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  • #31
    Originally posted by SgtScott31 View Post
    Leesrt....last I checked Terry search for weapons with ARS applies to person & immediate reach area of vehicle. It's done every day.
    Unless you are going to search the car while they are in it the supreme court says no.
    That's why they stated the search incident to arrest doesn't apply to the car anymore. If they are out of the car there is nothing in the car that poses a threat.

    If I can't build a PC search its not worth stretching Terry to do it. I don't want to have the case that creates new case law that further hinders our ability to catch bad guys.
    Due to the Juvenile bickering and annoying trolling committed by members of this forum I have started an igore list. If your name is listed below I can't see you.

    CityCopDC, Fire Moose, Carbonfiberfoot, Damiansolomon

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    • #32
      Originally posted by kcso View Post
      What I said was



      As an officer, I would think you would know that and I wouldn't have to explain it.
      My bad. *I* would think that as an Officer you'd be able to articulate your meaning better. I'm sure your reports articulate something other than "I had a feeling"
      sigpic

      I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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      • #33
        Originally posted by Smurfette_76 View Post
        My bad. *I* would think that as an Officer you'd be able to articulate your meaning better. I'm sure your reports articulate something other than "I had a feeling"
        Kcso,
        She has a point. We can only go by what you type.
        Due to the Juvenile bickering and annoying trolling committed by members of this forum I have started an igore list. If your name is listed below I can't see you.

        CityCopDC, Fire Moose, Carbonfiberfoot, Damiansolomon

        Comment


        • #34
          Originally posted by Smurfette_76 View Post
          My bad. *I* would think that as an Officer you'd be able to articulate your meaning better. I'm sure your reports articulate something other than "I had a feeling"
          Didn't I say I was sorry and tried to clear up what I said? You aren't too forgiving are you? Besides, this isn't a report writing contest, this is an informal police forum where most police officers don't need to be spoon fed. In the future, for you, I will try to be more articulate so you won't feel the need to argue with me about everything.
          sigpic

          " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

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          • #35
            Originally posted by leesrt View Post
            Unless you are going to search the car while they are in it the supreme court says no.
            Oh, so we can only search a vehicle while they are still in the car? That doesn't sound too safe. I'm not sure that's what you meant, I'm just going on what you typed.
            sigpic

            " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

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            • #36
              Have you ever run into an Officer that "thinks" they are doing something right, but you know they aren't? That's how I viewed your post and I said so. You did clarify. You also tossed a barb in about how "I" should know. I do know, but since you articulated so poorly, I thought you didn't and was going to pass along what I thought was helpful information. No worries. I will remember in the future that you cannot accept constructive critism.
              sigpic

              I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

              Comment


              • #37
                KCSO,

                According to the most recent SCOTUS ruling she is correct...once you remove the suspect from the vehicle, absent other circumstances such as searching for fruits of the crime, you cannot do a search of the vehicle incident to arrest. The court has ruled that once the folks are out of the vehicle, absent those above circumstances there is no "officer safety" issue to warrant the searching of the vehicle.

                Warrant lock up? Suspended driver lockup? No SIA. Inventory yes. You snatch somebody with the odor of weed in the car? Got plain view fruits of the crime? Game on. Hook a DUI/DWI? Possibly game on.

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                • #38
                  Originally posted by leesrt View Post
                  Unless you are going to search the car while they are in it the supreme court says no.
                  That's why they stated the search incident to arrest doesn't apply to the car anymore. If they are out of the car there is nothing in the car that poses a threat.

                  If I can't build a PC search its not worth stretching Terry to do it. I don't want to have the case that creates new case law that further hinders our ability to catch bad guys.

                  Career change, I think these two are actually talking about two separate issues.

                  Leesrt, I believe the Sarge is referring to the frisk of a vehicle for weapons, not having anything to do with SIA. It's articulable through issues like furtive movement....it falls under Michigan V/S Long. The Gant ruling is a different issue.
                  sigpic

                  I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

                  Comment


                  • #39
                    Originally posted by Smurfette_76 View Post
                    Have you ever run into an Officer that "thinks" they are doing something right, but you know they aren't? That's how I viewed your post and I said so. You did clarify. You also tossed a barb in about how "I" should know. I do know, but since you articulated so poorly, I thought you didn't and was going to pass along what I thought was helpful information. No worries. I will remember in the future that you cannot accept constructive critism.
                    Yeah, you did say so, but I think it was your invidious tone that may have masked your helpful intent. If you didn't understand what I meant, or if you needed clarification, then simply ask. There's no need to go western on me. Consider the 'constructive critism' parts of your statements accepted, all the rest has been 86'd.
                    sigpic

                    " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

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                    • #40
                      Originally posted by careerchange#2 View Post
                      KCSO,

                      According to the most recent SCOTUS ruling she is correct...once you remove the suspect from the vehicle, absent other circumstances such as searching for fruits of the crime, you cannot do a search of the vehicle incident to arrest. The court has ruled that once the folks are out of the vehicle, absent those above circumstances there is no "officer safety" issue to warrant the searching of the vehicle.

                      Warrant lock up? Suspended driver lockup? No SIA. Inventory yes. You snatch somebody with the odor of weed in the car? Got plain view fruits of the crime? Game on. Hook a DUI/DWI? Possibly game on.
                      I never disagreed. I was only being sarcastic in my response to him on how he worded it.
                      Last edited by kcso; 10-07-2009, 12:57 AM.
                      sigpic

                      " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

                      Comment


                      • #41
                        Originally posted by Smurfette_76 View Post
                        Career change, I think these two are actually talking about two separate issues.

                        Leesrt, I believe the Sarge is referring to the frisk of a vehicle for weapons, not having anything to do with SIA. It's articulable through issues like furtive movement....it falls under Michigan V/S Long. The Gant ruling is a different issue.
                        Your right but I'm assuming they are out of the car already. It all depends on when and where you see it.
                        Due to the Juvenile bickering and annoying trolling committed by members of this forum I have started an igore list. If your name is listed below I can't see you.

                        CityCopDC, Fire Moose, Carbonfiberfoot, Damiansolomon

                        Comment


                        • #42
                          Originally posted by careerchange#2 View Post
                          KCSO,

                          According to the most recent SCOTUS ruling she is correct...once you remove the suspect from the vehicle, absent other circumstances such as searching for fruits of the crime, you cannot do a search of the vehicle incident to arrest. The court has ruled that once the folks are out of the vehicle, absent those above circumstances there is no "officer safety" issue to warrant the searching of the vehicle.

                          Warrant lock up? Suspended driver lockup? No SIA. Inventory yes. You snatch somebody with the odor of weed in the car? Got plain view fruits of the crime? Game on. Hook a DUI/DWI? Possibly game on.
                          Thats why it should be policy to tow and inventory every vehicle when an arrest is made. Not my fault they carry their bag of weed in the center console. Even if the vehicle is released to another party the vehicle should be inventoried. Not trying to invade their privacy jsut trying to keep my department from getting the blame of stolen goods.

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                          • #43
                            Originally posted by leesrt View Post
                            Your right but I'm assuming they are out of the car already. It all depends on when and where you see it.
                            If they are out of the car does not make the difference. The difference is if they may be returning to the car. A frisk for officer safety presumes they will return to the car and therefore may have access to a weapon. If they are arrested then obviously they will not be returning to the car and viola "Gant vs. Arizona" comes to play.......
                            Today's Quote:

                            "The difference between stupidity and genius is that genius has its limits."
                            Albert Einstein

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                            • #44
                              i think smurfette and kcso are married
                              "I don't go on "I'maworthlesscumdumpster.com" and post negative **** about cum dumpsters."
                              The Tick

                              "Are you referring to the secret headquarters of a fictional crime fighter or penal complex slang for a-$$hole, anus or rectum?"
                              sanitizer

                              "and we all know you are a poser and a p*ssy.... "
                              Bearcat357 to Dinner Portion/buck8/long relief

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                              • #45
                                Originally posted by crass cop View Post
                                i think smurfette and kcso are married
                                That's hilarious. If we were married, do you really think, after all that, that I'd be able to sit here and type stuff on the computer with two black and swollen eyes?
                                sigpic

                                " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

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