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Re: Legal for Police to lie?
Posted: Fri Apr 16, 2010 12:02 pm
by dehalter
gigag04 wrote:Even destruction of evidence gets tricky. Usually the officer will get in, get everyone and take them outside , and then make them wait while a warrant is sworn out.
gigag04,
It looks like you see my point now. We must of had a "failure to communicate". At least I get to go outside and wait for a warrant. I have nothing in my house that is illegal (that I know of). My point is one from liberty, freedom and principal. Some people may disagree, that is fine. That is why I like this blog, I get to here from all sides.
Did not know I was getting into a blog with a magistrate!
Have a great day and good weekend!
Re: Legal for Police to lie?
Posted: Fri Apr 16, 2010 1:43 pm
by gigag04
dehalter wrote:gigag04 wrote:Even destruction of evidence gets tricky. Usually the officer will get in, get everyone and take them outside , and then make them wait while a warrant is sworn out.
gigag04,
It looks like you see my point now. We must of had a "failure to communicate". At least I get to go outside and wait for a warrant. I have nothing in my house that is illegal (that I know of). My point is one from liberty, freedom and principal. Some people may disagree, that is fine. That is why I like this blog, I get to here from all sides.
Did not know I was getting into a blog with a magistrate!
Have a great day and good weekend!
I still disagree that the police cannot get inside your home without a warrant...so if you still stand by that statement then - we do not yet see eye to eye on this issue. My comment regarding waiting outside is more of a cover my butt move - I COULD explain why if I walk up to a party and smell weed and then see everyone running around and hear toilets flushing that I had exigent circumstances to search that house immediately. However, it looks better, and makes a tighter case if I pull everyone out and get the warrant.
I fully agree with your reasonable expectation to privacy and protection for unlawful searches and siezures...however other exigent circumstances still exist in case law that will allow me in your house sans warrant.
Re: Legal for Police to lie?
Posted: Fri Apr 16, 2010 6:20 pm
by VoiceofReason
MedicMan218 wrote:way to buck the system. what an idiot

I gave breaks to a
lot of people (I took some people
home instead of to jail) but I did have some folks
talk their way into jail. Most officers that have been on the job for a while can find a reason to arrest someone if they look hard enough. Take him to jail, book him, put him in a cell with bubba, then next morning release him, charges dropped.
Sounds like this guy should have "taken the ride", maybe along with the videographer.

I apologize.
Posted: Sat Apr 17, 2010 6:55 pm
by VoiceofReason
Keith,
I may have misunderstood MedicMan128. I apologize.
Re: Legal for Police to lie?
Posted: Wed Apr 21, 2010 9:44 am
by TEX
It is my understanding that a Federal Agent can also lie to you, but if you lie to them, you have comitted a crime by lieing to them. Seems a bit backwards to me. As far as I know lieing to a city cop is not a crime, but lieing to a Federal Agent of any sort is a crime. Anyone know for sure?
Me, even if I am innocent, I am saying zero, zip, nada, budkus, goose egg. You can always say it later after advice from an attorney, but you can NEVER take it back.
Re: Legal for Police to lie?
Posted: Wed Apr 21, 2010 10:07 am
by Keith B
VoiceofReason wrote:VoiceofReason wrote:MedicMan218 wrote:way to buck the system. what an idiot

I gave breaks to a
lot of people (I took some people
home instead of to jail) but I did have some folks
talk their way into jail. Most officers that have been on the job for a while can find a reason to arrest someone if they look hard enough. Take him to jail, book him, put him in a cell with bubba, then next morning release him, charges dropped.
Sounds like this guy should have "taken the ride", maybe along with the videographer.

Please explain. Why am I an Idiot?
One reason it was good to work for the SO was that we could use a lot of discretion. A guy walking along that had a couple too many, not bothering anyone, not a danger to himself or anyone else and had not been in trouble before got a free ride home.
Another guy in a convenience store, drunk, trying to start a fight with two other guys, right away starts cursing at me and “knows his rights” gets a free room for the night. I even had a passenger in a car I pulled over curse at me when I was trying to be polite with the driver. The driver did not even get a ticket. The
passenger got a free room for the night.
I am not sure why you dug this way out of the front of the thread, but you apparantly took it out of context.

I believe MedicMan128 was refering to the guy with the video camera.
Re: Legal for Police to lie?
Posted: Wed Apr 21, 2010 10:54 am
by VoiceofReason
Keith,
I may have misunderstood MedicMan128. I apologize.
I am
extremely embarrassed.
Re: Legal for Police to lie?
Posted: Thu Apr 22, 2010 9:03 am
by dehalter
gigag04 wrote:dehalter wrote:gigag04 wrote:Even destruction of evidence gets tricky. Usually the officer will get in, get everyone and take them outside , and then make them wait while a warrant is sworn out.
gigag04,
It looks like you see my point now. We must of had a "failure to communicate". At least I get to go outside and wait for a warrant. I have nothing in my house that is illegal (that I know of). My point is one from liberty, freedom and principal. Some people may disagree, that is fine. That is why I like this blog, I get to here from all sides.
Did not know I was getting into a blog with a magistrate!
Have a great day and good weekend!
I still disagree that the police cannot get inside your home without a warrant...so if you still stand by that statement then - we do not yet see eye to eye on this issue. My comment regarding waiting outside is more of a cover my butt move - I COULD explain why if I walk up to a party and smell weed and then see everyone running around and hear toilets flushing that I had exigent circumstances to search that house immediately. However, it looks better, and makes a tighter case if I pull everyone out and get the warrant.
I fully agree with your reasonable expectation to privacy and protection for unlawful searches and siezures...however other exigent circumstances still exist in case law that will allow me in your house sans warrant.
I agree that the police can come into your house. I do not agree with it. After seeing what happened in N.O. after Katrina and what the ATF did in Waco, I have no doubt they can come in. If you have enough men with guns, you can do whatever you want!!! I still do not like it.