A Court rules the government can

[Greenday]

I'm more likely to defend cops than almost every person on the board. I work for the Government. I plan on working in a crime lab at some point (if this economy ever stops plummeting and states end hiring freezes). I don't fear cops like most people seem to. I don't hate the average cop.

I'm just pointing out how easy this law makes it for that one asshole cop in a department to abuse his powers.

[Mikkel]

Quis custodiet ipsos custodes? I believe that there should be some kind of safeguard when people get powers which can be abused. I hope most policemen never abuse their powers, but we all know, I suppose, examples of less than perfect cops. At least they should have to get permission from court, secretly perhaps?

[Greenday]

At least they should have to get permission from court, secretly perhaps?

That'd be called "getting a warrant".

[blas87]

Think of how many people are completely unaware of their rights.

If the cops don't have a warrant, they cannot enter your house. You do not have to even answer the door, much less let them in. Yet so many people get themselves in doggiedoo because they think they have to let them in because it'd be hiding something if they don't. Same applies with being in a car. No probable cause (and I mean, beyond "Oh, he had a tail light out") or warrant, get the hell out of here, write me my warning, let me go.

[Talon]

I'm more likely to defend cops than almost every person on the board. I'm just pointing out how easy this law makes it for that one asshole cop in a department to abuse his powers.

Which is all the more reason to oppose this ruling. All it takes is one asshole cop to taint ALL cops in the eyes of the public.

[Greenday]

Which is all the more reason to oppose this ruling. All it takes is one asshole cop to taint ALL cops in the eyes of the public.

If a cop has a legit reason for putting a GPS on a suspect's car, I don't see why it's such a big deal to just get a warrant.

[draggar]

Think of how many people are completely unaware of their rights.

If the cops don't have a warrant, they cannot enter your house. You do not have to even answer the door, much less let them in. Yet so many people get themselves in doggiedoo because they think they have to let them in because it'd be hiding something if they don't. Same applies with being in a car. No probable cause (and I mean, beyond "Oh, he had a tail light out") or warrant, get the hell out of here, write me my warning, let me go.

Are you sure? They don't need a warrant to search you and items "on your person" (meaning on you (pockets etc..) or within reach. Within reach can be in the same room or in your car.

Besides, they can detain you and wait for a warrant if you say no.

[blas87]

Good on them. They can wait for my lawyer to show up before I'll even talk to them.

And they can look like the big asses that they are when they find nothing.

[Bronzebow]

Are you sure? They don't need a warrant to search you and items "on your person" (meaning on you (pockets etc..) or within reach. Within reach can be in the same room or in your car.

Besides, they can detain you and wait for a warrant if you say no.

Are you sure about the former? It goes against what I've heard from other sources, that in most situations the police must be given consent to search you or your car. Though not telling/asking the cop to *stop* can be considered consent, locking your car door behind you is a pretty clear sign that they don't have it. Not to say a drug sniffing dog can't be given a trigger to signal a false positive if they really must get in your car right then and there.

I'm fine with waiting for a warrant. That means that proper procedures are being followed. If they can convince a judge somewhere that they need to do whatever they're trying to do, then that's just how it works. The alternative is being booked on whatever made up charge the police so desire at the moment + "resisting arrest". You can't beat the ride, after all.

[Mikkel]

That'd be called "getting a warrant".

Right, I just couldn't remember . Thanks.

[blas87]

And technically, if it's not your car, they can't search it until they have permission from the owner (say you're a teen and the car is in your mom's name, or like my cars were in my dad's name until recent years).

[Jack]

A pat-down (Terry search) is legal without a warrant but further search of the person needs consent or a warrant (this means "pockets" too). IIRC.

[Plaidman]

A pat-down (Terry search) is legal without a warrant but further search of the person needs consent or a warrant (this means "pockets" too). IIRC.

Nope. They are perfectly allowed to search pockets without your permission o warrant. This is to protect them, incase you have a knife or gun on you.

[blas87]

If you're a female, you can refuse a search until a female officer gets there.

It all really depends on how much times the cops have to waste, I mean, wait. They wanted to search my car because I blew a stop sign. It was in my Dad's car. Knowing my rights, I said "Well, this car is registered to my Dad, you better call him and ask him if it's ok, in fact I'm sure he'd rather be here while you do it". And they dropped it. They already knew it was my dad's car, because they already accused me of stealing the car because it wasn't registered to me. Yeah, I think a lot of cops are bored and just trying to find people who don't know how to legally protect themselves.

[crashhelmet]

Untuil you've had to deal with an asshole cop, you have no idea what this ruling can mean. As others have said, asshole cops can find any excuse they want to pull you over, make you leave wherever you are, and otherwise ruin your night, if not your life.

As others have said, you can fight charges and win, but it still costs you something. Time, money, dignity, reputation. Innocent until proven guilty is a fantasy. Anyone that's ever had to defend themselves can attest for that.

it doesn't even have to be an asshole cop. You could be as unfortunate as that 7 year old kid that shares a name with someone on the no fly list. now you've got your phones tapped and a GPS on your car, trailing you everywhere you go because you have the same name as someone else.

Your commute to and from work takes you through a known drug dealing / prostitution area? Who cares if they're traffic lights, I've got evidence that you stop repeatedly in this area for minutes at a time. You MUST be doing something illegal.

CH