Audio recording is a crime in some states -- Maryland is one.
There are twelve states that require all party consent. They are:
... Michigan ...My understanding (IANAL) is that Michigan law is unclear but is interpreted by most to only apply to people outside the conversation that are recording (because it refers to eavesdropping). http://www.citmedialaw.org/legal-guide/michigan-recording-law
I have an opinion letter from the Michigan Attorney General's office stating the same thing. It considers MI to be a one-party state. IANAL.
Donedealzz
Senior Member - 3K
posted: May. 28, 2012 @ 10:04a
SUCKISSTAPLES said: it was candy burgundy and only on 20s.
Heres a long video, but shows the underside of cops...especially telling is the part where the guy asks how to file a complaint
Those who cannot remember the past are condemned to repeat it. http://en.wikiquote.org/wiki/George_Santayana Read history, and compare what is happening now around the world to past events.
hpmax
Senior Member
posted: May. 30, 2012 @ 5:17p
ppatin said: Kanosh said: 1. You likely will have to invoke your right to remain silent multiple times. Don't get lulled into unrelated conversations with the cops and don't joke with them. If you invoke your rights, but later disclose information to the cops, you have just un-invoked your rights. Many cops are very good at interrogations and in getting confessions, even from hostile people, and in some cases, even from people who didn't do what they are confessing to! Play it safe, just ask for a lawyer and ask for one again each time you are questioned.
The answer to that one is long and complicated. Under some circumstances you as you say "un-invoke" your right to remain silent. In Maryland we have conflicting caselaw about this, with the Maryland Court of Appeals having struck down a confession that was later allowed in a separate federal case. Google the Leeander Blake case if you're curious.
There was a recent Supreme Court case about this actually... I believe the current interpretation is that if you wish to invoke your rights, you must explicitly request it, as in... "I wish to invoke my right to remain silent, please stop questioning me." From then on, they are not allowed to question you. If you implicitly request it by remaining silent, the police can question you indefinitely -- and anything you say is admissible in court no matter how long you remained silent prior to speaking. Since that was the Supreme Court, it should be applicable in all states and jurisdictions.
NOTE: I'm not a lawyer, this isn't legal advice, I just listen to CSPAN way too often.
cbock35
Broke Member
posted: May. 30, 2012 @ 6:00p
When I started this thread I was like WTF?! When I got to the end I was like WTF!? But...it was a totally different WTF.
riznick
Acrobatic
posted: May. 30, 2012 @ 6:12p
hpmax said: ppatin said: Kanosh said: 1. You likely will have to invoke your right to remain silent multiple times. Don't get lulled into unrelated conversations with the cops and don't joke with them. If you invoke your rights, but later disclose information to the cops, you have just un-invoked your rights. Many cops are very good at interrogations and in getting confessions, even from hostile people, and in some cases, even from people who didn't do what they are confessing to! Play it safe, just ask for a lawyer and ask for one again each time you are questioned.
The answer to that one is long and complicated. Under some circumstances you as you say "un-invoke" your right to remain silent. In Maryland we have conflicting caselaw about this, with the Maryland Court of Appeals having struck down a confession that was later allowed in a separate federal case. Google the Leeander Blake case if you're curious.
There was a recent Supreme Court case about this actually... I believe the current interpretation is that if you wish to invoke your rights, you must explicitly request it, as in... "I wish to invoke my right to remain silent, please stop questioning me." From then on, they are not allowed to question you. If you implicitly request it by remaining silent, the police can question you indefinitely -- and anything you say is admissible in court no matter how long you remained silent prior to speaking. Since that was the Supreme Court, it should be applicable in all states and jurisdictions.
NOTE: I'm not a lawyer, this isn't legal advice, I just listen to CSPAN way too often. Happened to someone I know recently. I believe that they can even use your refusal to answer questions against you if you haven't invoked your right to remain silent.
I was once standing on the sidelines of a police formation as they were grouping to enter a crowd of partiers. As they began their march down the sidewalk , they held their batons horizontally , and they would swing left to right as they marched. When one of the officers passed me, he intentionally made sure his baton swing reached an extra foot or two , to strike me in my stomach as they all marched by in the formation .
I dare not say a word lest I be layed out in the ground by 20 officers . I didn't feel like getting arrested that night and unfortunately did not have a camera to record it. Now my camera is always on when the cops are nearby .
There's a reason they earn their reputation as pigs.
elektronic
Senior Member - 1K
posted: Jun. 6, 2012 @ 7:44a
cr3s said: SUCKISSTAPLES said: I've been pulled over twice within 500 feet of each other, and had to point to the cop behind me pulling out to tell the current officer that his buddy just finished harassing me..,,
Profiling is alive and well. And it's not just race ,it's the kind of car you drive too.
don't drive a candy apple green w/ sparkles Caprice on 24 while dressed like a crack dealer and you won't get pulled over.
but Bubbleking puts flakes in the paint for no extra charge
Speaking of which, slightly off topic, is there are good forum for the early 2000s Cadillac Devilles? They seem like a lot of car for the money, and edmunds doesn't list a whole lot of mechanical problems on them. I see a lot of folks from Soufeast DC and PGC driving them.
codename47
Senior Member - 3K
posted: Jun. 6, 2012 @ 7:46a
I'm glad it happened to this guy. He says he was a police supporter for years and was concerned for the cops, the only people likely to have guns in the situation. Like I said, police are so out of control now, it doesn't matter if you are white and the cop is black, if you are old, young, or a state supreme court judge. You too may have your rights violated.
Asked whether he intended to sue, Justice Raffaele said, “At this point, no, I don’t.” Apparently the judge hasn't learned his lesson.
When they first came upon the crowd, the judge said, he was immediately concerned for the officers and called 911. After he made the call, he said, he saw that one of the officers — the one who he said later attacked him — was repeatedly dropping his knee into the handcuffed man’s back.His actions, the judge said, were inflaming the crowd, some of whom had been drinking. But among others who loudly expressed their concern, he said, was a woman who identified herself as a registered nurse; she was calling to the officer, warning that he could seriously hurt the unidentified man, who an official later said was not charged.
What the crap? You get handcuffed and have knees dropped on you like it is WWF and you aren't even charged??? Good grief, the NYC cops have been out of control for decades, but this is absurd.
SUCKISSTAPLES
FW Historian
posted: Jun. 6, 2012 @ 8:17a
elektronic said: cr3s said: SUCKISSTAPLES said: I've been pulled over twice within 500 feet of each other, and had to point to the cop behind me pulling out to tell the current officer that his buddy just finished harassing me..,,
Profiling is alive and well. And it's not just race ,it's the kind of car you drive too.
don't drive a candy apple green w/ sparkles Caprice on 24 while dressed like a crack dealer and you won't get pulled over.
but Bubbleking puts flakes in the paint for no extra charge
Speaking of which, slightly off topic, is there are good forum for the early 2000s Cadillac Devilles? They seem like a lot of car for the money, and edmunds doesn't list a whole lot of mechanical problems on them. I see a lot of folks from Soufeast DC and PGC driving them. I just picked up a northstar Lac at the auction , bubble king pricing couldn't resist . They have a headgasket problem very common to them
Donedealzz
Senior Member - 3K
posted: Jun. 6, 2012 @ 8:56a
codename47 said: I'm glad it happened to this guy. He says he was a police supporter for years and was concerned for the cops, the only people likely to have guns in the situation. Like I said, police are so out of control now, it doesn't matter if you are white and the cop is black, if you are old, young, or a state supreme court judge. You too may have your rights violated.
Asked whether he intended to sue, Justice Raffaele said, “At this point, no, I don’t.” Apparently the judge hasn't learned his lesson.
When they first came upon the crowd, the judge said, he was immediately concerned for the officers and called 911. After he made the call, he said, he saw that one of the officers — the one who he said later attacked him — was repeatedly dropping his knee into the handcuffed man’s back.His actions, the judge said, were inflaming the crowd, some of whom had been drinking. But among others who loudly expressed their concern, he said, was a woman who identified herself as a registered nurse; she was calling to the officer, warning that he could seriously hurt the unidentified man, who an official later said was not charged.
What the crap? You get handcuffed and have knees dropped on you like it is WWF and you aren't even charged??? Good grief, the NYC cops have been out of control for decades, but this is absurd.
I agree with CN, file a lawsuit against the bully. Appeasement does not work.
longwood8
Senior Member - 1K
posted: Jun. 6, 2012 @ 9:35a
The year is '94 and in my trunk is raw In my rear view mirror is the mother f****n law I got two choices yall pull over the car or bounce on the double put the pedal to the floor Now I ain't trying to see no highway chase with j Plus I got a few dollars I can fight the case So I...pull over to the side of the road And I heard "Son do you know why I'm stopping you for?" Cause I'm young and I'm black and my hat's real low Do I look like a mind reader sir, I don't know Am I under arrest or should I guess some mo? "Well you was doing fifty five in a fifty four" "License and registration and step out of the car" "Are you carrying a weapon on you I know a lot of you are" I ain't stepping out of shit all my papers legit "Do you mind if I look round the car a little bit?" Well my glove compartment is locked so is the trunk and the back And I know my rights so you gon' need a warrant for that "Aren't you sharp as a tack are some type of lawyer or something?" "Or somebody important or something?" Nah I ain't passed the bar but I know a little bit Enough that you won't illegally search my shit "Well see how smart you are when the K-9's come"
I got 99 problems but a bitch ain't one
Hit me
elektronic
Senior Member - 1K
posted: Jun. 6, 2012 @ 10:20a
SUCKISSTAPLES said: elektronic said: cr3s said: SUCKISSTAPLES said: I've been pulled over twice within 500 feet of each other, and had to point to the cop behind me pulling out to tell the current officer that his buddy just finished harassing me..,,
Profiling is alive and well. And it's not just race ,it's the kind of car you drive too.
don't drive a candy apple green w/ sparkles Caprice on 24 while dressed like a crack dealer and you won't get pulled over.
but Bubbleking puts flakes in the paint for no extra charge
Speaking of which, slightly off topic, is there are good forum for the early 2000s Cadillac Devilles? They seem like a lot of car for the money, and edmunds doesn't list a whole lot of mechanical problems on them. I see a lot of folks from Soufeast DC and PGC driving them. I just picked up a northstar Lac at the auction , bubble king pricing couldn't resist . They have a headgasket problem very common to them
Interesting - "head gasket deville" turns up a lot of hits. The same engine block is still being used today in the DTS - there is no mention of them fixing the problem in later revisions. Looks like they made a Rev in 2000, and 2004 that fixed the problem, but no idea if the 2004 really fixed it or they haven't gotten the milleage on them to have the problem.
SUCKISSTAPLES
FW Historian
posted: Jun. 6, 2012 @ 10:30a
Yes after 2004 I've seen very few problem but it was definitely still a common problem on the 2000-2003 model deville
062703
Senior Member
posted: Jun. 6, 2012 @ 11:17a
SUCKISSTAPLES said: EvilCapitalist said: SUCKISSTAPLES said: ppatin said: fatwalletkat said: Last time I went through Tennessee the cops were waiting for you to cross the border so they could ticket you. Maybe if Tennessee devoted more man power to actual crime they wouldn't be high on the list for most dangerous state due to the murder/crime rate. If you decline to be searched, they will just detain you until they get a warrant. They win either way.
You cannot get a search warrant without probable cause, and you also can't detain a motorist for an extended period of time for no real reason. Yes but they will create a reason if you refuse
I've never heard of anyone who refused consent to search who was then simply allowed to leave. Never .
They call in the k9 car and of course he will alert, giving them justification to search or impound .And if that happens, I will gladly settle for a few hundred thousand dollars from the police department for a day ( at worst a weekend) in jail. If you have nothing, you don't end up in jail. The k9 alerts, cop searches your car and then you're in your way (if nothing is found ) or impounds it and you get to walk home. You'll be getting no settlement money for that
For the most part, people with nothing to hide consent to a search.
Even people who value their rights consent to search when they are told the k9 car will come out, again assuming they have nothing to hide
HORSESH!T!
People who don't want to be further inconvenienced, who do not want some stranger rifling through their personal belongings, who do not want their car trashed and left for them to clean up, will typically refuse consent to search.
riznick
Acrobatic
posted: Jun. 6, 2012 @ 11:35a
062703 said: HORSESH!T!
People who don't want to be further inconvenienced, who do not want some stranger rifling through their personal belongings, who do not want their car trashed and left for them to clean up, will typically refuse consent to search. He said "for the most part". I don't know if that's true or not, but it would be hard to call it horseshit.
It could be much more inconvenient to say "no". Every time that I said "yes", I was not ticketed.
SUCKISSTAPLES
FW Historian
posted: Jun. 6, 2012 @ 11:40a
You will be more inconvenienced, and delayed longer if you refuse the search. They will interrogate you as to why you are refusing. They may play the power trip card and handcuff you.
They do not tear up your car when you voluntarily welcome the search . I'm not saying you should welcome the search, ESP if you disagree with it. I'm just saying it's most often more inconvenient to refuse. Than to just let them have their fun and be on your way.
062703
Senior Member
posted: Jun. 6, 2012 @ 12:09p
SUCKISSTAPLES said: You will be more inconvenienced, and delayed longer if you refuse the search. They will interrogate you as to why you are refusing. They may play the power trip card and handcuff you.
They do not tear up your car when you voluntarily welcome the search . I'm not saying you should welcome the search, ESP if you disagree with it. I'm just saying it's most often more inconvenient to refuse. Than to just let them have their fun and be on your way.
Maybe in your experience. In mine they basically ransacked my truck, pulled everything out from behind the seat, the glove box etc and left in all in a pile on the seat for me to clean up.
Call me old fashioned, but I'd much rather someone forcibly butt rape me than tell them to do whatever they want.
Bryanhoop
Frivolous Member
posted: Jun. 6, 2012 @ 12:55p
JaxFL said: As the driver for this stretch, I had sheriffs deputies, wiith shotguns out, just south of Jackson Mississippi, on the way to Mardi Gras ( #2 or 3). Two cars boxed us in on a 2 lane road. I'm sure they saw open container once stopped, but luckily they didn't search, as I was traveling with others and who knows ( I do). Drunkin friends no doubt. To a certain degree luckily a loud mouth drunk friend was involved, and got jailed, or it coulda been me. Things were never the same. So close yet so far.
Though it didn't happen that time, always watch out for... You don't mind...?
I just read this and just wanted to let you know that you can drive around with open containers in Mississippi. As long as the driver isn't above the limit you're good to go.
marketingmike
Cranky Member
posted: Jun. 6, 2012 @ 3:57p
062703 said: Call me old fashioned, but I'd much rather someone forcibly butt rape me than tell them to do whatever they want.
I'd prefer neither. YMMV
SUCKISSTAPLES
FW Historian
posted: Jun. 6, 2012 @ 5:02p
marketingmike said: 062703 said: Call me old fashioned, but I'd much rather someone forcibly butt rape me than tell them to do whatever they want.
I'd prefer neither. YMMV Whatever floats your boat. I don't like k9s and I don't like waiting around . I also wouldnt like being butt raped and I don't have drug remnants or guns in my car , so they can play their game if they Want.
BradisBrad
Enthusiastic Member
posted: Jun. 7, 2012 @ 3:08a
SUCKISSTAPLES said: it was candy burgundy and only on 20s.
Heres a long video, but shows the underside of cops...especially telling is the part where the guy asks how to file a complaint
I have to believe that this and other videos like it are referencing the broken <1% of the police force. I have to or else I could lose faith in this country.
I'm a young, clean looking, and even well spoken white male and I feel like I'm in danger after watching this. It's scary as shit. I hear about instances similar to these in combat. Makes me sick then too. I completely support punishment when one of my fellow soldiers/sailors/marines/airmen is convicted of a war-crime. But that's war.
What really bothers me is that it seems that this perverseness surrounding abuse of power and authority resounds quite well in the streets of America just the same.
SUCKISSTAPLES
FW Historian
posted: Jun. 7, 2012 @ 3:15a
BradisBrad said: SUCKISSTAPLES said: it was candy burgundy and only on 20s.
Heres a long video, but shows the underside of cops...especially telling is the part where the guy asks how to file a complaint
I have to believe that this and other videos like it are referencing the broken <1% of the police force. I have to or else I could lose faith in this country.
I'm a young, clean looking, and even well spoken white male and I feel like I'm in danger after watching this. It's scary as shit. I can tell you it's definitely not 1% of cops who are like that. This is common . It's happened to me multiple times so it can't be a tiny outlier , and I'm well spoken and don't fit the profile of a criminal .
Hard to hazard a guess but I'd say that's typical behavior for 30-50% of them . And the part about asking how to file a complaint and getting the runaround or harassed must occur a majority of the time -heck it just happened to that Judge in the article linked above
BradisBrad
Enthusiastic Member
posted: Jun. 7, 2012 @ 3:25a
SUCKISSTAPLES said: I can tell you it's definitely not 1% of cops who are like that. This is common . It's happened to me multiple times so it can't be a tiny outlier , and I'm well spoken and don't fit the profile of a criminal .
Hard to hazard a guess but I'd say that's typical behavior for 30-50% of them . And the part about asking how to file a complaint and getting the runaround or harassed must occur a majority of the time -heck it just happened to that Judge in the article linked above
So logically thinking, how are we not inching towards revolution? I feel like I should be looking for one during my lifetime. Not just because of a power-abusing police force, but in the many other ways that this country has moved away from it's original principles. I simply don't understand. I really feel like I'm missing something.
riznick
Acrobatic
posted: Jun. 7, 2012 @ 5:19a
Another thing that is disturbing is how quickly and easily cops lie for each other.
saladdin
Senior Member
posted: Jun. 7, 2012 @ 6:35a
BradisBrad said: SUCKISSTAPLES said: it was candy burgundy and only on 20s.
Heres a long video, but shows the underside of cops...especially telling is the part where the guy asks how to file a complaint
I have to believe that this and other videos like it are referencing the broken <1% of the police force. I have to or else I could lose faith in this country.
I'm a young, clean looking, and even well spoken white male and I feel like I'm in danger after watching this. It's scary as shit. I hear about instances similar to these in combat. Makes me sick then too. I completely support punishment when one of my fellow soldiers/sailors/marines/airmen is convicted of a war-crime. But that's war.
What really bothers me is that it seems that this perverseness surrounding abuse of power and authority resounds quite well in the streets of America just the same.
1%? You are not even close.
saladdin
Senior Member
posted: Jun. 7, 2012 @ 6:37a
BradisBrad said: SUCKISSTAPLES said: I can tell you it's definitely not 1% of cops who are like that. This is common . It's happened to me multiple times so it can't be a tiny outlier , and I'm well spoken and don't fit the profile of a criminal .
Hard to hazard a guess but I'd say that's typical behavior for 30-50% of them . And the part about asking how to file a complaint and getting the runaround or harassed must occur a majority of the time -heck it just happened to that Judge in the article linked above
So logically thinking, how are we not inching towards revolution? I feel like I should be looking for one during my lifetime. Not just because of a power-abusing police force, but in the many other ways that this country has moved away from it's original principles. I simply don't understand. I really feel like I'm missing something.
You are missing medication. Go buy a cabin in Montana.
I too watched that whole video and, while none of it surprised me, it sure is infuriating nonetheless. Sadly, the video itself gives a pretty clear demonstration about the prevalence of this. That army of cops in riot gear marching on the park for the mass arrest looked like a lot more than 1%.
Speaking of which, anyone have any articles on what sparked that? It just seemed to insane to believe.
elektronic
Senior Member - 1K
posted: Jun. 7, 2012 @ 7:52a
If you want to get an idea of the percentages - go to the flyertalk travel safety and security forum - this is just the TSA, they aren't even cops.
HumDoHamaraDo
Happy Member
posted: Jun. 7, 2012 @ 8:27a
The only large organization to fight these thugs is the ACLU.
BradisBrad
Enthusiastic Member
posted: Jun. 7, 2012 @ 11:28a
saladdin said: BradisBrad said: SUCKISSTAPLES said: I can tell you it's definitely not 1% of cops who are like that. This is common . It's happened to me multiple times so it can't be a tiny outlier , and I'm well spoken and don't fit the profile of a criminal .
Hard to hazard a guess but I'd say that's typical behavior for 30-50% of them . And the part about asking how to file a complaint and getting the runaround or harassed must occur a majority of the time -heck it just happened to that Judge in the article linked above
So logically thinking, how are we not inching towards revolution? I feel like I should be looking for one during my lifetime. Not just because of a power-abusing police force, but in the many other ways that this country has moved away from it's original principles. I simply don't understand. I really feel like I'm missing something.
You are missing medication. Go buy a cabin in Montana.
Do they sell medication at cabins in Montana?
codename47
Senior Member - 3K
posted: Jun. 7, 2012 @ 11:57a
You will be more inconvenienced, and delayed longer if you refuse the search. They will interrogate you as to why you are refusing. They may play the power trip card and handcuff you. They do not tear up your car when you voluntarily welcome the search . I'm not saying you should welcome the search, ESP if you disagree with it. I'm just saying it's most often more inconvenient to refuse.
SIS is correct that you may be hassled more if you refuse. If they handcuff you now, they lose the power to search your vehicle, per Arizona v Gant, so that may actually be a good thing...well unless they go all Rodney King on you. I think it all depends on how prepared you are for an incident. If you have a recording device or even better, a video camera, or even better, a hidden video camera and know your rights and aren't intimidated easily, then you should be good.
Hard to hazard a guess but I'd say that's typical behavior for 30-50% of them . And the part about asking how to file a complaint and getting the runaround or harassed must occur a majority of the time -heck it just happened to that Judge in the article linked above
I agree that it is about half of all cops, when I compare my legal vs illegal stops/detentions.
I have to believe that this and other videos like it are referencing the broken <1% of the police force. I have to or else I could lose faith in this country.I'm a young, clean looking, and even well spoken white male and I feel like I'm in danger after watching this. It's scary as shit. I hear about instances similar to these in combat. Makes me sick then too. I completely support punishment when one of my fellow soldiers/sailors/marines/airmen is convicted of a war-crime. But that's war.What really bothers me is that it seems that this perverseness surrounding abuse of power and authority resounds quite well in the streets of America just the same.
You can have faith and believe in whatever you want, but those vids are simply reality. Being young, clean looking, well spoken white male doesn't play anymore. Just ask Terrance Huff: Terrance Huff
You are in danger, and it is scary, I suppose unless you are black or latino, in which case you have known about this sort of stuff for decades.
Combat is completely different. Yeah, you have your outliers such as abu grahib, but these are truely 1%ers and most of those morons went to jail. There was actual punishment. The soldiers didn't run to their union rep or reference their collective bargaining agreement. Look at military Justice in My lai. Yes, there was an initial coverup, but LT William Calley was initially sentenced to life by a military jury. Most of the officers involved in the coverup were demoted, careers were ended, or left the military on bad terms. That is the difference, oh that and the fact that you are facing a fanatical enemy with RPG's, suicide vests, grenades, AK47's, artillery, IED's, 50 cal sniper rifles vs someone in a traffic stop.
The Philly police dropped a bomb on a house, killed 11 people nearly half of them children, and the resulting fire burned down 65 houses because the police refused to let the firefighters put out the fire and nobody was charged, much less went to jail.
codename47 said: The Philly police dropped a bomb on a house, killed 11 people nearly half of them children, and the resulting fire burned down 65 houses because the police refused to let the firefighters put out the fire and nobody was charged, much less went to jail.
I remember as a kid in the Philly 'burbs thinking the whole MOVE incident made no sense whatsoever. Now as an adult, it makes even less.
corporateclaw
Tired Member
posted: Jun. 7, 2012 @ 12:30p
My wife's vehicle was struck while it was parked on the side of a highway once, so she's scared to do so when she gets pulled over, so at some point she decided that she was going to pull off at an exit and stop if was ever pulled over again. This happened like 2 months ago, and the cop completely freaked out, tried to run her off the road, and basically lost it. I figured that was how it would happen, but I've also always wondered by police don't tell you to do that for traffic stops -- even if you completely take the person being pulled over out of the equation, if you are a cop pulling somebody over for going 2 miles over the speed limit, why in god's name do you want to be standing on the side of a highway with cars driving past at 100 mph? Seems dangerous to me.
DoctorDeals said: codename47 said: The Philly police dropped a bomb on a house, killed 11 people nearly half of them children, and the resulting fire burned down 65 houses because the police refused to let the firefighters put out the fire and nobody was charged, much less went to jail.
I remember as a kid in the Philly 'burbs thinking the whole MOVE incident made no sense whatsoever. Now as an adult, it makes even less.
Did you know that the Philly police department was the only metropolitan police department that attended the SALT2 talks?
BradisBrad
Enthusiastic Member
posted: Jun. 7, 2012 @ 12:47p
codename47 said: Combat is completely different. Yeah, you have your outliers such as abu grahib, but these are truely 1%ers and most of those morons went to jail. There was actual punishment. The soldiers didn't run to their union rep or reference their collective bargaining agreement. Look at military Justice in My lai. Yes, there was an initial coverup, but LT William Calley was initially sentenced to life by a military jury. Most of the officers involved in the coverup were demoted, careers were ended, or left the military on bad terms. That is the difference, oh that and the fact that you are facing a fanatical enemy with RPG's, suicide vests, grenades, AK47's, artillery, IED's, 50 cal sniper rifles vs someone in a traffic stop.
It disturbs me that we are always lumped in with the police. I don't see near as much corruption in the lower-ranks of the military as there are in the lower-ranks of the police force. I don't know why I'm trying to compare the two. I just sort of.. feel betrayed.
codename47 said: The Philly police dropped a bomb on a house, killed 11 people nearly half of them children, and the resulting fire burned down 65 houses because the police refused to let the firefighters put out the fire and nobody was charged, much less went to jail.
That's just sickening. In combat that would be a war crime and a courts martial for someone, somewhere. I guess I don't see the union aspect either. In the military there's always someone higher up to complain to, namely the Inspector General. But it seems like if you were truly harassed by a police officer you have slim to no chance of seeing a conviction on a guilty officer, especially with no video evidence. I don't even know who you could appeal to.. Your state's governor? Senators? It just seems like we really failed with checks and balances here.
codename47
Senior Member - 3K
posted: Jun. 7, 2012 @ 1:00p
No, there are some checks in place, and it depends on if you are talking about administrative action such as firing, suspensions, or reprimands vs criminal indictments vs civil rights claims.
The union aspect is huge. They protect bad cops and make it nearly impossible to fire/discipline cops.
If you are harassed by a cop, you could complain to the local prosecutor, state police, or FBI. You would need a very good case, particularly with the FBI, video or audio evidence plus severe damages like someone injured in the hospital or dead before the FBI opens a CRIMINAL civil rights case. A bad traffic stop typically won't cut it unless it is part of a larger pattern of abuse/harassment (Think sherrif Joe in AZ)
Beating the cops down in Federal court on a 42 USC 1983 case is usually the preferred approach and most promising for the majority. It can result in a judgment against the individual officer. That will typically give them pause as well as the city forking over money tends to change policies and illegal practices from what I have seen. Look at Philly where they arrested a guy at gun point who was legally open carrying. They paid him 50k and had multiple retraining and police notifications sent out to try to avoid that.
NikeFace
Member
posted: Jun. 12, 2012 @ 6:28p
Here is a good one that I'm not particularly proud of it. I'm a pretty straight dude.
I grew up in a small town and like most teenagers in my town, I smoked bud. I was 17 and my older cousin who was in his early 20s grew his own. He never sold any of it except to me twice a yr. Essentially, he got so good at it that a couple of dank plants yielded too much for him so he would give me a quarter pound for $400. Keep in mind this was '97 when dank went for ~350-420 per ounce. I never made a penny off it (yes I do regret that). Three friends and I would scrap up 100 each twice a year. And needless to say, we were ballers! Just background info so you don't judge...
My cousin lived less than a mile from me so surprisingly enough I was smart enough to walk each time and never drove- except for once... I get pulled over less than .5 miles from my house, of course. 17 yrs old w/ QP in my trunk. Its about 100 degrees out.
Two cops in the car. Cop driving gets out and I know him, "thank god." Graduated a few years before me, but often played street hockey so "I'm all good." He walks up and sees me. He simply says "your tail light is out (I'm an idiot); I'm training so let me just go through the motions and sure he'll let you go being so close to home." I'm thinking training, not good. Praying my parents don't drive by. Meanwhile I'm sitting in my car, so friggin hot, I start to smell that stench. Keep in mind it's in my locked trunk... Not good.
He gets out, and so does the senior office. Friendly smiles from both. Senior comes to passenger window, gives me the standard lecture, starts to say bye, then - "have you been smoking?" Shit...
Buddy looks at me and goes blank. Sucks to be me, and him at this point. I get out, he asks to search and I say "no." He's glaring in mumbling about how I should consent. "Nope." He says "I can simply call k9." As respectful as possible I ask "do we even have one in this town?" He stares at me and says "no but surrounding towns do." Now, I'm only 17, but this just doesn't seem right. I stick to my refusal. As I'm telling him no search, he opens my door, and starts searching. He tries to open my glove compartment, its locked, I have no clue why but turns out it was a blessing because trunk button is in there. Tells me "i want to search trunk." I deny. He takes my keys and manually opens trunk, 1 min later pulls out the bag, puts cuffs on me. How a neighbor never drove by I don't know.
Heres the thing and not sure this is even legal: When I got pulled over they pulled up in front of me. I chalk it up to my buddy's rookie mistake. But now I'm thinking illegal search or not, this isn't on video because they're not behind me so now it's my word against his. I'm f'ed.
I start screaming "this is an illegal search. You had reason to search as my glovie and trunk were locked. Illegal!" I wasn't really sure if I was right. I just kept screaming "illegal." The cop came back, uncuffed me, dropped the bag in the storm drain, threw my license in my car, and simply left w/o a word. I'm free!
Next day I'm going for a jog and there he is sitting there at end of my road... I got pulled over 9 times in the next 2 summer months. If my friends left my house, they got pulled over. Can't even count. The following year, senior year, I got pulled over another 10+ times. It wasn't always him so clearly I was a target. Needless to say, we never hung out at my house and going to college was a friggin blessing. I just took it on the chin rather than come clean to my parents. Still look over my shoulder when visiting my parents and it's been 15 yrs!
Stupid but valuable lesson for all!
arktc
Nerdy Member
posted: Jun. 13, 2012 @ 2:30p
riznick said: Happened to someone I know recently. I believe that they can even use your refusal to answer questions against you if you haven't invoked your right to remain silent.
That's why you invoke the Fizzifth.
NikeFace said: I start screaming "this is an illegal search. You had reason to search as my glovie and trunk were locked. Illegal!" I wasn't really sure if I was right. I just kept screaming "illegal." The cop came back, uncuffed me, dropped the bag in the storm drain, threw my license in my car, and simply left w/o a word. I'm free!
I know someone who got stopped by CBP, but not at a border. Apparently CBP has jurisdiction a certain number of miles from the border, which includes 75% of the US population because it includes water borders, and this happened quite a bit in from the border at a CBP checkpoint. They had never left the country.
He was stupid, and his passengers were stupid (they were all upper class white and not used to dealing with the popo, federal or otherwise), so through a variety of circumstances that never should have happened if they were smart, the drug dog ended up sitting inside their car and pointing to their weed. The CBP officer let them throw the weed in a dumpster or other irretrievable place and let them go on their way. I wonder if that would have happened if they had darker skin, although at least most immigrants and their kids have dealt with CBP (or its predecessors) off the Boeing and probably wouldn't have been dumb enough to end up in this scenario.
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