Derry 1946
Member
- Joined
- Jun 27, 2011
- Messages
- 516
Thanks for the update, Mopar. Keep us posted.
Supreme Court has upheld that a vehicle may be searched without a warrant.....
Am I interpreting this as saying you won't be pursuing this further?!That officer is a 20 year veteran of that force, so it'll be swept under the rug, but at least he knows somebody knows the law!
so it'll be swept under the rug
only if you let itThat officer is a 20 year veteran of that force, so it'll be swept under the rug, but at least he knows somebody knows the law!
"Sounds like a rookie that only gets to carry one bullet in his pocket."
What does this mean?
It's been stated that it is not required.
Now it depends on what you want to accomplish.
The state can, byt the way, be held accountable for other actions than arrest. A 1983 suit for violation of civil rights, for example, does not require that there have been an arrest. Otherwise, in the cases where police shot and killed unarmed citizens, and obviously did not then arrest anyone, the heirs would have no recourse. By the way, I'm not implying there's anything about 4th amendment (or anything else) you don't understand. I'm just commenting on the issue of arrest.mjldeckard,
What part of search and seizure do you think I don't understand?
My post is in response to some posters that feel the officer broke the law. The real issue was did he have reasonable suspicion to conduct the search? Since a arrest was not made his actions can not be determined by a criminal court.
However when it comes to his judgment that is a different issue. It certainly seems to be inappropriate for the circumstances.
P.S. I have a B.S. degree in Criminal Justice and attended Graduate School studying the 4th Amendment. My law book on the subject of Supreme Court cases was about 5" thick. I am not a expert by any means but i graduated Magna Cum Laude so you can probably guess this is a favorite subject of mine. Anyway if there are some Supreme Court cases that leads you to a different conclusion please share it with the group.
David E,
But NOT without consent or probable cause.
Don't forget inventory search following a arrest.
They CAN... but you can ask FORMER Officer Daniel Harless of the Canton PD what happens sometimes when they do.Its LEO job to be Government Administrators so maybe they should go the extra mile (not all of them) and learn the laws they are paid by tax dollars to up hold. They cant just handle situations as they see fit.