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January 4, 2011, 07:17 PM | #51 | ||
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1)
Quote:
2) Quote:
if a cop finds a Huge bundle of cocaine, ecstasy pills, joints, etc in a small sock drawer in a bedroom next to the room where the computer is where the warrant is specifically for(specifically for files, downloads literally on the computer). That evidence can be supressed(again, with a lawyer that actually gives a d*&n.
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January 4, 2011, 08:45 PM | #52 |
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that deputy deserves a cigar and had maybe just gotten out of the academy. kidding - but those deputies did the right thing which isn't always the case obviously. they might easily get away with it too when it is an illegal search if the evidence isn't supressed, you don't have a lot of money for a lawyer, are from a bad area, etc etc etc)
if a cop finds a Huge bundle of cocaine, ecstasy pills, joints, etc in a small sock drawer in a bedroom next to the room where the computer is where the warrant is specifically for(specifically for files, downloads literally on the computer). That evidence can be supressed(again, with a lawyer that actually gives a d*&n. Um, no they didn't do the right thing. If they lawfully saw stolen goods, while executing a valid search warrant, then they should have gotten a new warrant and seized those items and returned them to the rightful owner. If they found them in an unlawful manner, shame on them. Warrants are very specific as to where you can search and enter. If they were legally executing a warrant and the items were in plain view where they were lawfully serving the warrant, it's fair game. Maybe I am reading this situation wrong. |
January 4, 2011, 09:08 PM | #53 |
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you didnt read it wrong. my bad. I jumped the gun with the fact that the deputies used caution instead of being rash, yet I over-read some of the content while noticing that. seeing drugs in plain view though is different than seeing stolen items. depending on how obvious it was that the items were stolen. if the stolen items are in plain view they are fair game
as for my 2nd quoted paragraph above: I stand by that. drugs hidden in a desk drawer in a different room during a computer files warrant would be evidence from an illegal search and could be supressed.
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January 5, 2011, 05:56 AM | #54 |
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The reason I was able to talk to one of the deputies was because some of those stolen goods that they saw, were mine. Long story, for another day. And, I never got them back. Officers wanted the man and didn't care about anything else. They'd been trying to lock him up for years.
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January 6, 2011, 08:36 AM | #55 | |
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Quote:
The reason I ask if the sweep is performed as I stated would the warrant have to match what YOU sweep?
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January 6, 2011, 09:58 AM | #56 |
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Securing a scene would be checking every place a person could be. Reasonably be. Large trunk, I guess maybe. Closet? Sure. You are securing the scene for people, not looking for evidence.
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January 6, 2011, 12:11 PM | #57 |
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Thanks Conn. Trooper for your honest response.
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January 6, 2011, 01:49 PM | #58 |
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Conn.tropper,
This is some of the video from the female in the house. !. We have very few facts about what went down prior to the 10-88 call other than some blood and broken property, and bleeding LEO's 2. Shooting a weapon in a public place like in this incident is criminal. Sorry I have no sympathy for someone that ignorant. and his wife/Lawyer should have counciled him better. 3. There is nothing wrong with the LEO,s asking permition to enter and nothing wrong with the resident refusing. 4. At this stage of the incident the weapon (bow & Arrows) will need to be seized as evidence and going on a donut break would have been bad form. So they were waiting for a warrant. They didn't do a safety sweep but seemed to have it in mind but apparently decided to wait. The whole situation went South and that happens for all too many reasons but 1st of all because someone was doing something wrong/stupid-wrong. And we do not have access to the information the LEO's would have as to the history of this residence to help them in making decisions. I for one thank Conn. Trooper for his insights especially when they were more hypothetical of the given situation. Greg
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January 6, 2011, 02:35 PM | #59 |
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After viewing the video I shall refrain from giving my opinion because doing so shall keep me a member of TFL.
To all have a wonderful day.
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January 6, 2011, 05:16 PM | #60 |
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Would someone care to summarize all the points of the OP?
I'm asking, because this thread really hasn't looked at what the law is about, in the context of the OP, nor is there any real mention of a civil rights issue. So please, somebody summarize the facts and issues. |
January 6, 2011, 08:17 PM | #61 |
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The issues presented were:
Last edited by gc70; January 6, 2011 at 08:28 PM. |
January 6, 2011, 10:19 PM | #62 |
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The residence became part of the crime scene once the cross bow was moved there. In order to protect the evidence, she would be denied access until a warrant is obtained. If she had not said anything, there would be no probable cause for the warrant. Succinctly, mouth in motion before brain in gear.
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January 6, 2011, 10:25 PM | #63 |
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TJH, you brought up a good point. She did a lot of talking! Many of the LE realized pretty quick it was like a broken record and they didn't want to cross that bridge(especially with the camera), but she did a lot of talking when they kept pressing on.
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January 6, 2011, 10:52 PM | #64 | |||
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Link to part 1 video.
Al Norris Quote:
Quote:
Quote:
There may be a little terminology issue here and the word secure could have been used in place of seize. But then I do not think it is a crime for a LEO to falsely say something even though It would be for a citizen. And I have found nothing but scuttlebutt as to this being a "Cross Bow". That is why I only refereed to the weapon as a Bow & Arrows" (and this is from the news media).
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January 6, 2011, 11:18 PM | #65 | |
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Quote:
"One man is in custody after police say he got into a scuffle with two officers who were investigating a report that he was illegally shooting a crossbow in city limits." |
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January 6, 2011, 11:30 PM | #66 |
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Sometimes surprising things in plain sight constitute evidence during a search.
Lincoln JournalStar article, December 29, 2010: "Police also cited Grana and Shaw on suspicion of misdemeanor child abuse. A 4-year-old girl was home at the time of the incident, Flood said, and the house was heated only by two space heaters. The only food inside, she said, was an uncooked bowl of rice, dried beans and leftover chicken bones." |
January 6, 2011, 11:52 PM | #67 | |
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January 7, 2011, 01:21 PM | #68 | |
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gc70;
Quote:
Another reporter flapping his/her jaw.
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January 7, 2011, 01:34 PM | #69 | |
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Quote:
Feel free to share how you are channeling 'the truth' about this incident. |
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January 7, 2011, 02:20 PM | #70 |
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Honestly, it doesn't appear that the Officers did anything wrong. Bottom line- if he gave up his ID and denied it there might've been nothing else to do but either site him or verbally warn him. When you're guilty of something, sometimes its just hard for people to say: "Thats my story and I am sticking to it".
Of course there is no denying that a history with police and/or especially the same police dept can make things escalate real quick. I always liked how Certain officers could come into a very high, emotional situation very low key and then the perp and officer can balance+meet in the middle. It is actually a very effective approach. It doesn't look like it happened here, but you can't fault the officers. Looks like they just gave him the battery on a police officer instead of the bow unless that was a seperate citation and non-criminal. I sort of feel bad for the guy because he stepped in it pretty good. I wonder how old he was? You just can't fight police, but maybe he can plea saying he was running and injuries were accident.
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January 7, 2011, 05:49 PM | #71 | ||
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Quote:
Sorry but I find the guy guilty of being a ..... well you get the picture. Quote:
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January 7, 2011, 06:29 PM | #72 | ||||
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Quote:
I just get a jolt out of folks that grab on to any scuttlbutte the news media puts out their and take it for the truth. The truth is the law was violated and an emerency call was made for assistance when things went south. But to make a comment on your link of truth, The italics are mine. Quote:
Quote:
Quote:
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January 8, 2011, 04:18 PM | #73 |
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I live in the same place that the police officers I expect to protect me from crime live in.
That makes a decision pretty easy for me. I don't view it as an affront to my Constitutional rights to simply work through a situation with common decency and respect towards those officers. I view it as a victory over the person that called the law in the first place to have the officers leave empty handed and peacefully without arresting anyone. You want to face off with the police that's up to you. I will tell them or bring charges against them or sue them if they ever give me reason too as that is my right but I havent been that lucky,I guess. I've been blessed to deal with police that are decent people just trying to do a job and do it well. The government has'nt tried to bum rush my house and I have'nt given them any reason to. Alot of the unreasonable response from the police comes from the manner the information was given to them about the situation they are responding too. If that information is incomplete or dead wrong,they could be walking into a nightmare. But that's o.k.,they are the police after all,right? |
January 8, 2011, 05:32 PM | #74 | |
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"Yes, Your Honor, that is a correct account of the amount of food in our home. We eat out a lot." |
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January 8, 2011, 05:36 PM | #75 |
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We were headed to the store when the STORM TROOPERS arrived and FUBAR'd our plans!
I reckon I am a bad dad as we only use the one "space heater" located in the living room which burns wood. I have also lived in homes with no heat... Space heaters and blankets broke the chill during the cold snaps. Brent |
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