Legal Question: 4th Amendment

[SpyWizard]

never talk to the po po...

If they stop you and ask you if you know why you were stopped?? answer

"Officer why did you stop me"

If he asks "have you been drinking tonight"

repond

"Is that why you stopped me?? to ask me if i've been drinking?"

never answer the cops questions..

never submit to a field Sobriety test, it is them conducting an investigation, and you do not have to testify nor assist the police in this effort.. just say no to helping you into jail..

 

[SpyWizard]

in the words of a supreme court judge..

"What's the big hurry?? we can wait until i have counsel.. "

 

[Metasomatized Ijolite]

This stuff is fascinating to me. I once defended myself against a window tinting citation. I was convicted in magistrate court. Magistrates are elected and are not required to have even attended law school. If the cop says you did it, you will be convicted. But you can appeal without reason. Magistrate court here in my state is not even a court of record. I appealed to the real court and filed a motion to suppress based on the constitutionality of the traffic stop. The only reason I was stopped was so the officer could check my window tinting with his light meter. I argued that an officer cannot articulate "reasonable suspicion" visually. The law requires 35% light transmittance but all the officer could say was that the windows looked too dark based on his experience. The law said nothing about windows "looking too dark", it specifies 35% light transmittance. I won that fight and saved close to $400.00

 

[Metasomatized Ijolite]

I still think the cops fucked up with the weed. They knew what was in the house from the smell. They knew it had to be a large quantity to be smelled from the street. Obviously a large quantity is not going to disappear quickly. Why not make sure you have a warrant in hand and do everything to the letter of the law? Then there's no question at trial. The slumlord that rented the place had another one of his rental homes raided for drugs recently as well. These bastards come in and buy rental property and don't care what happens in it as long as they get the rent money.

 

[txbondsman]

I've been dealing with sheriff's and police on one side, lawyers and the DA on the other for a few days now. What we have here are people talking about the law as it's written/interpreted, and me and SpyWiz saying what really goes on, everybodys right imo.

There's three things that determine most convictions, right or wrong for the "defendant", the info the DA gets from the police report, which is embellished so much by the time the DA's office gets it that it doesn't even sound familiar anymore, and the DA's offer and counter offer if talen to trial, and the amount of money needed for a good attorney to defend you with no guarantee as to the outcome. Most here that figure and just take the plea, especially after they read the arrest report of what "supposedly" happened. It's not worth the risks...

 

[Stefka]

I've been dealing with sheriff's and police on one side, lawyers and the DA on the other for a few days now. What we have here are people talking about the law as it's written/interpreted, and me and SpyWiz saying what really goes on, everybodys right imo.

There's three things that determine most convictions, right or wrong for the "defendant", the info the DA gets from the police report, which is embellished so much by the time the DA's office gets it that it doesn't even sound familiar anymore, and the DA's offer and counter offer if talen to trial, and the amount of money needed for a good attorney to defend you with no guarantee as to the outcome. Most here that figure and just take the plea, especially after they read the arrest report of what "supposedly" happened. It's not worth the risks...

But sometimes they get lucky and get a kick ass public defender (like my prof) who gets everything suppressed.
BTW I rocked that exam.
It was almost fun.

 

[txbondsman]

EXCELLENT!!! good for you. I know that makes you happy and you should be..

 

[wills_got_rythm]

you learn anything?

I hate cops, have no use for them. Biggest back stabbin bunch of mother fuckers ever were. Laws mean nothing to cops, they violate them on a minute by minute basis. All this stuff about "to serve and protect" my ass.

They will say anything to cover their own asses. Its all about how they write the report. A normal everyday middle class citizen doesnt have a chance against a cop, as far as legalities. Then you have lawyers that dont want to work for you. They just walk you up to the judge and have you sign conviction papers then you're fucked......

sorry didnt mean to hijack the thread....had to rant.....

 

[Jacob Creutzfeldt]

I hate cops, have no use for them. Biggest back stabbin bunch of mother fuckers ever were. Laws mean nothing to cops, they violate them on a minute by minute basis. All this stuff about "to serve and protect" my ass.

They will say anything to cover their own asses. Its all about how they write the report. A normal everyday middle class citizen doesnt have a chance against a cop, as far as legalities. Then you have lawyers that dont want to work for you. They just walk you up to the judge and have you sign conviction papers then you're fucked......

sorry didnt mean to hijack the thread....had to rant.....

Prisoners must have access to the internet in your penitentiary.

 

[txbondsman]

I hate cops, have no use for them. Biggest back stabbin bunch of mother fuckers ever were. Laws mean nothing to cops, they violate them on a minute by minute basis. All this stuff about "to serve and protect" my ass.

They will say anything to cover their own asses. Its all about how they write the report. A normal everyday middle class citizen doesnt have a chance against a cop, as far as legalities. Then you have lawyers that dont want to work for you. They just walk you up to the judge and have you sign conviction papers then you're fucked......

sorry didnt mean to hijack the thread....had to rant.....

it's not quite THAT bad, but your about 95% correct, unfortunately....