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Two questions for the price of one!

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  • Two questions for the price of one!

    Two things I am curious about.

    What happens if your PC to stop a vehicle doesn't pan out and you ended up finding dope or a drunk? For example, you pull a vehicle over for tint and once you meter it you find out that the tint is within legal limits however the driver is drunker than Tootie Brown?

    Also, I see some videos with K9's scratching the heck out of vehicles and with cops using their flashlights or Asps to beat on doors to get people to come to them. There is no way that this isn't causing some damage. Does the PD or SO have to pick up the tab for a car buffing or new door if their employee damages them?

  • #2
    Tactics are not discussed, nor should they be.
    Now go home and get your shine box!

    Comment


    • #3
      Originally posted by CCCSD View Post
      Tactics are not discussed, nor should they be.
      What tactics? What does whether or not a PD or SO would pay for damage done while knocking on a door or having a K9 search a vehicle have to do with tactics?

      Comment


      • #4
        It's up to the individual agency as to whether or not they will pay for damages.

        As for your scenario in the stop, there's a legal term called the good faith doctrine. As long as an officer can reasonably explain the stop, it's good to go. Now, whether or not it would be suppressed in a court hearing is up to 2 lawyers and a judge.

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        • #5
          Tactics: the way things are done and the why.
          Now go home and get your shine box!

          Comment


          • #6
            You had "Reasonable Suspicion" to detain the vehicle ( a lower standard than probable cause), just because you didn't have probable cause to cite the actual offense your initial detention is still valid and therefore what ever you might find before that reasonable suspicion abates is good to go.

            As for the damages you ask about, an asp tap on the window causes no harm if done right. If there is any damages caused during our interaction you may submit a claim form to the department. Executives will consult with legal and decide to pay or deny your claim. If the claim is denied you're free to file a lawsuit if you still believe you are owed damages.
            Today's Quote:

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

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            • #7
              Originally posted by CCCSD View Post
              Tactics are not discussed, nor should they be.
              Fortunately your belief doesn't carry over to all others on this forum.

              Comment


              • #8
                Originally posted by CCCSD View Post
                Tactics are not discussed, nor should they be.
                What tactics? They're questions with widely known answers.

                If you feel like an answer shouldn't be given, don't post. There is no obligation.

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                • #9
                  Originally posted by Sierra259 View Post
                  What tactics? They're questions with widely known answers.

                  If you feel like an answer shouldn't be given, don't post. There is no obligation.
                  Thanks, I didn't feel as though I was asking anything that was of a tactical nature or in any way involve officer safety. The stuff I was finding in my searches was about damage done during raids and warrant service and not just a regular knock on the door type of stuff.

                  The good faith exception makes sense as well although I could see a defense attorney fighting it.

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                  • #10
                    Originally posted by mdrdep View Post
                    You had "Reasonable Suspicion" to detain the vehicle ( a lower standard than probable cause), just because you didn't have probable cause to cite the actual offense your initial detention is still valid and therefore what ever you might find before that reasonable suspicion abates is good to go.

                    As for the damages you ask about, an asp tap on the window causes no harm if done right. If there is any damages caused during our interaction you may submit a claim form to the department. Executives will consult with legal and decide to pay or deny your claim. If the claim is denied you're free to file a lawsuit if you still believe you are owed damages.

                    Read that 20 times ^^^^^^^

                    99% of the agencies will use those procedures
                    Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                    • #11
                      Case law isn't tactics, nor is civil liability. Weird response.

                      Anyway, MrDep is right. RS is fine to detain right up until you no longer have it. RS that the tint is too dark, you approach, find out the guy is drunk before you meter it, everything is cool. Meter it, find out its within legal limits, and continue to hold him without any additional RS, and the stop is no longer good unless you get consent to extend it (hey, your tint checked out ok and you're free to go, but before you do would you mind if I recited a few selections from my lasted poetry journal entries to you as I search your trunk? K, thx.)

                      Anything you find out after you've exhausted your RS will be chucked if you didn't get consent at that point.
                      I miss you, Dave.
                      http://www.odmp.org/officer/20669-of...david-s.-moore

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                      • #12
                        Mr. OP: Now that your question has been answered, I have one for you. What's your particular agenda??

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                        • #13
                          My agenda was to have two questions answered. Thanks for the replies!

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                          • #14
                            Yeah right. Glad you're satisfied though.

                            Comment


                            • #15
                              CC,

                              That's the reason for my answer. This was agenda driven, and it's stupid to feed them. A lot of you tend to just whip out answers, not understanding WHY it's being asked. Why screw some cop over just so you can feel good about answering?
                              Now go home and get your shine box!

                              Comment

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