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December 27th, 2020, 09:29 AM #11Super Member
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Montco,
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Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
Even when there are exigent circumstances? I usually agree with you, but if some little kid is screaming from a locked trunk on a hot summer day, I don't think the cops should need a warrant to pop the trunk.
[edit] Yes, it can be abused: "I heard something from the trunk, but then found all this marijuana!!!" But that's why we have top dollar lawyers!
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December 27th, 2020, 09:33 AM #12
Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
So now what....seize and impound the the vehicle until a warrant is produced to allow for a search?
There are no pacts between lions and men.
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December 27th, 2020, 10:09 AM #13
Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
Cops can search whatever they want, the issue is whether they can use the evidence they find against us in court.
If a cop hears banging from inside the trunk, nothing stops him from getting that trunk open and rescuing the kidnapped woman or child or chickens or loose tire iron. He saves a life, maybe. Or he faces a Section 1983 lawsuit later, if he was wrong. The issue is whether he can use that evidence against the driver (you'd expect that the freed kidnapee might be willing to testify in any event.)
It's possible that every car being mobile is itself an exigent circumstance.
The truth is that it's not hard at all to get a friendly judge to issue a warrant, based upon alleged "smell of weed" or "furtive movements" or "guilty demeanor" or whatever buzz words seem to work best these days; so this is a paperwork issue more than a liberty issue.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 27th, 2020, 03:40 PM #14
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December 27th, 2020, 03:42 PM #15
Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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December 27th, 2020, 04:19 PM #16
Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
Doesn't reasonable suspicion still equal exigent circumstance?
I don't speak English , I talk American!
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December 27th, 2020, 05:59 PM #17
Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
Not exactly.
Suppose you got stopped for weaving, suspected DUI. You do a field sobriety test and pass it, The officers had better not searched your vehicle without your permission. They had probable cause because they had reason to believe you were under the influence, but they did not have exigent circumstance because there was no danger of you hurting anyone or leaving or destroying evidence while they had you out talking to you.
This could actually protects us of many things once we are pulled out of the vehicle, unless they suspect there's a bomb or something in the vehicle.
Suppose you got stopped for something and the officer asks you if you have a weapon, you have not renewed your LTCF because of Covid but you answer yes anyway, he pulls you out to search you and finds nothing on you because your gun is in the center console. If he continues searching the vehicle to find the gun he just broke the law. He may think a crime is being committed but there's no immediate need to search the vehicle without a warrant.Last edited by ray h; December 27th, 2020 at 06:10 PM.
The Hostler
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January 2nd, 2021, 11:34 AM #18Super Member
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Not in NJ, MD, CT or NY, USA
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Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
My GGG Grandpappy,front row (20th NC, Co. F.) and Family Circa 1900.
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January 2nd, 2021, 01:05 PM #19
Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
Once qualified immunity is removed completely then government paid employees including the police will go back to being somewhat acceptable. Until then the downward spiral of lawlessness will continue.
Corruption is the default behavior of government officials. JPC
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January 2nd, 2021, 09:43 PM #20Grand Member
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DeepInTheWoods,
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Re: Pa. Supreme Court alters police rules for warrantless vehicle searches
American by BIRTH, Infidel by CHOICE
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