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  • Locked thread
Sir Tonk
Apr 18, 2006
Young Orc

KomradeX posted:

The Onion plays it straight yet again.

[url]http://www.theonion.com/article/ticketed-motorist-pointing-finger-just-green-light-50913utm_source=Facebook&utm_medium=SocialMarketing&utm_campaign=LinkPreview:1:Default[\url]

It gets better:

http://www.theonion.com/blogpost/do-you-know-why-im-pulling-you-over-being-wildly-a-50916

quote:

Do You Know Why I’m Pulling You Over, Being Wildly Aggressive, And Charging You With Assault Today, Sir?
_________________/

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CheesyDog
Jul 4, 2007

by FactsAreUseless

SedanChair posted:

My barbecue-life exists in a quantum state, at the whim of Schrodinger's Cop.

A minority in a car exists in a state of life until observed by a cop, at which point the trachea is collapsed.

Zwabu
Aug 7, 2006

Here's an article from a guy whose apartment got raided because he left his door open when he fell asleep and the neighbors saw him there and thought he was a squatter. The notable part of the article is the man's talk with the head of the police unit after the incident:

https://www.washingtonpost.com/opin...ml?tid=pm_pop_b

quote:

I got home from the bar and fell into bed soon after Saturday night bled into Sunday morning. I didn’t wake up until three police officers barged into my apartment, barking their presence at my door. They sped down the hallway to my bedroom, their service pistols drawn and leveled at me.

It was just past 9 a.m., and I was still under the covers. The only visible target was my head.

In the shouting and commotion, I felt an instant familiarity. I’d been here before. This was a raid.

I had done this a few dozen times myself, 6,000 miles away from my Alexandria, Va., apartment. As an Army infantryman in Iraq, I’d always been on the trigger side of the weapon. Now that I was on the barrel side, I recalled basic training’s most important firearm rule: Aim only at something you intend to kill.

I had conducted the same kind of raid on suspected bombmakers and high-value insurgents. But the Fairfax County officers in my apartment were aiming their weapons at a target whose rap sheet consisted only of parking tickets and an overdue library book.

My situation was terrifying. Lying facedown in bed, I knew that any move I made could be viewed as a threat. Instinct told me to get up and protect myself. Training told me that if I did, these officers would shoot me dead.

In a panic, I asked the officers what was going on but got no immediate answer. Their tactics were similar to the ones I used to clear rooms during the height of guerilla warfare in Iraq. I could almost admire it — their fluid sweep from the bedroom doorway to the distant corner. They stayed clear of one another’s lines of fire in case they needed to empty their Sig Sauer .40-caliber pistols into me.

They were well-trained, their supervisor later told me. But I knew that means little when adrenaline governs an imminent-danger scenario, real or imagined. Triggers are pulled. Mistakes are made.

I spread my arms out to either side. An officer jumped onto my bed and locked handcuffs onto my wrists. The officers rolled me from side to side, searching my boxers for weapons, then yanked me up to sit on the edge of the bed.

At first, I was stunned. I searched my memory for any incident that would justify a police raid. Then it clicked.

Earlier in the week, the managers of my apartment complex moved me to a model unit while a crew repaired a leak in my dishwasher. But they hadn’t informed my temporary neighbors. So when one resident noticed the door slightly cracked open to what he presumed was an unoccupied apartment, he looked in, saw me sleeping and called the police to report a squatter.

Sitting on the edge of the bed dressed only in underwear, I laughed. The situation was ludicrous and embarrassing. My only mistake had been failing to make sure the apartment door was completely closed before I threw myself into bed the night before.

I told the officers to check my driver’s license, nodding toward my khaki pants on the floor. It showed my address at a unit in the same complex. As the fog of their chaotic entry lifted, the officers realized it had been an unfortunate error. They walked me into the living room and removed the cuffs, though two continued to stand over me as the third contacted management to confirm my story. Once they were satisfied, they left.

When I later visited the Fairfax County police station to gather details about what went wrong, I met the shift commander, Lt. Erik Rhoads. I asked why his officers hadn’t contacted management before they raided the apartment. Why did they classify the incident as a forced entry, when the information they had suggested something innocuous? Why not evaluate the situation before escalating it?

Rhoads defended the procedure, calling the officers’ actions “on point.” It’s not standard to conduct investigations beforehand because that delays the apprehension of suspects, he told me.

I noted that the officers could have sought information from the apartment complex’s security guard that would have resolved the matter without violence. But he played down the importance of such information: “It doesn’t matter whatsoever what was said or not said at the security booth."


This is where Rhoads is wrong. We’ve seen this troubling approach to law enforcement nationwide, in militarized police responses to nonviolent protesters and in fatal police shootings of unarmed citizens. The culture that encourages police officers to engage their weapons before gathering information promotes the mind-set that nothing, including citizen safety, is more important than officers’ personal security. That approach has caused public trust in law enforcement to deteriorate.

... (more at link)

Agrajag
Jan 21, 2006

gat dang thats hot

Zwabu posted:

Here's an article from a guy whose apartment got raided because he left his door open when he fell asleep and the neighbors saw him there and thought he was a squatter. The notable part of the article is the man's talk with the head of the police unit after the incident:

https://www.washingtonpost.com/opin...ml?tid=pm_pop_b

loving wow.

quote:

BoredinVA
3:56 PM EDT
What an idiot he is too drunk when he comes home to close the door while he is in the model apartment sleeping. What a non story. They do not expect officers to respond to a burglary or unlawful entry call and clear an apartment without weapons drawn. Look at the cop killed last week in a traffic stop shot walking up to the car. You idiots have no idea what the job entails.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Agrajag posted:

loving wow.

Haha, loving yeah, goddamn retired vets need to understand the dangers cops face every day. They don't know what it is like having an army out there that hates them and actively tries to kill them.

boner confessor
Apr 25, 2013

by R. Guyovich

Cole posted:

What have I done to give you the opinion that I'm trolling?

That I said police need a reform? So anyone who says that must be a troll?

That I said people should comply with wha an officer says, if for no other reason than to increase their chances of not being killed?

Really? That's a troll?

Am I not allowed to be on your side on this issue without you thinking it's disingenuous and trolling? How do you ever expect people to be on your side if you literally don't let them?

Phone posting so I edited this on accident.

people are giving you the benefit of the doubt and assuming that you are posting badly on purpose, when you try to rebut an argument that nobody made (it's ok and expected to be rude to cops), and posting badly on purpose is one way to troll

the fault in this assumption is that people often don't recognize you are one of if not the stupidest posters on this forum, and that you often blunder into bad posts through sheer mental deficiency

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
StoryCorps did an animated account of a guy who almost got killed by the cops.

https://www.youtube.com/watch?v=Vep6DmMvLUQ

All three cops were cleared but the city paid out over $750,000. Two of the cops were later fired for lying on different police reports, one of them involving another beating.

http://www.denverpost.com/ci_22964319/review-clears-3-denver-police-officers-2009-beating

Agrajag
Jan 21, 2006

gat dang thats hot
Lying on their own police reports should be an automatic firing offence.

Internet Explorer
Jun 1, 2005





Agrajag posted:

Lying on their own police reports should be an automatic firing offence.

And locked up for perjury since those are almost certainly going to be court record?

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Agrajag posted:

Lying on their own police reports should be an automatic firing offence.

One of the fired officers was later reinstated.

Open Marriage Night
Sep 18, 2009

"Do you want to talk to a spider, Peter?"


Is there a thread for Sandra Bland? I'd like to read some more about it.

Agrajag
Jan 21, 2006

gat dang thats hot
A cop that lies on a police report can have a drastic impact on a person's life, often ruining a person's life socially and financially, that it's a wonder why it really isn't seen as something really offensive by more people. It really seems that these acts always get forgotten after a light slap on the wrist, if it even goes as far as that.

Dead Reckoning
Sep 13, 2011

Agrajag posted:

A cop that lies on a police report can have a drastic impact on a person's life, often ruining a person's life socially and financially, that it's a wonder why it really isn't seen as something really offensive by more people. It really seems that these acts always get forgotten after a light slap on the wrist, if it even goes as far as that.
Not necessarily. If an officer says he was on patrol in the western district when he got the call but was actually sleeping in his cruiser behind the donut shack, I don't think it's going to ruin anyone's life. He should still be disciplined, and fired if there are repeated infractions, but I think mandatory minimum punishments for anything are almost always counterproductive.

Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.
,I mean not responding to a call could be a pretty big deal

Dead Reckoning
Sep 13, 2011

Dexo posted:

,I mean not responding to a call could be a pretty big deal

I meant the officer responded but lied about what he was doing beforehand. Point is, there are different degrees of lying that merit different degrees of punishment. Something like planting evidence would obviously merit criminal charges.

LeJackal
Apr 5, 2011

Dead Reckoning posted:

I meant the officer responded but lied about what he was doing beforehand. Point is, there are different degrees of lying that merit different degrees of punishment. Something like planting evidence would obviously merit criminal charges.

Not when it comes to being a public servant who can, with a word, condemn citizens to death.

Honesty is a binary thing with cops.

VitalSigns
Sep 3, 2011

I'm fine letting dishonest cops slide on their police reports if we abandon the court's presumption that a cop is telling the truth.

Trabisnikof
Dec 24, 2005

Dead Reckoning posted:

I meant the officer responded but lied about what he was doing beforehand. Point is, there are different degrees of lying that merit different degrees of punishment. Something like planting evidence would obviously merit criminal charges.

In most states lying to police is a crime, why shouldn't criminals who commit that crime not be prosecuted just because they lied to their supervisor too?

Devor
Nov 30, 2004
Lurking more.

VitalSigns posted:

I'm fine letting dishonest cops slide on their police reports if we abandon the court's presumption that a cop is telling the truth.

During voir dire, saying that you don't have a negative view of police will be grounds to be challenged for cause

Vahakyla
May 3, 2013

Die Laughing posted:

Is there a thread for Sandra Bland? I'd like to read some more about it.

This is it. She has been the topic for ten pages.

Darkrenown
Jul 18, 2012
please give me anything to talk about besides the fact that democrats are allowing millions of americans to be evicted from their homes

PostNouveau posted:

StoryCorps did an animated account of a guy who almost got killed by the cops.

https://www.youtube.com/watch?v=Vep6DmMvLUQ

A minor point, but I am curious: Is Alex asking to see a warrant a reasonable thing, or is he just confused about the process? I would have though that this being just a traffic stop initially would mean they obviously do not have a warrant, but they might have probable cause to search the car since his friend had weed?

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Darkrenown posted:

A minor point, but I am curious: Is Alex asking to see a warrant a reasonable thing, or is he just confused about the process? I would have though that this being just a traffic stop initially would mean they obviously do not have a warrant, but they might have probable cause to search the car since his friend had weed?

I don't know. I suspect they didn't need a warrant once they found weed on his friend, but maybe one of the lawyers around here would know for sure.

BasicFunk
Feb 26, 2011

How's your Funkentelechy?

Darkrenown posted:

A minor point, but I am curious: Is Alex asking to see a warrant a reasonable thing, or is he just confused about the process? I would have though that this being just a traffic stop initially would mean they obviously do not have a warrant, but they might have probable cause to search the car since his friend had weed?

Even if he was confused about the process and they could search because his friend had weed, it was no reason to beat the poo poo out of him. You can easily say "You passenger is in possession of a controlled substance which gives us probable cause."

Pohl
Jan 28, 2005




In the future, please post shit with the sole purpose of antagonizing the person running this site. Thank you.
Why would they even be asked to get out of the car and then searched for a minor traffic violation?
Yeah, once they found the weed the car was most likely fair game, but what led up to the body search in the first place?

Edit: Oh wow, this is something else:

quote:

DENVER — In a wide-ranging complaint faulting law enforcement, public officials and the media, a police officer accused of using excessive force on multiple occasions is suing several city of Denver officials, his lawyer said Thursday.

Denver police officer Ricky Nixon’s complaint asserts that the Denver Police Department destroyed his reputation and livelihood after he was named in two excessive force complaints.

...

Nixon has been involved in two high-profile use-of-force cases. In 2009, Nixon and another officer beat 23-year-old Alex Landau with flashlights during a traffic stop. Landau claimed that he was attacked for asking whether police had a warrant to search his car (they did not), but the officers said they feared for their lives and believed Landau had a weapon. It was later proven that Landau was unarmed.

...

Later in 2009, Nixon and Officer Kevin Devine injured four women during an incident at the Denver Diner. The women said they were beaten with nightsticks and maced even though they were not resisting, but police said the force was justified.


http://kwgn.com/2013/08/29/officer-involved-in-alex-landau-beating-sues-city-for-violating-his-rights/

Pohl fucked around with this message at 06:26 on Jul 27, 2015

Darkrenown
Jul 18, 2012
please give me anything to talk about besides the fact that democrats are allowing millions of americans to be evicted from their homes
^^^ Yeah, also a good point, searching everyone in the car for a traffic stop seems odd too. Maybe the car smelled of weed?

BasicFunk posted:

Even if he was confused about the process and they could search because his friend had weed, it was no reason to beat the poo poo out of him.

Oh you don't say? :allears: Of course nothing he did was reason to beat the poo poo out of him.

Darkrenown fucked around with this message at 07:37 on Jul 27, 2015

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Pohl posted:

Why would they even be asked to get out of the car and then searched for a minor traffic violation?
Yeah, once they found the weed the car was most likely fair game, but what led up to the body search in the first place?

I'm about to go to bed, so too lazy to watch the video, but even unburnt weed has a really strong, distinct smell.
Now, absolutely, cops make up "it smelled like weed" all the time (I love when that is the PC and they find only meth), but it is absolutely probable that if the guy had it on his person it was smelled. (Seriously, stop travelling with drugs in your car, it really makes your attorney's life way harder than it needs to be.)
I'll have to watch the video before commenting on anything else.

Pohl
Jan 28, 2005




In the future, please post shit with the sole purpose of antagonizing the person running this site. Thank you.

nm posted:

I'm about to go to bed, so too lazy to watch the video, but even unburnt weed has a really strong, distinct smell.
Now, absolutely, cops make up "it smelled like weed" all the time (I love when that is the PC and they find only meth), but it is absolutely probable that if the guy had it on his person it was smelled. (Seriously, stop travelling with drugs in your car, it really makes your attorney's life way harder than it needs to be.)
I'll have to watch the video before commenting on anything else.

Is there a video? I think it is just he said/she said from like 2009.

As far as pot in the car, yeah, that poo poo smells. I had to tell my neighbor to stop bringing pot with him whenever I was driving because it loving reeked. I don't have a problem with it, but I'm not about to put myself in jeopardy like that. Get that poo poo out of my car.

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Pohl posted:

Is there a video? I think it is just he said/she said from like 2009.


PostNouveau posted:

StoryCorps did an animated account of a guy who almost got killed by the cops.

https://www.youtube.com/watch?v=Vep6DmMvLUQ

Just to make it easier though, there's a black guy and his white friend who get pulled over. The cops take them out of the car and search them, and the white guy gets caught with weed. The cops start to search the car, and the black guy objects, saying he wants to see a search warrant before they continue. He says that set the cops off, and they beat the poo poo out of him.

So the question was, could he have actually stopped them from searching his car by objecting at that point or was the friend having weed on him enough to allow them to search it?

Pohl
Jan 28, 2005




In the future, please post shit with the sole purpose of antagonizing the person running this site. Thank you.

PostNouveau posted:

Just to make it easier though, there's a black guy and his white friend who get pulled over. The cops take them out of the car and search them, and the white guy gets caught with weed. The cops start to search the car, and the black guy objects, saying he wants to see a search warrant before they continue. He says that set the cops off, and they beat the poo poo out of him.

So the question was, could he have actually stopped them from searching his car by objecting at that point or was the friend having weed on him enough to allow them to search it?

I know the story, and that is an animated video. I was asking if there was actual video. Sorry if I wasn't clear.

Zarkov Cortez
Aug 18, 2007

Alas, our kitten class attack ships were no match for their mighty chairs

PostNouveau posted:

So the question was, could he have actually stopped them from searching his car by objecting at that point or was the friend having weed on him enough to allow them to search it?

I'm not sure what the exact law would be there, but in Canada that would be a search incident to arrest. You don't have to consent to the search, but if an officer wants to search anyways I don't see it ever being a good idea to try and stop them. Afterwards the admissibility of the evidence from the search would depend on whether the search itself was reasonable under the circumstances.

Search incident to arrest is a common law doctrine so I'm assuming there would be some sort of equivalent in the US. Even without finding drugs on the passenger, which only strengthens the grounds for the search, if there was an odour of raw marijuana from the car that could be enough to provide probable grounds for an arrest/search. I don't know what the case law there says about getting a warrant prior to conducting the search.

Zarkov Cortez fucked around with this message at 15:43 on Jul 27, 2015

AreWeDrunkYet
Jul 8, 2006

Marijuana legalization really needs to be accelerated, if nothing else to get rid of "I smelled pot" PC.

Though burnt marijuana would likely still be PC since it could imply a DWI, so there would still be room for abuse.

Just out of curiosity, is there such a thing as an artificial sniffer that could create objective standards for this sort of stuff? It seems absurd that a cop can just make up "I smelled X" and there's no way to question that.

Jarmak
Jan 24, 2005

AreWeDrunkYet posted:

Marijuana legalization really needs to be accelerated, if nothing else to get rid of "I smelled pot" PC.

Though burnt marijuana would likely still be PC since it could imply a DWI, so there would still be room for abuse.

Just out of curiosity, is there such a thing as an artificial sniffer that could create objective standards for this sort of stuff? It seems absurd that a cop can just make up "I smelled X" and there's no way to question that.

Well here in MA the SJC ruled that because marijuana was decriminalized it's odor doesn't constitute probable cause.

CommanderApaul
Aug 30, 2003

It's amazing their hands can support such awesome.

Zarkov Cortez posted:

I'm not sure what the exact law would be there, but in Canada that would be a search incident to arrest. You don't have to consent to the search, but if an officer wants to search anyways I don't see it ever being a good idea to try and stop them. Afterwards the admissibility of the evidence from the search would depend on whether the search itself was reasonable under the circumstances.

Search incident to arrest is a common law doctrine so I'm assuming there would be some sort of equivalent in the US. Even without finding drugs on the passenger, which only strengthens the grounds for the search, if there was an odour of raw marijuana from the car that could be enough to provide probable grounds for an arrest/search. I don't know what the case law there says about getting a warrant prior to conducting the search.

First off, since white friend had weed, you can search any area that he had access to as a search incident to arrest. Beyond that, you don't need a warrant to search a car, only probable cause (Carroll v US, 1925), and weed would certainly give you that with or without the search incident to arrest.

AreWeDrunkYet
Jul 8, 2006

Jarmak posted:

Well here in MA the SJC ruled that because marijuana was decriminalized it's odor doesn't constitute probable cause.

Sorry, should have specified - the smell of burnt marijuana at a traffic stop would presumably still be probable cause.

computer parts
Nov 18, 2010

PLEASE CLAP

AreWeDrunkYet posted:

Marijuana legalization really needs to be accelerated, if nothing else to get rid of "I smelled pot" PC.


This thread has shown that cops are willing to make up any story if they feel like it.

Besides, I think some data's been done and it still shows that minorities are disproportionately ticketed or otherwise found to violate marijuana laws even in the legal states.

Jarmak
Jan 24, 2005

AreWeDrunkYet posted:

Sorry, should have specified - the smell of burnt marijuana at a traffic stop would presumably still be probable cause.

I knew exactly what you were talking about, and was talking about exactly that in Commomwealth v. Cruz

"MA Supreme Judicial Court posted:

]A Boston Municipal Court judge did not err in allowing a criminal defendant's pretrial motion to suppress evidence found by police on the defendant, a passenger in a stopped automobile, as well as an admission made by the defendant to the police, where, although the officers had properly detained the vehicle to issue a traffic citation and, upon detecting the odor of burnt marijuana, permissibly asked the driver whether he had been smoking marijuana, there was no basis on which the police could order the defendant out of the vehicle without at least some other additional fact beyond the mere odor of burnt marijuana, given that the odor of burnt marijuana alone can no longer provide police officers with reasonable suspicion that criminal activity is underway or with probable cause to believe that a criminal amount of contraband is present, in light of the enactment of G, L c. 94C, §§ 32L-32N, inserted by St. 2008, c. 387, §§ 2-4, which decriminalized possession of less than one ounce of marijuana, [463-477] COWIN, J., dissenting.

http://caselaw.findlaw.com/ma-supreme-judicial-court/1014358.html

Darkrenown
Jul 18, 2012
please give me anything to talk about besides the fact that democrats are allowing millions of americans to be evicted from their homes

AreWeDrunkYet posted:

Just out of curiosity, is there such a thing as an artificial sniffer that could create objective standards for this sort of stuff? It seems absurd that a cop can just make up "I smelled X" and there's no way to question that.

If there was, you'd need it to have a camera or GPS etc. and a log or cops could still say the Sniffer beeped in any situation. Plus the logging would need to be held to at least the same standard as body cam logs, and even then you'd still risk the memory being erased or lost.

Trabisnikof
Dec 24, 2005

Darkrenown posted:

If there was, you'd need it to have a camera or GPS etc. and a log or cops could still say the Sniffer beeped in any situation. Plus the logging would need to be held to at least the same standard as body cam logs, and even then you'd still risk the memory being erased or lost.

We wouldn't need any more complicated records than we do for radar guns or breathalyzers, both tools already in police use with the same risks of misuse.

Pohl
Jan 28, 2005




In the future, please post shit with the sole purpose of antagonizing the person running this site. Thank you.

AreWeDrunkYet posted:


Just out of curiosity, is there such a thing as an artificial sniffer that could create objective standards for this sort of stuff? It seems absurd that a cop can just make up "I smelled X" and there's no way to question that.

They can't just say they smelled pot, they have to go through specific classes and be certified to detect pot or other drugs. At least that was the case in the last state I lived in, I haven't talked to any of the cops in my new state.

So yeah, that training and certification is going to protect you, citizen. :lol:

Pohl fucked around with this message at 20:27 on Jul 27, 2015

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Senf
Nov 12, 2006

dogs named Charlie posted:

Couple pages back but maybe we know the same guy, always spouting biotruths and bragging about how well he can read people? Goes out speeding on public roads for fun but thinks drug users are vermin?

Don't think so, no. The guy I was referring to doesn't even own a car (but has gotten into accidents with other people's vehicles).

Sadly, I'm pretty sure there are way more than just a few people out there that are exactly like the guy I described.

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