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Originally Posted by sireousrex,Jul 20 2007, 09:47 AM
You are correct. interpret was the wrong word. Are you an attorney? I have learned to be very selective with words because many lawyers use them in a very literal sense.
Nope, not an attorney.
And I should say that I did not mean to so bluntly suggest that you go back and change your statement. I assumed that you were not using the term as literally as a lawyer might take it. Similarly, I kept wanting to use the term "judgement call" referring to an officer using discretion. However, taken literally that too would be wrong of the officer as judgement is reserved for the courts.
Originally Posted by sireousrex,Jul 19 2007, 03:10 PM
or they are smart enough to be honest and give the stuff up without making me get the dog out, I either make them grind it into the pavement in front of me until it is unsalvagable, or I use ot to further train the dog.
Once again, it's good to have someone to bounce questions off. But the is BS right, you guys can (and do?) lie to to get a suspect to confess, but make it seem like we're going to get the book thrown at us if we lie back or go free if we're honest.
It's a gamble eitherway. Is my amount or substance small enough for the random cop to consider harmless. I'm more curious than anything, the last time my car was searched, the jerk made my wife and I feel like criminals or something and there wasn't anything in the car. Playing head games and asking questions twice and all, just cause we had out of state tags...
Originally Posted by 00CivicSi,Jul 20 2007, 05:38 AM
Be very careful here. It is the responsibility of the court to interpret the law. It is the responsibility of law enforcement to enforce the law based on said interpretation.
Now, that does not mean that law enforcement officers may not often use (and have the right to use) discretion based on the circumstances.
sireousrex, I'd simply change that statement to "He is just literally following the law the way it was written." Not to say that this hypothetical officer's actions are not based on his/her own personal interpretation or one based on the courts. However, I would imagine that there is little room for various interpretations regarding a simple law about possession of small amounts of illegal substances to begin with. Thus, any decisions the officer made with respect to giving an individual a break or making an arrest would more likely be an exercise in discretion than an interpretation of the law.
I know that sounds nit-picky, but to many there is a clear distinction.
correct, my fault - i brought up interpreting the laws while the cop using his or her discretion on whether or not to give a ticket is correct
S&W 9mm - wtf? i assume you're allowed to carry a personal 2nd weapon? do you carry off duty?
and most importantly
do you have an s? if so, would you give a nice guy in an s2k more leniency than a nice guy in some hoopty? do you tend to give more leniency towards men or women?
thanks for taking the time to answer some questions
redrum, to answer your questions, yes, different officers use different tactics to try and get stuff out of people. some times it is borderline shady. There is case law that police can use a "ruse" (in other words lie) to get confesssions and other investigatory tactics.
MrBurner, yeah the S&W 9mm sucks ass. We can carry a backup, but no larger than a 9mm on duty. Off duty I always carry my Glock 36 .45 in an inside the waistband holster.
I do have an S since 2002. I am on my second one actually. I give alot of leniency to many people. I base my citations more on how blatent of an action or how dangerous the act was and whether or not the driver can accept what he did was not the right thing to do. After all, tickets are meant to educate, not punish (since the courts do the punishing). So, if a person is already educated that he did the wrong thing, sometimes they get a pass. I give no special consideration to anyone based on vehicle or hot chicks either.
Here's a shot of my S from when I was at the dragon this year.
Let me preface by saying that I do not do any kind of illicit drugs. Never have, and never will. I also do not condone in any fashion the possession of even a "negligible amount" of marijuana. I must disagree with the earlier poster who said that those of us who have nothing to hide should especially go out of their way to deny an officer a search of their car. How asanine.
If you have nothing to hide, allow the officer to get their kicks and search your car, find nothing, and be on your way. I plan to be at my destination while you are in the cruiser waiting for a warrant or waiting for someonet to pick you up since your car was impounded simply because you had to be on your high horse and deny the search.
I've been pulled over many times, all for speeding. A couple tickets but nothing major. Being cooperative and feigning sorrow for what I did (speed) has gotten me out of a couple of jams. Maybe its because I'm white and clearly not a threat, I don't really know.
If you don't want to worry about your car being search, you can begin by following all applicable traffic laws. If you must speed, like me, then don't carry drugs in your car while doing it. Don't be a douche bag to the officer. Don't reek of MJ when you are pulled over.
Originally Posted by SS2000GT,Jul 19 2007, 11:16 AM
Nice, I got pulled over one night, and I had an prescription, without the bottle. The cop asked me if I had anything he needed to worry about, and I told him about the two pills in my pocket...and how I dont like carrying the whole bottle around.
That asshole, decided to take me in for felony possession of a controlled substance, and I had to spend the night in jail. He didn't care that I offered for my S/O to come and bring the prescription.
Went to court the following day, and it was thrown out.
It is nice to see some nice peace officers like yourself!
Originally Posted by UMDSuzuka,Jul 20 2007, 02:15 PM
Maybe its because I'm white and clearly not a threat, I don't really know.
lets not bring that into it.
This is a very infomative read. Thank you sireousrex if you are still following this thread. I'm sure all of the owners here appreciate your input as much as I do.
It's really funny to read and see how many people are so ignorant towards to the ability of a K9's nose. They really are unstoppable and near impossible to put something past them. If a K9 sctratches at your glovebox and it's empty, the officer is sure as heck going to find the secret compartment even if he has to tear the car apart.
I just wanted to let everyone know that if you enjoy the , move to Canada. Decriminalized FTMFW!!
Cheers
and to answer the OP'ers question, I have never been searched but my gf has opened the glovebox before... sniffed around in there and said "it smells like MJ" in there, WHY?! me> I dunno...
and she never found the secret compartment ahahah... she's blonde though
lets not bring that into it.
, move to Canada. Decriminalized FTMFW!!
