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srpbaer 02-23-2003 11:27 AM

Hey, ever notice not one mention of a lawyer being present to any of these ill-advised searches....Out of all the so called "legal experts" that have posted not one has mentioned the right of the driver to have his lawyer present for these searches. Troutly, no harm intended here but what did the cop that stoped the boat tower detect that gave him the right to detain this citizen for 25 minutes...After ten, I call a halt to the search by saying I did not understand the question and request my lawer present now. I then understand I will probably end up "downtown" and that is fine because now the fun begins.....I want the "shift commander" here as well as my lawyer. Then after the officer has finished his games, I ask him how much civil ins he has because he is going to need it. Now, folks let's all go out to my boat and determine the damages done due to the games.....not to mention the time lost. I then ask the officer to state in front of his shift commander the facts that led to his PS claim....I then ask for the editor of the local newspaper. I then ask for the Sheriff or Captain to be called and attend this little meeting the officer has called to order. Now who is playing the games?...Now who is pissed off?..Get my drift
As a former law officer in Miami, Fla, I can tell you I never searched a vehicle unless I knew damn well I would come up with something to justify my actions.
Just my .02 worth

Steve_H 02-23-2003 12:11 PM

srpbaer , your point of view is very refreshing especially coming from a former officer. sounds to me like you put the "citizens rights first" as opposed to the officers "legal or ilegal right to hassle".

one thing i forgot to mention in my original post was the cop seamed disapointed that he couldnt nail me for something.

one thing i know for sure , i could never be a cop.
cuddos to those that do it right.

srpbaer 02-23-2003 05:26 PM

Lotoparty,
Thanks for your comments...I hate to sound so negative, but the influx of young "john Law" types generally pull this bull sh$t. They forget who pays their salary, and just what their purpose is . As I see it, it is to be of assistance and help to the general public and to protect the folks from the bad guys...Yes, it is to inforce the laws, but damn guys it takes some common sense to know when someone is a bad guy...Sure all should obey the laws and never endanger another's life. Now i will say this...the mentally of a large city law enforcement agency is very simple. Don't go out and stop citizens for what you may suspect to be a minor traffice violation unless it put someones life in danger. The reason is very simple.....It will delay your response time should a serious crime take place....IF you do make a traffic stop for some bull sh$t reason, keep it brief, to the point, and get on with being in a position to respond to a real crime. Bordom is a big issue with the other law enforcement agencies. Hense you have the idots who want to harrass the general public. What the public does't realize is they have the right to request...no DEMAND the shift commander respond to the scene and be available to answer any questions asked. Same goes for an legal person should the officer's request indicate he suspects a serious violation has been committed. Officers hate this because most have their heads when they don't need to be...out of being bored. My old shift commander would always ask me several guestions before any search would take place...Remember illegal search and seisure laws are very complex. More than half of the on site searches are done illegally in this country.
You should most diffently write the law agency and request a written accounting of this officer's observations that led to this search. I would also demand to see this officer's performance record. I promise you will get some results.
Be Good..:crazy: :frog: :D :D

blackhawk 02-23-2003 07:06 PM

The problem is people in law enforcement are just that, people. I know some cops that are great guys and very cool and I know a couple that were picked on a little too much in high school and now have something to prove. A few EGOMANIAC cops spoil it in my opinion.

And Padraig I am with you. No way in hell you're searching my s**t. I had a cop ask me once and i said no, he got all pissy and asked why. I said because it is mine! :)

blackhawk 02-23-2003 10:21 PM

Either that, or he got picked on too much in high school! :D

Wardey 02-23-2003 10:59 PM

Good reply, Trout.....I got your back !!! Wardey


P.S.
On my post: A Go-Fast hooked to a Blow-Boat, I was already marked...:D :D :D

Vern 02-23-2003 11:41 PM

Ditto on what Troutly said for Michigan. We are the fourth largest Sheriff's Office in Michigan, and you won't have a job very long if you sit around waiting to take the next call.

Vern

BattleCry 02-24-2003 12:03 AM

I was under the assumption that the saying went "to protect and to serve" not "to protect, to serve, and to ticket". :D

srpbaer 02-25-2003 06:03 PM

Troutly, My reply was not directed at you , but let me explain what i really said compared to what you want it to say...First we dont sit around and wait for the call, we basicly were always "holding" calls. I beg to differer as to your statement as to the fact that the suspect has no right for his lawyer to be at the scene...Read your constitution...you know the sentence that says we have the right to legal representation...that means at the suspects descrection...not yours or mine...I will tell you this if I am at your city and I request a shift cammander and he does not come, I will promise you and he a problem...Again, who pays your salary?. The wait may be a long one but I have the time if I feel I am being treated in a questionable fashion. Anytime a search is conducted, there must be a stateable, justifiable reason that can be verbalized when requested. I can't ask this to the officer but I can request the shift commander to rule on the reason given. Incidently, my wife is a lawyer and will gladly help you learn the legal rights of the citizens of the USA, based on the constitution and applies to all states. The one common event I saw on a routine basis was the real "heavy hitters" in our city was to request their lawyer to come to the scene and believe me you can not stop that action. Ever tried to interview a suspect once at the station without his lawyer AFTER he has requested one..I surely hope not. It's call inadmissable in court in case that helps you.
Again, I have no problem with you or the way you wish to do your job. It is just very risky to make a call based on what is apparently limited experience.
As to my leaving the department, I did so after deciding to leave the criminal element of Fl to someone else. I moved to tennessee and went into business and have done that every since. I actually would hate the thought of getting back in that business with the laws of our great land so hard to follow. As you know the laws are for the crooks, not folks like us. One small screw up and you lost all that you worked for. Seventeen years was enought for me. I lost three partners and saw countless kids raped in the public school system...I saw people killed over candy bars...Enough was enough. I leave you with one thought...not everyone that walks the streets, drives cars, or does not wear a uniform is a bad guy. Always give the citizen the benefit of the doubt. When you use this approach, it will be easier to spot the real bad guy.
Be careful out there!!!

Tinkerer 02-25-2003 08:24 PM

NICE REPLY


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