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Location:Baton Rouge
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Number of Posts:11988
Registered on:9/15/2008
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re: Live PD Thread- A&E - UpToPar
[quote]Try US v. Davis? Police ask to look for a "machine gun." Davis says "sure, come look for a machine gun." No machine guns were found, but other guns were. Davis, a convicted felon, was found to be in possession of contraband beyond what agents asked to look for. A district court suppressed the...
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re: Live PD Thread- A&E - UpToPar
[quote]In the case previously citied police asked to search for drugs and seized legal documents. Way different scenario.[/quote] Show me where the court limited its opinion to only situations where the cops lied about looking for illegal items and found "legal" items. ...
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re: Live PD Thread- A&E - UpToPar
[quote]It was challenged, as I said. At least twice. Motions were filed but I was never subpoenaed for them (we were rarely subpoenaed for any motions, honestly). [/quote] And you've still yet to cite a single case stating that lying to gain consent is valid. [quote] Think about what you're p...
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re: Live PD Thread- A&E - UpToPar
[quote]Not my problem. Their problem. [/quote] It's your problem if it wasn't given freely, and courts have found that when a cop lies about what he is searching for the consent isn't freely given....
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re: Live PD Thread- A&E - UpToPar
[quote]Finding illegal items during a search that is [b]freely[/b] consented to is another ballgame.[/quote] There's your problem....
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re: Live PD Thread- A&E - UpToPar
That case is about an interrogation. Interrogations are a different animal, although similar rules apply. [quote]Maybe it's tricky, but it's certainly not illegal.[/quote] As I said before, a halfway competent lawyer would get any evidence found during your searches thrown out every time....
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re: Live PD Thread- A&E - UpToPar
[quote]But see, lying to gain entry into a home would be harmful to an otherwise innocent person. [/quote] You still haven't cited to a case stating that this is the standard. [quote]A person already detained and/or lawfully stopped and being investigated for something is a different story.[/q...
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re: Live PD Thread- A&E - UpToPar
Your findlaw link talks about interrogations. It says nothing about deception to obtain consent to search....
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re: Live PD Thread- A&E - UpToPar
[quote]I wouldn't begin to know how to link to municipal cases from a decade ago. [/quote] Why are you trying to link a municipal case? You said SCOTUS has decided the issue twice....
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re: Live PD Thread- A&E - UpToPar
Here's a few clips: [quote]In an earlier 9th Circuit case, the court disapproved of the entry of federal agents into a home that was accomplished with the assistance of local police officers. The local officers requested to enter to investigate a fictitious burglary. The officers used this ruse i...
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re: Live PD Thread- A&E - UpToPar
[quote]Their 4th Amendment was waived (through coercion), but not violated. [/quote] FIFY. A decent lawyer is getting any evidence found after your coercion every time. Fortunately for you, the people you are lying to likely can't afford a decent lawyer. This is why people don't trust the just...
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re: Live PD Thread- A&E - UpToPar
[quote]SCOTUS says police can lie if an otherwise lawful individual wouldn't be harmed. It was challenged at least twice that I can remember, and neither time was it considered unlawful. [/quote] Link to both cases please?...
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re: Live PD Thread- A&E - UpToPar
[quote]Or one could, you know, refuse to give consent. [/quote] Funny, they always ask for the driver to be honest with them and tell them if there's anything in the car, but they are quick to lie through their teeth to obtain consent to search....
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re: Yellow Lab attacked by neighbor in BR - UpToPar
I have a feeling we aren't getting the full story here....
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re: Live PD Thread- A&E - UpToPar
Ol baw made out like a bandit....
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re: Live PD Thread- A&E - UpToPar
[quote]No shit? I haven't been in LE since 2010, so I'm a little rusty.[/quote] [link=(https://www.supremecourt.gov/opinions/15pdf/14-1468_8n59.pdf)]LINK[/link] [quote]The Fourth Amendment permits warrantless breath tests inci- dent to arrests for drunk driving but not warrantless blood te...
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re: Live PD Thread- A&E - UpToPar
[quote]Depends on the state, too. Some states do not require a warrant. Arrestees get a choice of blood or breath, and refusal will get you strapped down and blood forcefully pulled. Warrant or court order is not always necessary.[/quote] SCOTUS said you need a warrant for blood last year....
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re: Live PD Thread- A&E - UpToPar
Cop feeling out the relationship....
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re: Live PD Thread- A&E - UpToPar
Dude should have dropped trou right there....
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re: LIVE-PD (Oh Shit?) - UpToPar
White pants could get it....
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