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“We’re going to start over here in this corner. We’re going to work our way around, and if we go by, if you’re clean, you get to go out the front door.”
originally posted by: theyknowwhoyouare
a reply to: Sublimecraft
That's the law. Doesn't matter to them anymore though. They will push their boundaries until they are forced to stop. If its okay once they will do it as often as they please.
"it's a known meth & heroin distribution bar. Its been under investigation for over a year...with over 5 people under 21 dead from being there & its a BAR you must be 21 to ENTER. They have violated the law serving minors. BUSTED F***TARDS! I hope they all go to prison & shut it down...too many kids DEAD from this place"
"Seems to me that someone has probably told police illegal stuff is going on. There is a post from december were someone is saying you can get a coke or heroin hookup. Maybe the owners should pay more attention to what their patrons are doin. I find it very hard to believe they were raided for no reason.
15.1 Did the Officer Seize the Defendant?
The Fourth Amendment prohibits an officer from stopping, or “seizing,” a person without
legally sufficient grounds, and evidence obtained by an officer after seizing a person may
not be used to justify the seizure. See FARB at 23. It is therefore critical for Fourth
Amendment purposes to determine exactly when a seizure occurs.
A. Consensual Encounters
“Free to Leave” Test. As a general rule, a person is seized when, in view of all of the
circumstances, a reasonable person would have believed that he or she was not “free to
leave.” See United States v. Mendenhall, 446 U.S. 544 (1980); Florida v. Royer, 460 U.S.
491 (1983); see also Florida v. Bostick, 501 U.S. 429 (1991).....
....A seizure clearly occurs if an officer takes a person into custody, physically restrains the
person, or otherwise requires the person to submit to the officer’s authority. An encounter
may be considered “consensual” and not a seizure, however, if a person willingly
engages in a conversation with an officer.
Factors. Factors to consider in determining whether an encounter is consensual or a
seizure include:
• number of officers present
• display of weapon by officer
• physical touching of defendant
• use of language or tone of voice indicating that compliance is required
• holding a person’s identification papers or property
• blocking the person’s path
A. Reasonable Suspicion
Officers may make a brief investigative stop of a person—that is, they may seize a
person—if they have reasonable suspicion of criminal activity by the person.
B. High Drug Areas
Presence in a high-drug area, standing alone, does not constitute reasonable suspicion.
Compare cases finding stop valid (State v. Butler, 331 N.C. 227, 415 S.E.2d 719 (1992);
State v. Cornelius, 104 N.C. App. 583, 410 S.E.2d 504 (1991)) with cases finding stop
invalid (Brown v. Texas, 443 U.S. 47 (1979); State v. Fleming, 106 N.C. App. 165, 415
S.E.2d 782 (1992)).
E. “Plain Feel” and Frisks for Evidence
General Prohibition. An officer who stops a person on reasonable suspicion may not
frisk the person for evidence. See Ybarra v. Illinois, 444 U.S. 85 (1979).
A. Probable Cause
Required for Arrest or Search. Although reasonable suspicion may be sufficient to
support an officer’s initial stop and investigative actions, an officer must have probable
cause to make an arrest or to search for evidence (absent consent to search, discussed
below). See, e.g., State v. Wise, 117 N.C. App. 105, 449 S.E.2d 774 (1994)
Voluntariness of Consent. Consent must be voluntary. See Schneckloth v. Bustamonte,
412 U.S. 218 (1973) (voluntariness determined from totality of circumstances); United
States v. Worley, 193 F.3d 380 (6th Cir. 1999) (defendant did not give voluntary consent
when he said, “You’ve got the badge, I guess you can” in response to officer’s request to
search); United States v. Washington, 151 F.3d 1354 (11th Cir. 1998) (officer’s show of
authority on bus was sufficiently coercive to render passenger’s consent involuntary in
absence of indication from officer that consent could be refused); Carmouche v. State, 10
S.W.3d 323 (Tex. Crim. App. 2000) (consent to search involuntary when defendant was
surrounded by officers, backed against hood of car, and told to assume position).
Withdrawal of Consent. A person may withdraw consent at any time prior to
completion of the search. See 3 LAFAVE § 8.1(c), at 631–34.
originally posted by: IntroduceALittleIrony
a reply to: theyknowwhoyouare
Came across an article talking about this.
"it's a known meth & heroin distribution bar. Its been under investigation for over a year...with over 5 people under 21 dead from being there & its a BAR you must be 21 to ENTER. They have violated the law serving minors. BUSTED F***TARDS! I hope they all go to prison & shut it down...too many kids DEAD from this place"
another comment from the article reads:
"Seems to me that someone has probably told police illegal stuff is going on. There is a post from december were someone is saying you can get a coke or heroin hookup. Maybe the owners should pay more attention to what their patrons are doin. I find it very hard to believe they were raided for no reason.
Perhaps there is more to this than we outsiders know, unless we have a member who lives there and knows this bar well.
originally posted by: RoScoLaz4
a reply to: theyknowwhoyouare
yet more gestapo crap dressed up as policing. they will suffer consequences, eventually.
originally posted by: kicked
a reply to: Sremmos80
It's a very simple matter of asking if i'm under arrest. If the answer is yes, then i would comply. If the answer is no, then they can't do anything to me.
originally posted by: FraggleRock
originally posted by: roadgravel
Don't they need a warrant to search the people unless arrested?
I thought they did, at least once upon a time. Though who is going to risk challenging them? We all see the countless stories of what happens to people who don't comply with police orders.