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#281
10-25-2007, 04:48 PM
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Re: Just Say NO
[ QUOTE ]
[ QUOTE ] [ QUOTE ] This is very naive. The probable cause to search arises when the suspect refuses the search then suddenly becomes nervous, fidgety, sweating etc etc. (Ways and means) But we are getting off topic. That mobile phone was an item of evidence therefore the Police had the power to seize it. End of move on. Cops laid it on thick and told the lad "look if you want to keep your phone tell us the name of your friend and give us your number, otherwise we take the phone and you don't see it for a very long time". Friend thinking "wait a minute here I didn't burst an old codgers eardrums" decides [censored] it I done nothing wrong, here ya go. What I don't get is why OP returned to the scene of the crime lol. There isn't a law about NOT making yourself available to the cops now is there. [/ QUOTE ] WTF is wrong with you. This is either completely made up or applies to some country other than the US. The guy with the cell phone is not even suspected on anything. How can there possibly be probable cause to believe he committed a crime. There is no reasonable suspicion either, so no Terry stop can be made. It is clear that you have no legal training and are completely talking out of your ass. Please do everyone a favor and stick to subjects you know something about rather than spreading misinformation. TYIA! [/ QUOTE ] Your absolutely right of course and by your reasoning the following would apply. Suspect hits eastern motors across the head with the lead piping and runs off. Suspect runs round the corner, bumbps into OP's friend and throws him the lead piping. Cops turn up and after searching the immediate area come across OP's friend who (is innocent) but just happens to be holding the valuable piece of evidence (the lead piping). Now according to your logic, OP's friend doesn't match the description of the suspect so the Cops have no power to stop, speak, detain or take possession of the lead piping. [/ QUOTE ] Hi. You are retarded. Please DIAG 
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#282
10-25-2007, 04:50 PM
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Re: Just Say NO
Are you now saying that the Cops would need to hold the OP's friend in situ until they obtain a warrant to seize the phone (or other piece of valuable evidence) if the suspect says "no mr polce officer I don't want you to take my pussy cat (that incidentaly mauled the neibours guinea pig).
Give me a break.
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#283
10-25-2007, 04:57 PM
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Re: Just Say NO
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] This is very naive. The probable cause to search arises when the suspect refuses the search then suddenly becomes nervous, fidgety, sweating etc etc. (Ways and means) But we are getting off topic. That mobile phone was an item of evidence therefore the Police had the power to seize it. End of move on. Cops laid it on thick and told the lad "look if you want to keep your phone tell us the name of your friend and give us your number, otherwise we take the phone and you don't see it for a very long time". Friend thinking "wait a minute here I didn't burst an old codgers eardrums" decides [censored] it I done nothing wrong, here ya go. What I don't get is why OP returned to the scene of the crime lol. There isn't a law about NOT making yourself available to the cops now is there. [/ QUOTE ] WTF is wrong with you. This is either completely made up or applies to some country other than the US. The guy with the cell phone is not even suspected on anything. How can there possibly be probable cause to believe he committed a crime. There is no reasonable suspicion either, so no Terry stop can be made. It is clear that you have no legal training and are completely talking out of your ass. Please do everyone a favor and stick to subjects you know something about rather than spreading misinformation. TYIA! [/ QUOTE ] Your absolutely right of course and by your reasoning the following would apply. Suspect hits eastern motors across the head with the lead piping and runs off. Suspect runs round the corner, bumbps into OP's friend and throws him the lead piping. Cops turn up and after searching the immediate area come across OP's friend who (is innocent) but just happens to be holding the valuable piece of evidence (the lead piping). Now according to your logic, OP's friend doesn't match the description of the suspect so the Cops have no power to stop, speak, detain or take possession of the lead piping. [/ QUOTE ] Hi. You are retarded. Please DIAG [/ QUOTE ] seriously. This is just so amazingly retarded it's not even worth trying to explain why. Some of this is starting to remind of the Johnny Cochran/Chewbacca defense from South Park as far as relevance.
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#284
10-25-2007, 05:03 PM
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Re: Just Say NO
[ QUOTE ]
Are you now saying that the Cops would need to hold the OP's friend in situ until they obtain a warrant to seize the phone (or other piece of valuable evidence) if the suspect says "no mr polce officer I don't want you to take my pussy cat (that incidentaly mauled the neibours guinea pig). Give me a break. [/ QUOTE ] 
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#285
10-25-2007, 05:05 PM
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Re: Just Say NO
[ QUOTE ]
seriously. This is just so amazingly retarded it's not even worth trying to explain why. [/ QUOTE ] Maybe he's a cop himself and tries to keep people ignorant of their rights to make his job easier.
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#286
10-25-2007, 05:09 PM
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Re: Just Say NO
[ QUOTE ]
Your absolutely right of course and by your reasoning the following would apply. Suspect hits eastern motors across the head with the lead piping and runs off. Suspect runs round the corner, bumbps into OP's friend and throws him the lead piping. Cops turn up and after searching the immediate area come across OP's friend who (is innocent) but just happens to be holding the valuable piece of evidence (the lead piping). Now according to your logic, OP's friend doesn't match the description of the suspect so the Cops have no power to stop, speak, detain or take possession of the lead piping. [/ QUOTE ] please learned the english languages and the writing techniques beef or writing the critical law-reasoning explainations (which are wrong BTW).
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#287
10-25-2007, 05:15 PM
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Re: Just Say NO
[ QUOTE ]
Example: Stopped in the casino. Cops: Do you know the man who started the altercation at the poker table? Answer: Hello Officer, my name is Joe Smith, I'm from Chicago, and I was here playing poker. Am I under Arrest? Cop: No, not yet, are you a jail-house lawyer!; No, but we have questions, If you don't talk you will be arrested,etc, etc, etc, Next statement by you: (1) Am I under arrest? and (2) Am I free to leave? If the answer to (1) is yes, then state " I want a lawyer, I will remain silent, and I choose to exercise all my rights under the Fourth, Fifth, Sixth and Fourteenth Amendments of the U.S. Constitution. If the answer to (1)is no, then ask if you are free to leave, if you are not, then you are being "Stopped" (Called a "Terry Stop"). If you are being "Stopped" say the following: If I'm not under arrest, I'm going to leave. (At this point, walk away.--if they stop you---say the following: I have nothing to say. I want to remain silent. I have a right against self-incrimination. Am I free to leave? If they don't let you go now, then you have been "arrested" according to some courts because your freedom of movement is impaired. Try walking away, if stopped, demand an attorney or the right to leave. (Keep demanding an attorney and say nothing else if cuffed) Hopes this helps. [/ QUOTE ] jackal how likely is it that a situation like this goes beyond (1)? would half the time be accurate? how bad is it to blankly stare at the police?
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#288
10-25-2007, 05:16 PM
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Re: Just Say NO
[ QUOTE ]
[ QUOTE ] Your absolutely right of course and by your reasoning the following would apply. Suspect hits eastern motors across the head with the lead piping and runs off. Suspect runs round the corner, bumbps into OP's friend and throws him the lead piping. Cops turn up and after searching the immediate area come across OP's friend who (is innocent) but just happens to be holding the valuable piece of evidence (the lead piping). Now according to your logic, OP's friend doesn't match the description of the suspect so the Cops have no power to stop, speak, detain or take possession of the lead piping. [/ QUOTE ] please learned the english languages and the writing techniques beef or writing the critical law-reasoning explainations (which are wrong BTW). [/ QUOTE ] Maybe you should learn the english language as well. "please learned" And "english languages"...I didn't know there was more than one english language. lmao.
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#289
10-25-2007, 05:20 PM
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Re: Just Say NO
[ QUOTE ]
[ QUOTE ] [ QUOTE ] Your absolutely right of course and by your reasoning the following would apply. Suspect hits eastern motors across the head with the lead piping and runs off. Suspect runs round the corner, bumbps into OP's friend and throws him the lead piping. Cops turn up and after searching the immediate area come across OP's friend who (is innocent) but just happens to be holding the valuable piece of evidence (the lead piping). Now according to your logic, OP's friend doesn't match the description of the suspect so the Cops have no power to stop, speak, detain or take possession of the lead piping. [/ QUOTE ] please learned the english languages and the writing techniques beef or writing the critical law-reasoning explainations (which are wrong BTW). [/ QUOTE ] Maybe you should learn the english language as well. "please learned" And "english languages"...I didn't know there was more than one english language. lmao. [/ QUOTE ] I can't tell if this is a re-level level or not...if it isn't, then I pray for your soul... EDIT: Even though I am not religious
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