Truebeliever
6.5 Creedmoor
Yep. It would . And it would allow the officer to seize the box to get a warrant to open it.Are you claiming that such a container in plain view would justify a search of the car for a gun ?
Yep. It would . And it would allow the officer to seize the box to get a warrant to open it.Are you claiming that such a container in plain view would justify a search of the car for a gun ?
We shouldn't accept that.The “ trust the gut” of a reasonable person with his experience and training is the standard .
Then we really need to fix that.Yep. It would . And it would allow the officer to seize the box to get a warrant to open it.
It was changed. At one time, the police didn’t need a warrant at allThen we really need to fix that.
It absolutely should not.
Based on the reasoning that most people with a gun case are in illegal possession of one?Yep. It would . And it would allow the officer to seize the box to get a warrant to open it.
Not changed enough.It was changed. At one time, the police didn’t need a warrant at all
Faulty gut? That’s why the officer has to explain it in court later. If he didn’t have probable cause, the evidence would be suppressed and case dismissed.We shouldn't accept that.
Too many people with faulty guts. Like the department I linked above.
Guys who think they're infallible at identifying impaired people, because they have a 100% accuracy rating, because they define everyone they identify as guilty.
The circular reasoning is blatant.
Jail for a night or two isn’t a big deal. I will shut up and let a lawyer handle it. Silence won’t ever hurt you long term.It depends on what happened. Two people get into altercation with injuries.The police show up. One person decides to remain silent, the other person tells his side and how the other guy started it. Who do you think the police are going to arrest even if the guy who is talking actually started it. One goes to jail, has a court case and the other is seen as the victim.
That’s just one example.
And the poor guy who got dragged through all this, not so much as a "sorry for wasting your time" ?Faulty gut? That’s why the officer has to explain it in court later. If he didn’t have probable cause, the evidence would be suppressed and case dismissed.
Not really. You might have a court case where the other party doesn’t.Jail for a night or two isn’t a big deal. I will shut up and let a lawyer handle it. Silence won’t ever hurt you long term.
Not really. Was the item in the box? Was it illegal?And the poor guy who got dragged through all this, not so much as a "sorry for wasting your time" ?
If they get their warrant and open the case and find it filled with grandma's cookies, the department should have to compensate the poor guy for his time.
"If he'd just waived his rights he would have been on his way" is *not* an excuse. *Nobody* should have to waive their rights just to go about their day.
Look, the visible gun case example we started with is a non issue in nearly the entire rest of the country. There's no excuse to even care in NY.
You guys should be ashamed of yourselves for even attempting to enforce NY's BS.
You were most likely taught silence equals guilt. I was taught silence equals smart. I will take the lawyer route every time. At least they passed the bar. There are a ton of shit lawyers but I will take their advice over that of a cop every time. Shutting your mouth is never a bad move.Not really. You might have a court case where the other party doesn’t.
You ever look wonder why people go to jail or prison despite an alibi? You stay silent. Proof of your alibi might be disappearing as you remain silent such as security cam footage. The cops don’t know your alibi because you chose to be silent.
To talk or not , depends on the circumstances of the case.
You were most likely taught silence equals guilt. I was taught silence equals smart. I will take the lawyer route every time. At least they passed the bar. There are a ton of shit lawyers but I will take their advice over that of a cop every time. Shutting your mouth is never a bad move.
Only if the illegal thing in the box was the illegal thing the cop thought was in the box.Not really. Was the item in the box? Was it illegal?
Then the cop reasoning was correct.
There are a lot of factors involved.
Silence doesn’t equal guilt but if only one side is talking or the person isn’t saying what their alibi is, then that’s on them.You were most likely taught silence equals guilt. I was taught silence equals smart. I will take the lawyer route every time. At least they passed the bar. There are a ton of shit lawyers but I will take their advice over that of a cop every time. Shutting your mouth is never a bad move.
The probable cause will be decided on by a judge. I’m telling you how it works . You don’t have to agree with it.Only if the illegal thing in the box was the illegal thing the cop thought was in the box.
If he says it's an illegal gun in there and opens it up to find meth, then his reasoning was faulty.
But, lets say the box is empty.
So, the poor guy doing nothing wrong got jerked around for probably hours, and doesn't get so much as a sorry for wasting your time.
Guy should get paid for his time.
And yep, that means a whole bunch of people are going to go out fishing for a paycheck doing that.
But I bet it makes the cops get a whole lot better at deciding what's really probable cause and what isn't.
I think you guys call that a sting operation or something ?
I'm not disputing that that's how it works.The probable cause will be decided on by a judge. I’m telling you how it works . You don’t have to agree with it.
How would you get evidence? Use an example that you aren’t emotionally attached to.I'm not disputing that that's how it works.
I think we can all agree that what we have now doesn't work very well at all.
I think the people should absolutely demand we change how it works.
By establishing first that a crime was committed and not randomly searching for evidence in the hope you find a crime ?How would you get evidence? Use an example that you aren’t emotionally attached to.
How do you think most crimes get solved? Proactive policing. Joel Ritkin,Tim McVey etc etc.By establishing first that a crime was committed and not randomly searching for evidence in the hope you find a crime ?
If you have to go hunting for it, it probably shouldn't be a crime to begin with.
And if you took some of the guys that spend all day pulling people over for broken tail lights as an excuse to look for something more, and you put them on looking for real evidence for real crimes, maybe 50% of the murders in this country wouldn't go unsolved.
Maybe I'm crazy, but I really hope you guys have a better strategy than just blindly searching everyone you can get a vague justification for in the hope that you stumble on evidence of a serious crime.
You are crazy if you think that works. It is that cop who is proactive that solves cases. It just is. It is the small things that lead to the bigger things.By establishing first that a crime was committed and not randomly searching for evidence in the hope you find a crime ?
If you have to go hunting for it, it probably shouldn't be a crime to begin with.
And if you took some of the guys that spend all day pulling people over for broken tail lights as an excuse to look for something more, and you put them on looking for real evidence for real crimes, maybe 50% of the murders in this country wouldn't go unsolved.
Maybe I'm crazy, but I really hope you guys have a better strategy than just blindly searching everyone you can get a vague justification for in the hope that you stumble on evidence of a serious crime.
If you pull over a 100 guys for a tail light and hope to find a murderer or terrorist in the bunch, then that's blindly searching.You are crazy if you think that works. It is that cop who is proactive that solves cases. It just is. It is the small things that lead to the bigger things.
The theory of having the police concentrate on the bigger things style of policing has been a failure every time that is tried.
And it’s not blindly searching. It’s a articulable suspicion that has to rise to the level of probable cause to search the car.
News flash.You are crazy if you think that works. It is that cop who is proactive that solves cases. It just is. It is the small things that lead to the bigger things.
The theory of having the police concentrate on the bigger things style of policing has been a failure every time that is tried.
And it’s not blindly searching. It’s a articulable suspicion that has to rise to the level of probable cause to search the car.
Does a Yeti cooler contain a an actual Yeti?So if the officer sees an Springfield XD plastic box with a lock on it, it’s not probable that there is a gun in it? Get real.
So if the officer sees an Springfield XD plastic box with a lock on it, it’s not probable that there is a gun in it? Get real.
I know plenty of people with gun branded junk that don't own guns
Clone this man a thousand times over.some need to watch this video .. and get some perspective 1:38 mark