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Old May 6, 2009 | 7:58 pm
  #291  
law dawg
 
Join Date: Aug 2004
Posts: 4,704
Originally Posted by tkey75
Plainly stating in no uncertain terms that you "[take] a Constitutional liberty or two" and that "presumption of innocence means diddly-do" is not a delusion. It's a major problem that is prevelant in the law enforcement agency.
I didn't follow all court precedent when I didn't prefer charges. If I planned on filing charges, I follow all prescribed rulings. The Exclusionary Rule only applies in court. This is to keep the government from punishing people without cause. As I didn't file charges, there was no punishment. I didn't invade their home, pull guns, etc. No force was used. It was simply telling them to empty their pockets. I didn't have RS for a search nor consent nor a warrant, so technically it was an unauthorized search. But telling some kids you know are up to no good to dump their pocket trash and then flushing their dime bags isn't abusing the Constitution, IMO. Your mileage may vary, however.

I do applaud you for not ruining kid's lives by turning them into their parents instead of filing charges.
Why would I? They were just kids up to shenanigans, not gangstas. Had they been hardcore skinheads or gangbangers I would have approached the situation differently. Just dumb kids that needed to not be hanging out smoking stuff, huffing, or drinking when the popo is driving around isn't smart.

I came upon a guy smoking weed while fishing. Made him throw it in the water. Talked about fishing for a bit. Bid him a good day and off I went. I generally only deal with serious stuff. That's my attitude. Other guys are broken window policers. Different ways of thinking, neither is right or wrong, just different approaches.
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