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Originally posted by thisguyrighthere
reply to post by SyphonX
Under duress and threats is the new "consent."
Originally posted by Xcathdra
The search was by consent...
The roablock stopped every car meeting established criteria...
Both sides have valid arguments, making the action subject to court interpretation within existing laws and case laws. The argument by the police is going to be investigative detentions based on credible information, and since the criminal was located it should be interesting to see how this plays out.
For this the term people need to be familiar with is "good faith exception"
Originally posted by mysterioustranger
reply to post by Danbones
Link? Are you serious? Legal detention. Public safety. Look it up.
Being detained for no reason given for a certain amount of hours and THEN being released.
Im not doing the work for you...look it up.
Originally posted by mysterioustranger
Nope. Legal detention and public safety preceeds individual rights. They were released right? Then there was no offense on the part of legal detention.
Originally posted by babybunnies
Originally posted by mysterioustranger
Nope. Legal detention and public safety preceeds individual rights. They were released right? Then there was no offense on the part of legal detention.
Amen. You can bet if the police did NOT do this, and this guy hurt someone else, there would also be a lawsuit.
An officer cannot enter and search or continue to search premises if consent is given under duress or withdrawn before the search is completed.
Section 7. Security of person and property searches seizures warrants. The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.
Section 1. Vestment of political power. All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.
“Most of the adults were handcuffed, then were told what was going on and were asked for permission to search the car,” Fania said. “They all granted permission, and once nothing was found in their cars, they were un-handcuffed.”
I was there, no one was mad, therefore no "offensive" was made, what if these Coloradans wanted to genuinely help catch a criminal and so they agreed to particiapate in the search for him, out of respect for the cops trying to put him away.
“We didn’t have a description, didn’t know race or gender or anything"
The roablock stopped every car meeting established criteria...
Originally posted by Jean Paul Zodeaux
reply to post by ElohimJD
I was there, no one was mad, therefore no "offensive" was made, what if these Coloradans wanted to genuinely help catch a criminal and so they agreed to particiapate in the search for him, out of respect for the cops trying to put him away.
These Colorado people could have just as easily helped with the investigation without being handcuffed before helping, and if none of them were "offended" by the unlawfulness of the arrests then those calling them sheep are correct to do so. Like sacrificial lambs to the alter these people line up and gladly sacrifice their freedom for some unlikely notion of security.