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All 17 posts   Subject: Illegal search makes cops backpedal   Please login to post   Down

(Hive Martyr)
10-23-04 23:54
No 537362
User Picture 
      Illegal search makes cops backpedal     

OK, now this isnt a story about me or anythingwink, but I do believe the sun shines on every dogs ass at least once.

Sometimes its better to be calm and courteous when being forced to comply with LEO's orders, (even if you know their illegal and unjust.)
Some degenerate scumbag just happened to sell swim some excellent car audio speakers for around $100.00(us). These 2 10" 2004 fosgate subwoofers came to swim in a custom made box meant 2 fit into a full-size pickup truck. So anyways, swim really hates the scummy speaker seller, but because this dweeb is homeless and hurting, swim buys the box+2x10's, only to have this same scum appear outside his house asking for the box back.
Not having a full-size truck to bump these punch 10's Swim quickly tells said scum..,"Yeah whatever, I'll get your box to you tommorrow or so.
The whole encounter takes 20-30 seconds and swim never woulod allow this character over or especially inside his residence.

Next thing swim sees through his blinds in his room, is that two uniformed officers are now at the end of swims walkway or more like in the middle of his lawn with 2 cops pointing guns at this scumbag. Not knowing why they would be busting him , especially in front of swims house, swim unfortunatley sees one of the cops creeping towards his security door,(which by the way never was unlocked even from the beginning of scumbag man's initial ring of the doorbell. But this cops bangs on the screen and swim opens the door.
With a Glock pointed directly at swims head the cop demands for swim to open the door NOW!
Swim says,"See this pitbull, he'll attack you if swim opens the door." 
So the cops yells put it in a room and open the door.

So swim puts the dog away and opens the door. All of a sudden, swim thrown against the side of the house and handcuffed while (without anyones consent), 2 cops do a room 2 room sweep and find hanging in swims closet about an ounce of bud drying and an empty crankpipe on the floor of swims room.
Since swims brother is a highway patrolman, swim begins barking orders to his detained, yet not cuffed girlfriend, to get the cordless phone and call swims brother now!

While this is happening, swim learns that this scumbag had just stolen a car from some people across town and unwittingly had the cars owner following this scum , talking to the cops and following from a distance.

So once swim finds out what this bastard has done, he quickly explains to one of the cops that this scum isnt a friend of his, & that he wasnt ever inside swims house, or even close enough to his porch to ever even give the impression that he was inside or just coming or going.
But Since they caught him in the act of taking it and reported this scums description to their dispatch, swim was taken out of cuffs and allowed to talk to his LEO brother and after giving him a play by play, he tells swim to tell these cops that anything they may have seen or may sieze is the product of an illegal search and that if even one of these cops (who now are waiting for the detective to process the stolen auto and possibally to search swims room) , even sets foot inside the house that @$#$ @%##@%%#@ <-lawyers name;; will be called and a lawsuit will follow.
After hearing who swims brother is and that they just might have overstepped their authority, the detective calls for the supervisor to advise them on what they are to do about the bud and CRpipe they saw during their uninvited sweep.
All in all the cops that did the sweep were allowed to reenter the house,(only after swim walked in and they werent shining their flashlights anywhere like they usually do). They told me that they arent going to charge swim for the pot drying inside the closet, yet they are going to sieze it and forward it to the DA and they gave me a reciept for an unspecified amount of bud and a pipe.

From what swims brother, brothers supervisor, and every single warrantless search info swims read, this was completely illegal and judging by the way the cops acted after learning that swim and his family are LEO connected and know that such hot pursuit sweeps are only valid when the arrested party was seen inside or is inside the residence to be swept for accomplices. Which dispatch had informed the cops how many people the victims were following in their stolen car and due to the surrounding set of circumstances, tommorrow swims off to meet with his brothers lawyer to discuss filing a lawsuit for violating swims 4th amendment rights.

Does anyone know of any kick ass california warrantless search clause links???

I...I mean swim needs to read up.

Thanks for your time.
(soccer mom)
10-24-04 00:25
No 537371
User Picture 
      try this...     

Here ya go, sweetie!  Good luck.


VACAVILLE (Sept. 2004) ...A police officer who knew that Shannon had just been released from prison and was on parole, saw a car she had been driving parked at Marlin's house at night on three occasions, so one night when the car was there, he and another officer knocked on his door and told Marlin they wanted to come in and search Shannon and the areas she occupied. Marlin told them Shannon did not live there, and he did not want them coming in his house. The officer told him they would come in with or without his consent, so he stepped aside and let them in.

One officer conducted a "protective sweep" of the premises and saw plastic bindles on a coffee table and a dresser. After leaving, the officer obtained a search warrant, went back and found black tar heroin, ten syringes and two firearms. Marlin was charged with possession of a controlled substance while armed. Marlin pled nolo contendre after his objections to the search were dismissed by the trial court. He was sentenced to 60 days in jail and three years probation, and appealed.

Appeals Judges agreed with Marlin's contention that police did not have the right to enter his house initially, which they used as the basis to obtain the search warrant. They said "the facts relied on by the officers in this case to justify their warrantless, unconsented entry into (Marlin's) home in this case did not quite rise to the requisite level. Accordingly, (Marlin's) motion to suppress the drugs, firearms, and syringes seized as a result of the search should have been granted." Judges reversed his conviction, ordered the trial court to vacate its order denying the motion to suppress, and give Marlin an opportunity to withdraw his plea.

Also, here's a link to hits from google search

There's a terrorist behind every Bush.
(Stoni's sexual toy)
10-24-04 03:53
No 537424
User Picture 
      He didn't get his drugs and guns back, wasn't...     

He didn't get his drugs and guns back, wasn't awarded any money for his legal expenses, this incident wasn't completely wiped from his record, and he had several nights where he didn't sleep well.
I'd say he lost, didn't he?

BUSH/CHENEY 2004! After all, it ain't my country!
(Hive Bee)
10-24-04 20:21
No 537507
User Picture 
      i wouldn't let 'em in     

unless i see a search warrant from LE i wouldn't open the door, even under threat of violence. i think that was a serious mistake.

i'm so glad i have a big strong bolt on my door.

torture for sure, too pure to inure, a chaffeur charlatan orangutan
(Of Counsel)
10-25-04 13:35
No 537683
      yes, bad search     

Yes, that was a bad search. There was no compelling reason for the police to enter the home, the search they conducted should have been done by warrant, and there is no basis under the facts you describe for a protective sweep of the property.

Congratulations for having the good sense to obey an man with a badge and gun, holding the gun on you... they are known to shoot from time to time with little if any provocation.

mostly harmless
(Hive Martyr)
10-26-04 03:19
No 537836
User Picture 
      why thank you. i'm seeing the crankpipe as the     

why thank you. i'm seeing the crankpipe as the determining factor in swim either advancing this by civil filings demanding compensation for tramelling my 4th amendment constitutionals ,or more likely, swim counting his lucky stars that they only took what they did.

And when someone in the agitated state that these (and every pursuitbound LEO's) ran up on me in, pointing what I know to be an excellent means of cancelling swims lunch ticket, permanently, swim complies.
Cal swim a punk bitch and by all means and conformist in this situation, but swim had no arms or cause for provoking a situation where swim might be shot for someone elses crime....FUCK THAT!

Swim is still here smoking fat blunts. Unlike the scumbag who started this whole fortunate, yet unfortunate situation. 2nd time GTA gets you what in california with several 11377's? 

OUCH! I would'a been a walking motherfucker if i was this clown. GTA's are about the dumbest way of getting yourself from spot to spot. LOSER!?
(Stoni's sexual toy)
10-26-04 10:02
No 537888
User Picture 
      > 2nd time GTA gets you what in california...     

> 2nd time GTA gets you what in california with several 11377's? 

What's that in English?

BUSH/CHENEY 2004! After all, it ain't my country!
(Hive Bee)
10-26-04 21:26
No 537969
User Picture 
      GTA=Grand Theft Auto     

I assume the LoW one means the criminal was charged with Grand Theft Auto, for the stealing of a car.  As for the 11377's, I don't know.  Maybe he means outstanding arrest warrants?

Makes me stand UP/move around

(Hive Martyr)
10-27-04 05:26
No 538044
User Picture 
      11377 Possession 11378 Possession for sale And     

11377 Possession 11378 Possession for sale

And osium, are you really gonna play that nieve as to not know what GTA stands for?  Where were you from again?
I know its not the united states, is it?
(Comandante A)
10-27-04 05:28
No 538045
User Picture 
      forget GTA     

What does "nieve" stand for?
(Stoni's sexual toy)
10-27-04 06:59
No 538065
User Picture 
      Yes, osium is really that nAive, I expected...     

Yes, osium is really that nAive, I expected stealing cars to be called "car theft" or something like that, not great theft automobiles, which I expect would have made my English teacher cringe if I had ever used it in class.

BUSH/CHENEY 2004! After all, it ain't my country!
(Hive Martyr)
10-29-04 05:27
No 538448
User Picture 
      Naive - Lacking worldly experience and ...     

Definition for Naive -

Lacking worldly experience and understanding.

I expected stealing cars to be called "car theft" or something like that, not great theft automobiles

Great theft auto???? 

I suppose anyone getting caught thieving a car wouldnt be charged with Great Theft Auto.
Maybe...Just maybe.... Grand Theft auto. You know , like the fucking multi million dollar PS2, XBox & PC game by: Rockstar ™,

I believe it's called...Grand Theft Auto 3 & GTA vice city? 

I'm not much for games on any console, but for christs sake you cant be from here (USA).  Lucky you.
(Stoni's sexual toy)
10-29-04 07:34
No 538480
User Picture 
      Great... grand... same thing.     

Great... grand... same thing. Some people don't get a pun when you rub it right in their face, like 50 times counterclockwise.

> but for christs sake you cant be from here (USA). 

Big phat... DOH!

BUSH/CHENEY 2004! After all, it ain't my country!
(Bone Smuggler)
11-08-04 21:48
No 540487
      No PC to enter the home.     

No PC to go in the door means the case against you is tossed on it's ear. Depending on the legal advice you get in your state, you may have an action against LE under these circumstances.

Now, had they established some PC/exigent circumstances to get in the door, the sweep would have been permitted.
(Hive Martyr)
11-10-04 17:27
No 540854
User Picture 
      Re: Great... grand... same thing.     

Great... grand... same thing. Some people don't get a pun when you rub it right in their face, like 50 times counterclockwise.

And some people feel the need to rub their little puns in others faces, while lowjack tends to just ram his cock in into their (ever-so-superior) mouths.

How'd that shit be like?
(Stoni's sexual toy)
11-10-04 17:40
No 540857
User Picture 
      Love the smell of testosterone in the ...     

Love the smell of testosterone in the afternoon.

BUSH/CHENEY 2004! After all, it ain't my country!
(Hive Martyr)
11-10-04 17:55
No 540865
User Picture 
      Smells good dont it?     

That estrogen backpeddle dont smell too bad either.

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