So what exactly creates probable cause?
#286
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I've "slapped the wrist" of many people over the years and told them to cut it out. Officer discretion and all of that. And maybe I took a Constitutional liberty or two but I knew, beforehand, I wasn't going to press charges. Of course I don't recommend doing it because you may find something else out later that you have to press charges on and that evidence might be tainted (Fruit of the Poisonous Tree), but I've taken beers and joints and paint thinner (huffers), etc. away from kids without proper Constitutional due process, because I filed no charges.
If they came from homes that gave a crap about them I usually told their parents, which is infinitely worse than criminal charges.
Also, I was not using your specific example other than to demonstrate how their is no "presumption of innocence" on the street. If that were the case no LE work would be done other than what was personally observed by the LEO. On the street, presumption of innocence means diddly-do. All that counts is reasonable suspicion and probable cause to believe a crime has been committed, so long as criminal charges are anticipated.
If they came from homes that gave a crap about them I usually told their parents, which is infinitely worse than criminal charges.

Also, I was not using your specific example other than to demonstrate how their is no "presumption of innocence" on the street. If that were the case no LE work would be done other than what was personally observed by the LEO. On the street, presumption of innocence means diddly-do. All that counts is reasonable suspicion and probable cause to believe a crime has been committed, so long as criminal charges are anticipated.

I'd say it's hypocritical that you rolled up the Constitution and smoked it, but you apparently never had much regard for it in the first place.
#287
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Whatever. Reasonable suspicion and probable cause are the only bywords that matter in street enforcement. If you choose to believe otherwise, feel free to engage in whatever delusion makes your peanut butter brown.
#289
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I do applaud you for not ruining kid's lives by turning them into their parents instead of filing charges.
Last edited by tkey75; May 6, 2009 at 7:32 pm Reason: removed some items
#290
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#291
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I do applaud you for not ruining kid's lives by turning them into their parents instead of filing charges.
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.
#293
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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.
What all that does is call into question in every single encounter whether the LEO any particular individual is dealing with is playing by the rules or not. Your position is very intimidating, especially to those ignorant of the law. That's not something to be taken advantage of. To gain the trust of the public, trust is not something that should be questioned.
#295
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Disagree; the broken window police are wrong. While they're writing up some poor shmo for a cracked window, a store is robbed, baby kidnapped, teenager raped, etc, etc, etc. Bad use of time.
#296
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In the case of Law Dawg using the Andy Griffith approach to kids being kids, guess what, his approach is NOT unconstitutional.
Telling a kid to empty his pockets on suspicion is not a violation of the 4th Amendment. For one the kid can turn and walk away, secondly if you really want to press it the officer has the right to search to maintain his safety once he makes contact.
Property that a person does not have the right to possess is NOT protected by the Constitution. So there is no 5th Amendment violation. Beer, weed and huffing paraphernalia in possession by a minor would fit this category.
If Law Dawg saw fit to take money or even a screwdriver from a minor you may have a 5th Amendment violation.
Time to mess with your heads.
Just because something is unconstitutional does NOT automatically mean it is immoral, wrong or otherwise nefarious. (example: line item veto)
Telling a kid to empty his pockets on suspicion is not a violation of the 4th Amendment. For one the kid can turn and walk away, secondly if you really want to press it the officer has the right to search to maintain his safety once he makes contact.
Property that a person does not have the right to possess is NOT protected by the Constitution. So there is no 5th Amendment violation. Beer, weed and huffing paraphernalia in possession by a minor would fit this category.
If Law Dawg saw fit to take money or even a screwdriver from a minor you may have a 5th Amendment violation.
Time to mess with your heads.
Just because something is unconstitutional does NOT automatically mean it is immoral, wrong or otherwise nefarious. (example: line item veto)
#297
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I see that as taking the attitude of "I didn't get caught abusing the Constitution, so it's okay". Had you met them in court over it, you would (hopefully) have been "caught" and they would go free, as they should.
What all that does is call into question in every single encounter whether the LEO any particular individual is dealing with is playing by the rules or not. Your position is very intimidating, especially to those ignorant of the law. That's not something to be taken advantage of. To gain the trust of the public, trust is not something that should be questioned.
What all that does is call into question in every single encounter whether the LEO any particular individual is dealing with is playing by the rules or not. Your position is very intimidating, especially to those ignorant of the law. That's not something to be taken advantage of. To gain the trust of the public, trust is not something that should be questioned.
#298
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Depends. I'd need more info. C'mon man, if you were a 14 year old out getting into trouble would you tell a cop "no" when he caught you messing up? Like I said, these weren't hardened criminals.
Broken window doesn't mean the store owner's window is busted. It means if you turn a blind eye to kids breaking windows they grow up to do a lot worse. Small crimes turn into big ones kinda thing.
Disagree; the broken window police are wrong. While they're writing up some poor shmo for a cracked window, a store is robbed, baby kidnapped, teenager raped, etc, etc, etc. Bad use of time.
#299
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"I don't like the looks of those youngsters" is not reasonable suspicion.
Or even a more reasonable example was the one upthread where the cop just took the bottle form the kid to see if it was beer or not. What's wrong with taking the kid's word for it?
#300
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But kids will unwittingly bow to authority. Every time I got pulled over and the cop said in his cop-authoritative voice "Open the trunk", I did without question. Again, I happened to be clean on those occasions, but they were for sure fishing expeditions, completely unnecessary and only served to put me off to LEOs and made me better at the game.
And that's where the issue is deeper than just dealing with kids, who are far too easy to catch wrongdoing. If you're willing to trample the Constitution and prey on kids, why should I trust you now that I'm older?

