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Another Blow to the Fourth Amendment
This is a discussion on Another Blow to the Fourth Amendment within the General Talk forums, part of the General Discussion category; Originally Posted by csi-tech
I suspect you won't be the only LEO in America that still respects the Constitution as written. There is supposed ...
I suspect you won't be the only LEO in America that still respects the Constitution as written. There is supposed to be another one somewhere in Montana.
Originally Posted by csi-tech
Seriously, I will be curious to know how the rest of your department reacts to both the bulletin itself and to your position on the matter.
the search was consensual
Have you heard about the case in Saratoga Springs, NY? I don't agree that anything that happens at a roadside stop is consensual. Was this consensual, or was the guy threatened in any way? Was it consensual or did the police simply claim it was consensual? Is there dash cam video of the guy agreeing?
Originally Posted by alterego
Unless there was a warrant, I question why there was a request for a search. It smells fishy to me.
a bad stop should cause evidence to be throw out...
I think though..that there is a NC code that states that lamps/lights must be in good repair... I will look for it later....
I am not a fan of the website which the article is from
I looked yesterday and couldn't find it. We have one here in the commonwealth called defective equipment. If you have equipment not required by the state such as brake lights, if it's on your vehicle and your driving it it must work. Example fog lights (not required by va stature) if off no harm no foul. However turn them on and one doesn't light up and you can be charged with defective equipment. Most cops here would see that as a chickenshit charge, but .....
So ticket him for a tail lamp being out. No need for a search.
Originally Posted by Maine-Marine
When John Q. Police chief spends the money to stand up, train, and equip a SWAT Team he will want to play with his new toy as often as he can.
Originally Posted by Diver
"In alcohol's defense, I've done some pretty dumb shit while completely sober too"!
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