fear what se don't know. the calories would be better spent changing the laws that have generated so much fear but thats not nearly as much fun as the drivel.
 
I have absolutely no fear of cops (at least the local ones), nor am I concerned with them finding anything illegal in my home. My point is, It's MY home. And I have the right to decide who enters and who does not. And anyone who doesn't respect that right, doesn't deserve my respect. And a good cop WILL understand and respect that point of view. And they are welcome in my home upon my invitation, which a few have recieved and accepted.
 
oddly enough i also consider how annoyed i would be to be a cop and have to listen to so much drivel
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Unlike Egypt, we don't draft cops. NO cop has to listen to "drivel" about the 4th and 5th Amendments. He can always find alternate employment which does not involve activities which if negligently or maliciously taken, violate the constitutional rights of others.

Never having been in whatever your "business" was, I am completely unwilling to accept whatever "costs" might attach to it. In fact I go considerably out of my way to avoid such "business" and "businessmen". If somebody tries to levy those "costs" against me anyway, I'll devote my every effort to exacting the highest "costs" from them in return. An absolute refusal to suffer the consequences of the actions of unknown others REALLY provokes "whining", it appears.
 
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