Search found 4 matches

by The Annoyed Man
Mon Mar 02, 2015 12:02 pm
Forum: LEO Contacts & Bloopers
Topic: Respect our DPS and Troopers
Replies: 54
Views: 12171

Re: Respect our DPS and Troopers

pcgizzmo wrote:I never said they were allowed to. I said I would probably profile. We all know it happens and if we were honest I believe most people if they were law enforcement would profile regardless if they were allowed to or legality. We are all guility of it in every day life. That person that doesn't dress just right, talk just right, look the way we would think a responsible citizen would look etc.. We make judgements and we are lying to ourselves we don't think law enforement does it on a regular basis. Since 9/11 I've been standing next to people that had turibns on and women with head coverings and I'll just be honest it makes me nervous. Not because they are bad people. Rationally I know that statistically they are probably not BUT because of the war on terror, my reading of media reports etc.. it's changed my view on things and while that may not be right its the way it is..

Now extrapolate that to people that deal with scum on a daily basis and I don't necessarily agree with it but I understand it. Not to mention I believe their are statistics that profiling in certain situations has a fairly high hit rate. On one had we want to get rid of crime, scum, drugs etc.. but on the other we don't want to be questioned, profiled, searched, etc.. I get it. I don't know what the answer is. How to give law enforment enough leeway to get the bad guy while still protecting the rights of good citizens?
Law enforcement can be a difficult a hard job. There is no getting around that fact. The reason it is hard is that the issues are complex. This is just one reason why law enforcement agencies tend to be so selective and screen so thoroughly those they hire, before they are hired. A good cop tends to actually be more open-minded than your average citizen. Why? Because if he or she is not open-minded, then he or she would find it much more difficult to deal fairly with people whose lifestyles they might not personally endorse. For instance........When I am watching an episode of "Cops" for instance, and I see an experienced male officer treat an aging drag queen who is the victim of domestic abuse with the same deference as he would if that person were his own grandmother, then I am encouraged. I am encouraged because that officer is able to see past his own prejudices to see the humanity of the other person, and to treat that other person with dignity and respect, even if he might not personally endorse that person's life choices. THAT cop is not the one whom I worry about with regard to issues like Terry stops. That cop understands that he or she has been entrusted with serving and protecting the citizenry, of which he or she understands themselves to be a part. The cop that worries me with regard to Terry stops is the cop who comes to believe that being a cop sets him apart from the citizenry, and therefore not subject to the same standards as the rest of us.
b322da wrote:
pcgizzmo wrote:Honestly I don't see the problem of allowing law enforcement to search your car... What is the harm in letting a law enforcement officer search your car if you don't have anything to hide?
Most respectfully, this is a prime example of how an innocent person can cause himself untold suffering. A similar example would be, "What is the harm in responding to law enforcement interrogation if you don't have anything to hide?" Time and again we have seen on this forum, for example, how one should generally keep his mouth shut if interrogated by law enforcement after he legally exercises his right of self-defense against an aggressor. The reasons for that advice should be known by all members here.

The Bill of Rights applies to everyone, not just those who have something to hide. Acquiescing in the transgression of one's right under the Constitution will lead inexorably to the end of that right.

Jim
Jim and I often find ourselves on opposite sides of some issues, but he is wise and kind, and this is very good advice. As a nation, it seems to me like we have been far less likely to defend our rights with vigor, and far more likely to acquiesce to violations of the same for the past 50 years or so than ever before in our history. I could write an extended essay on why I think this is so, but that's food for another topic. Let's just take it as a given for the moment. As we know from losses of the right to keep and bear arms, these violations become incrementally institutionalized in the law, and incrementally applied against those of us who would seek to exercise those rights. And thus, we must today have a license to carry that which the Constitution guarantees to be free against infringement. Equally so, the victories to reverse those losses come incrementally and drag out over the years.

Ever since technology has enabled law enforcement to access previously private communications (telephone wiretaps, for instance), we have been in a battle against the incremental dismantling of the 4th Amendment's wall of protection. At least, that is my thesis. Jim is one or two years older than I am ( ;-) ) and I would be curious to know if his observations parallel mine. I acknowledge that this is in part because criminals have sought to use those same technologies to both increase their own "productivity" and to defend themselves against law enforcement's intrusions into their affairs. The fallout out though is that the rest of us who are law-abiding end up being negatively affected in our own transactions with law enforcement. It is also part of my thesis that as the law-abiding increasingly feel these incremental violations of their rights by law enforcement, the relationship between the law-abiding and law enforcement becomes increasingly adversarial. And that is bad for an orderly society.
by The Annoyed Man
Mon Mar 02, 2015 11:25 am
Forum: LEO Contacts & Bloopers
Topic: Respect our DPS and Troopers
Replies: 54
Views: 12171

Re: Respect our DPS and Troopers

chuck j wrote:I am certainly not advocating terry searches but I understand the amount of criminal things going on out there . I would be willing to be searched several times a day if it would thin the bad guys out . I drive a 4 cylinder SUV , usually wear overalls I don't look like I have two nickles to rub together and got two spoiled house dogs with me . I hand them a CHL and commercial DL they go back to the cruiser and background check me . Then they just tell me to have a nice day . I honestly don't think they stop many people just for fun . This video shows TOTALLY WRONG police behavior .


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The problem is this: searching your vehicle 4-5 times a day won't reduce crime, will it? You're not a criminal. Believe me, I DO understand what you are saying, and I DO believe that you are saying it with nothing but the best intent. The problem is that this is the same pretzel-logic used by gun-control advocates to argue that society would be made safer if the law-abiding would willingly submit to further infringements, without addressing the fact that their new infringements won't disarm criminals, only the law-abiding.

So we are back to the difficult choices that police have to make......and this is why they get paid more than I do. But the ONE choice they are not allowed is to make is the choice to violate their oath to uphold the laws and the Constitution. In order for them to remain within the confines of that oath, they MUST meet the minimum standards of Terry. So, unless you are driving drunk or recklessly, or waaaay too slow (35mph on the interstate), or speeding, or failed to use your turn signal to indicate a lane change, there is an obvious safety issue with your vehicle, or something like that, then they have ZERO reason to pull you over. And once they pull you over, (with, or without good reason) the fact that they don't like your tatoos or the length of your hair is NOT an articulate reason to search your vehicle without your permission. They have to be able to SEE something (a crack pipe, a bag of weed, a severed human finger, etc.) in plain view as they look through your window, or smell alcohol on your breath, or some other easy to articulate indicator of criminality. "I didn't like the cut of his jib", or "my spidey sense was tingling" are NOT acceptable in a court room as articulated reasons for rousting your car. They are acceptable reasons for the officer to step up his/her vigilance and to begin looking for reasons to search, but they are not in and of themselves a reason for a search.

Like you, I am a guy who is inclined to cooperate with police in most instances. But I have my own issue with Terry violations. In 1970, TWO YEARS after the Terry decision was handed down, I was in a car driven by a friend, with two other friends, that was pulled over in El Monte in SoCal by LA Co Sheriff deputies, at about 10 p.m. We were on our way home from a party at another friend's house. The driver had broken no laws, and the deputies never even gave us a reason for why they had pulled us over. No tickets were issued. In other words, this was a catch and (maybe) release fishing expedition. We were guilty of nothing more than being 3 long-haired guys and a girl in a car at 10 p.m. After they rousted all of us (and they body searched the woman, without a female officer present), they literally tore the seats out of the car and left them on the sidewalk. They found nothing......because there was nothing to be found. When I politely and respectfully asked one of the deputies - there were about 4-5 of them in on this thing - if they could help us to get the seats back into the car, because we were just kids and we didn't actually know how to put the back seats back together again, his answer was "would you like to take a trip to jail?" On what trumped up charge I have no idea. His answer and his attitude were pure malice, like he was sure that we were getting away with something, when in fact, it was HIM that was getting away with being arrogant. But his answer scared the me - because I most certainly did NOT want to take a trip to county jail (which is operated by LA Co Sheriffs, and which had been under investigation at the time for excessive behavior by jailers.....and the entire department had a reputation for being mean and violent).

I was 18 years old. I didn't know anything back then about the law, or my rights, and I was NOT in a position to challenge 4 or 5 law-breaking deputies on what I thought they could do to me, on a dark street at 10 p.m. That old saying—"nothing good happens after 10 p.m."—well at least back then, and with the LA Co Sheriff's office, it was often the case that nothing good happened after 10 p.m. because the LA Co Sheriff's deputies were involved in it. I remember one friend who was rousted by them. He was a clean kid, not a drug user, and he was arrested for a bag of weed the officers planted on his car when they could find nothing else on him.

So I am of this mind: I love that I have a good police department in my town, and they they have appeared to be - so far as I can tell - aboveboard and honest in all of their dealings with the public. I believe that an orderly society is a desirable thing, and I believe that good policing is part and parcel of having an orderly society. But I ALSO believe that when an officer violates Terry Stop standards because he or she cannot articulate a clearly defined and defensible reason for a search, then that officer's behavior has crossed over into the criminal, and there is no room for criminals on the police force.

When srothstein said above,
srothstein (a retired LEO I might add) wrote:My advice is to not give consent for a search, just as I do not advise speaking to officers more than necessary after a shooting. But it is just my opinion. I also note that in the real world it is often less trouble to consent or talk than it is to stand on your rights. I have problems with this but I recognize the real world and its implications.

I am inclined to agree. I agree with all of it, including the part where he said, "in the real world it is often less trouble to consent or talk than it is to stand on your rights." I am self employed, and so I have some leeway with my time. Thus, if I am on my way to a scheduled meeting with a paying client, then whatever answer gets me out of there ASAP so I can make that meeting is what I am going to do - even if that means submitting to a search. Similarly, as a worship leader, whatever gets me out of there so I am not late to church is what I am going to do. But if I have no particular place to be, then I am going to stand on my rights and force the officer(s) to articulate a reason for searching my vehicle without my consent. As with you, they are not going to find anything. I don't use drugs, so they won't find anything. I'm not a thief, so they won't find any stolen property. My carrying of a firearm is accounted for by my CHL. I keep my vehicle registration and inspection current. I keep it in good working order. The only window tint is from the factory. My car (a 2002 Nissan Pathfinder SE) is bone stock, has no loud exhaust, or booming speakers (which is a pet peeve of mine fit for its own thread), does not blow smoke out of the exhaust pipe, does not have bald tires. I have no prison and/or gang tattoos. I have no criminal record.

And as srothstein outlined in his excellent post, police have to have a reason to pull you over in the first place. I don't drive in such a manner as to give police a reason to pull me over. I have a clean driving record. In short, no cop in his or her right mind would have any reason to be suspicious of me or my vehicle. Therefore, any cop who tries to subject me to a Terry search is not in his or her right mind. So whether or not I cooperate with that search is going to be entirely driven by balancing a stand for my rights against my need to be elsewhere soon.

But even if I consent to a search, it isn't going to be with a smile, and I'm not going to end the encounter with that most STUPID of responses to this kind of abuse: "Thank you, officer (unspoken: for having abused my rights)."
by The Annoyed Man
Sun Mar 01, 2015 2:42 pm
Forum: LEO Contacts & Bloopers
Topic: Respect our DPS and Troopers
Replies: 54
Views: 12171

Re: Respect our DPS and Troopers

pcgizzmo wrote:Honestly I don't see the problem of allowing law enforcement to search your car. I understand the thought process of giving more control to the government than they need to have or are allowd to have under the constitution but law enforcement is faced with a losing battle.

On one hand we want them to stop the drugs, gun running, crime etc.. on the other we don't want any of our rights infringed on. What is the harm in letting a law encforcement officer search your car if you don't have anything to hide?

I have to be honest IF I were a law enforcement officer I would be profiling as much as possible. If it looks like a rat, smells like a rat it's probably a rat. I'm not saying the OP looks lke a criminal I'm just saying that it's a numbers game for LE. The more contact they make with the public the better chance they have of running into a real criminal.
I neither look, nor smell like a rat. Actually, I am almost daily told that I look like Santa Claus. Under your ROE, a LEO is allowed to:
  • Stop and search anyone with "hispanic" features, on the grounds that he might be smuggling cocaine in from Columbia.
  • They can stop anyone wearing "tactical" type clothing on the grounds that they are gun-runners.
  • They can stop and frisk anyone wearing a turban on the grounds that they might be a jihadist terrorist (never mind that it is mostly members of an unrelated religion that wear turbans).
  • They can stop and frisk anyone with bad teeth on the grounds that they might be running a meth lab.
  • etc., etc., etc.
If you don't have anything to hide, why do they need to search your car? If you have not been smoking pot, why should you care if they draw your blood on the roadside and check it? If that is your decision to allow a search of your car, that is fine. But your decision cannot be used as a rational argument for why I should have to allow it. I don't have anything to hide either. I've never been arrested for anything. I've never had a charge against me more serious than a speeding ticket, and it has been 16 years since my last one. None the less, it is MY car, and MY 4th Amendment right that is being challenged if I am subjected to a fishing expedition. We live in an age of slippery slopes. The problem is that the angle of the slope is getting steeper, and those who are not concerned about it are oblivious to those who would pour oil on it.
by The Annoyed Man
Sun Mar 01, 2015 11:54 am
Forum: LEO Contacts & Bloopers
Topic: Respect our DPS and Troopers
Replies: 54
Views: 12171

Re: Respect our DPS and Troopers

chuck j wrote:Within reason they can search my vehicle any time they like , total waste of time for them though . If it helps catch drug runners , illegals or criminals I'm all for it . I have never been searched before . I have only had one bad encounter with a Highway patrol in Archer county , everyone knew he was a complete jerk . He purposely tried to make you angry , he got a kick out of it . I simply turned the tables on him , he was mad because I was not even though he gave me a seat belt ticket . I even asked him to stay a second while I prayed for him . He was red faced .
chuckj, I love the asking him to stay a second while you prayed for him.
The Apostle Paul wrote:Romans 12:19-21
Beloved, never avenge yourselves, but leave it to the wrath of God, for it is written, “Vengeance is mine, I will repay, says the Lord.” To the contrary, “if your enemy is hungry, feed him; if he is thirsty, give him something to drink; for by so doing you will heap burning coals on his head.” Do not be overcome by evil, but overcome evil with good.
A perfect life application example.

That said, I have to ask, how will stopping and searching your vehicle help them catch drug runners, illegals, or criminals? It won't. Google "what is a terry stop", and one of the links you'll get back is the Wikipedia page on it: http://wikipedia.org/wiki/Terry_stop.
In the United States, a "Terry stop" is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.

The name derives from Terry v. Ohio, 392 U.S. 1 (1968), in which the Supreme Court of the United States held that police may briefly detain a person whom they reasonably suspect is involved in criminal activity; the Court also held that police may do a limited search of the suspect’s outer garments for weapons if they have a reasonable and articulable suspicion that the person detained may be “armed and dangerous”. When a search for weapons is authorized, the procedure is known as a “stop and frisk”.

To have reasonable suspicion that would justify a stop, police must be able to point to “specific and articulable facts” that would indicate to a reasonable person that a crime has been, is being, or is about to be committed. Reasonable suspicion depends on the “totality of the circumstances”, and can result from a combination of facts, each of which is by itself innocuous.
So, it would appear that DPS troopers (and the DEA) are basing their Terry Stops along I-20 on the improbably notion that, if you are driving on I-20, you must be involved in criminal activity.......and the evidence for your being involved in criminal activity is that you are driving along I-20......

Are you beginning to see the circular reasoning here? It goes like this:

Premise: If you are [insert activity here], you must be involved in criminal activity.
Proof of Premise: The proof of your criminality is that you are [insert activity here].

Now, here are some substitutions for "[insert activity here]" - ALL of which are equally preposterous as evidence of criminality:
  1. doing your laundry
  2. walking the dog
  3. wearing a tie-died t-shirt
  4. driving a [insert brand of car here]
  5. laughing
  6. watching reruns of Mr. Green Jeans
  7. attending a Star Trek convention
  8. reading the Bible
  9. talking to a friend
  10. driving along I-20
  11. eating a Big Mac
  12. etc., etc., etc.
See what I did there? #10 is just as ridiculous a presumption of criminality as any of the other items on the list. It if WERE an indicator of criminality, then police would be duty-bound to stop ALL cars and search them along I-20. And when the word got out and traffic began abandoning the Interstate for the backroads, they would be duty-bound to cover those back roads, and stop and search every single vehicle on those roads.

The fact is, they are fishing. That's all they are doing. And that is unlawful behavior on their part. The sad fact—and I understand why—is that most people will submit to it, simply because they do not want to be detained any longer than the bare minimum. If you lawfully resist being detained, and refuse consent to a search, cops are going to—unlawfully—interpret your refusal of consent as evidence for a Terry stop. And even if they don't find anything.....which they won't as long as your are not engaged in criminal activity....your detention will have lasted about 8 times as long as if you had just submitted. Most people, even people who are aware of these issues and hate how police powers have transmogrified, will simply submit and grit their teeth, because they are already busy and don't have time to devote to the price of making a stand.

Personally, I am one of those who is cooperative, but grits his teeth. I respect Law Enforcement. I do NOT respect the individual officer who is comfortable with violating the limits of a Terry Stop, as defined by the highest Court in the land - a Court whose authority vastly supersedes the authority of any individual police officer. If the Court strictly defines the limits of a Terry Stop, and an individual officer exceeds those limits, that officer has:
  1. violated the law; and
  2. failed to uphold any oath they might have taken to uphold the Constitution........ALL of the Constitution, including the 4th Amendment.
If I have broken the law, then do something about it, and I will accept the consequences. But if I have NOT broken the law, and you (the police officer) cannot point to “specific and articulable facts” as evidence prompting your suspicion of my criminality, then you cannot justify the stop. Period. You have brought shame on your badge, your department, and your personal honor.

I am not one of those guys who follows cops around, trying to make their jobs harder. I actually LIKE having a police force in my town, and I respect my local PD and am appreciative of the great job they do. I count a number of currently serving police officers among my personal friends, as well as among my extended family. I hung out with one of them just last night at a family wedding. (I've posted about him previously here: viewtopic.php?f=15&t=74384" onclick="window.open(this.href);return false;) But I have to say that if I am subjected to a fishing expedition like that, and they cannot articulate specific facts for why I am being detained, then I'm going to be recording the transaction on my cellphone.....and yes, I WILL put it on youtube.

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