Started By
Message

re: Live PD Thread- A&E

Posted on 3/25/17 at 11:13 pm to
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23086 posts
Posted on 3/25/17 at 11:13 pm to
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 in order to gain access to the defendant in his own home for the purpose of placing him under arrest without first obtaining an arrest warrant. United States v. Phillips, 497 F.2d 1131 (9th Cir. 1974).


quote:

Lying about what you are searching for is not OK.

quote:

Often times when asked for consent to search, a subject will ask what the officer is searching for. The officer needs to be honest and forthright in answering that question.

LINK
Posted by bconne1
Member since Jun 2006
776 posts
Posted on 3/25/17 at 11:13 pm to
quote:

Spent a few minutes reviewing your posts, you don't troll, in fact most of your posts are mild. why are you here?

You have posted in the live pd before but not like this. I question your motives.

If you are a cop here is this: it takes a stupid frick to catch a stupid frick. That's why they hired you :biatch:
Not an officer anymore. I policed in two states, both in large municipalities with swaths of crime-ridden areas.

I'm not trolling. In fact, I shared a tactic I employed (with stunning results, I should add) in a public, open forum. I could argue that it's a bigger dick move not to share it.

Maybe someone could learn something.

It's you guys who got all twisted because a bunch of losers made some poor choices. I didn't exactly patrol areas full of soccer moms. I worked in high-crime areas.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23086 posts
Posted on 3/25/17 at 11:14 pm to
quote:

I wouldn't begin to know how to link to municipal cases from a decade ago.




Why are you trying to link a municipal case? You said SCOTUS has decided the issue twice.
Posted by bconne1
Member since Jun 2006
776 posts
Posted on 3/25/17 at 11:15 pm to
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 in order to gain access to the defendant in his own home for the purpose of placing him under arrest without first obtaining an arrest warrant. United States v. Phillips, 497 F.2d 1131 (9th Cir. 1974).
But see, lying to gain entry into a home would be harmful to an otherwise innocent person.

A person already detained and/or lawfully stopped and being investigated for something is a different story.
Posted by TFS4E
Washington DC
Member since Nov 2008
14188 posts
Posted on 3/25/17 at 11:15 pm to
quote:

The police are prohibited from using physical or psychological coercion when conducting police interrogations. A confession or evidence that results from coercive tactics is inadmissible at trial.
Posted by Winston Cup
Dallas Cowboys Fan
Member since May 2016
66985 posts
Posted on 3/25/17 at 11:16 pm to
I don't do drugs. Got a speeding ticket last week, wasn't an unpleasant experience. They let me go.

I just have a feeling 300 posts in 10 years is an alter and you are trying to rustle us. Live pd is over. I am out for the night. You should do the same

ETA: we are rustled, you win here is your trophy















This post was edited on 3/25/17 at 11:18 pm
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23086 posts
Posted on 3/25/17 at 11:16 pm to
Your findlaw link talks about interrogations. It says nothing about deception to obtain consent to search.
Posted by BamaChick
Terminus
Member since Dec 2008
21393 posts
Posted on 3/25/17 at 11:17 pm to
You're full of shite.

quote:

The Deceitful Objective
Lying about what you are searching for is not OK.

An individual may limit the scope of any consent given to law enforcement. For example, a person may give consent to officers to search his home, with the exception of a bedroom. A citizen may allow a search of his person, but not his briefcase. In addition, a person giving consent to a search of his home for the sole and express purpose of locating stolen pianos restricts the officers’ search to only those areas large enough to conceal pianos.

Often times when asked for consent to search, a subject will ask what the officer is searching for. The officer needs to be honest and forthright in answering that question. If the officer asks for and receives consent to search a car for drugs, the U.S. Supreme Court has ruled that such consent can extend to containers in the vehicle that could contain the drugs. Florida v. Jimeno, 500 U.S. 248 (1991). But when officers receive consent to search for narcotics and then also search for and seize currency and exchange receipts, insurance policies, loan receipts, and certificates of title to real estate, the officers have misused the limited consent as a license to conduct a general exploratory search. Such unlawful action by government officers or agents raises the issue of the overall voluntariness of the actual consent. United States v. Dichiarinte, 445 F.2d 126 (7th Cir. 1971).


quote:

Recently, the Tenth Circuit Court of Appeals decided a case in favor of a criminal suspect when ATF agents, in an effort to obtain consent to search the residence, lied to the suspect by falsely telling him they were there to search for drugs and bombs when they were searching for illegal firearms.

Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139218 posts
Posted on 3/25/17 at 11:17 pm to
quote:

I didn't exactly patrol areas full of soccer moms. I worked in high-crime areas.

Yet you could still use that same tactic on some white collar aristocrat. We should be cool with it because you use it on the dregs of society?
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23581 posts
Posted on 3/25/17 at 11:19 pm to
quote:

Often times when asked for consent to search, a subject will ask what the officer is searching for.
The officer needs to be honest and forthright in answering that question. If the officer asks for
and receives consent to search a car for drugs, the U.S. Supreme Court has ruled that such
consent can extend to containers in the vehicle that could contain the drugs. Florida v. Jimeno,
500 U.S. 248 (1991). But when officers receive consent to search for narcotics and then also
search for and seize currency and exchange receipts, insurance policies, loan receipts, and
certificates of title to real estate, the officers have misused the limited consent as a license to
conduct a general exploratory search. Such unlawful action by government officers or agents
raises the issue of the overall voluntariness of the actual consent.
United States v. Dichiarinte,
445 F.2d 126 (7th Cir. 1971).

Meaning, you're full of shite.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139218 posts
Posted on 3/25/17 at 11:19 pm to
quote:

But see, lying to gain entry into a home would be harmful to an otherwise innocent person.


How so? In states with a castle doctrine, your car is an extension of your home.
Posted by BamaChick
Terminus
Member since Dec 2008
21393 posts
Posted on 3/25/17 at 11:19 pm to
We all went a Googling.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23086 posts
Posted on 3/25/17 at 11:19 pm to
quote:

But see, lying to gain entry into a home would be harmful to an otherwise innocent person.


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.


Is a person that has been detained and/or lawfully stopped not an "otherwise innocent person"? They haven't been arrested yet, right? If they had been arrested you wouldn't need consent.
Posted by bconne1
Member since Jun 2006
776 posts
Posted on 3/25/17 at 11:21 pm to
quote:

Why are you trying to link a municipal case? You said SCOTUS has decided the issue twice.

Ah, poor communication. My bad.

It was argued in municipal court at least twice in searches that led to arrests that I made. I went back and reread my post, and I can see where it was unclear. My fault.

Maybe this one?

It really is a moot point. No one here can really think that police can't lawfully deceive people, right? Surely that can't be denied.

Maybe it's tricky, but it's certainly not illegal.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23581 posts
Posted on 3/25/17 at 11:21 pm to
quote:

It really is a moot point. No one here can really think that police can't lawfully deceive people, right? Surely that can't be denied.

Me and BamaChick have both done it. Now frick off and stop backtracking.
Posted by bconne1
Member since Jun 2006
776 posts
Posted on 3/25/17 at 11:24 pm to
quote:

But when officers receive consent to search for narcotics and then also search for and seize currency and exchange receipts, insurance policies, loan receipts, and certificates of title to real estate, the officers have misused the limited consent as a license to conduct a general exploratory search
I think the difference is that in your case the officer is asking for consent to search for illegal substances and then seizing legal items to be used for evidence (ownership of currency, receipts, etc. are not themselves contraband).

Finding illegal items during a search that is freely consented to is another ballgame.
Posted by BamaChick
Terminus
Member since Dec 2008
21393 posts
Posted on 3/25/17 at 11:24 pm to
Police CAN lie in certain circumstances but what YOU described - lying about searching for loose gem stones when you are just on a fishing expedition to maybe find something illegal - is NOT one of those circumstances.

If you use some bullshite story about looking for a kidnapped child as a means to search the trunk of my car and find a bag of weed, that's not allowed.

Good thing you aren't an LEO any longer and you made it to retirement without getting in trouble for your bullshite.
Posted by LSUsmartass
Scompton
Member since Sep 2004
82755 posts
Posted on 3/25/17 at 11:25 pm to
They need to drop Mission, Texas...they spend entirely too much time there and you can't understand a fricking thing
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23086 posts
Posted on 3/25/17 at 11:26 pm to
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.


As I said before, a halfway competent lawyer would get any evidence found during your searches thrown out every time.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23086 posts
Posted on 3/25/17 at 11:27 pm to
quote:

Finding illegal items during a search that is freely consented to is another ballgame.


There's your problem.
Jump to page
Page First 10 11 12 13 14
Jump to page
first pageprev pagePage 12 of 14Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram