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Old January 14, 2011, 03:21 PM   #101
zukiphile
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Quote:
Originally Posted by hotdogs
I take issue with the term Probable Cause. As I interpret it (And I may be wrong) is that a neighbor with an axe to grind, could make false claims against me to law enforcement.
Your post reads more as if you recognise the possibility that PC can be fabricated. You cannot construct a legal framework that is absolutely immune from people being less than truthful. In your example, your neighbor may not even have been intentionally deceptive.
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Old January 14, 2011, 03:51 PM   #102
hogdogs
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zuki, In my case I am pretty sure the neighbor was just thinkin' they knew more than was actual knowledge. He was a corrections officer in the county jail but when you learn more about him, you find he was in clerical work at the jail due to numerous right ups and finally a demotion.

But I would agree that you got it pretty accurate... I don't think it is often the officers fabrication PC so much as civilians with a sand spur in their drawers... and then there are the estranged spouses SO's.

Brent
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Old January 14, 2011, 04:45 PM   #103
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Brent, there are obviously ways to make false claims, lie, whatever. I have had a couple situations where I found out that a false claim was made maliciously. I submitted arrest warrants to the court for filing a false report. 2 were signed, 1 was not. I pursue someone making a false complaint as far as I can. Does his happen often? No, not in my 15 years. Can it happen? Sure.
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Old January 14, 2011, 04:49 PM   #104
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some colleges might call campus police campus security and vice versa. Even if I am wrong on that point, you want me to believe that campus security can just come into my place for whatever reason(without probable cause for this example) and start rummaging thru my stuff because they heard from my town police in the next state over I liked to party, deal pot, bad mouth the cops, etc? Sorry, I am not buying that.

It's not your place, it's the college's place. You just happen to live there for the semester. And yes, they can come in and search, if they are not agents of the government (cops), or acting by direction from agents of the government.

Now, if you rent an apartment off campus, and it's your place, and not the college's, then all the regular rules apply.
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Old January 14, 2011, 07:00 PM   #105
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well there is where we disagree. even some signed form doesn't supercede federal law. When you live at college you do have rights even though its on a college campus. I witnessed it at least 3 or 4 times(some mentioned above) while I was a student.
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Old January 14, 2011, 07:59 PM   #106
Conn. Trooper
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Maybe I am confused by what you are saying. College cops have to abide by all the rules and regs. College security do not. All the search and seizure rules in the world only apply to agents of the government (cops, not security). If your college has cops, they must follow the "rules". If they have security all bets are off. The fourth amendment only applies to actions taken by agents of the gov't and those acting on their behalf, not private security.
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Old January 15, 2011, 08:29 AM   #107
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Sir I am not buying it. Just because someone is security and not an agent of the government, that does not mean they have the right to come into someone's place of abode. And that isn't just for colleges, but college "security" cannot just come into someone's dorm room, student apt on campus or wherever and look around. That is their 'home'!!
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Old January 15, 2011, 03:34 PM   #108
Conn. Trooper
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Good luck with that. It's their house, they own it, and you are just staying there for the moment. You chose to live in their house, nobody forced you. By their house, I mean the college.

Your own apartment, house, shack, chicken coop,mansion, different story.
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Old January 15, 2011, 06:30 PM   #109
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Trooper is right. I'm not too many years out of college and security could search dorm rooms if they wanted to. Just the same as an RA can come in and look through your room if they suspect something. You sign away the right to privacy as part of the dorm contract.
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Old January 15, 2011, 07:56 PM   #110
MLeake
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Depends on where you went to school, younggunz...

If in Florida, all the state schools (UF, FSU, UCF, USF,etc) employ university police who have the same authority (and limitations) as state troopers. They are cops, and are bound by the rules you are talking about.

OTOH, if you attended a private school (Rollins, Flagler, etc) you probably had school security.

Not the same.
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Old January 26, 2011, 12:06 PM   #111
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Quote:
Thats the problem with the latest generation of cops, so many seem to want to treat everyone as a victim or a criminal.
Especially small town cops. I stopped in a small town in Texas late one night last summer to check my coolant levels (had overheating problems earlier). Next thing you know, this "cop" pulled up behind me, turned on his lights, and wanted to not only search my vehicle, but also get a K9 unit out there.

A DPS officer pulled up, gave me a sobriety test (I hadn't drank in weeks), then pretty much told me the cop was an idiot and told him to leave me alone.

Since then I've learned to avoid stopping in small towns for any reason.
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