ljs Posted August 12, 2009 Share Posted August 12, 2009 See the whole problem here is probable cause. Even if these people knew their rights and refused the search, that is probably cause to search them. Otherwise, why would they refuse the search right? please read the my first post in this thread. I'll add that a refusal to search is not PC to arrest(or search). Also- are we talking about a "pat down for safety" or a "search incident to arrest?"- they are different. "Pat for safety"- officer can not dig into the pockets of a person- it is what it says- a pat down. A "search incident to arrest" is much more invasive. I'm going to turn your pants pocket into rabbit ears, you'll take off your shoes and socks, any outter clothing such as jackets or sweat shirts. The only thing more invasive is a body cavety search.(typically at the jail) I conducted a pat down search once of a kid I stopped. No weapons. He had a warrant, so I was taking him to the jail and halfway there realized I had not done a "search incident to arrest". I told him that if he did have anything in his pockets, he better let me know before we got to the jail-or it is an automatic felony. However- being the way cool cop I was- told him that no charges as I had not fully searched him before we left the scene. He did have a small bud on him, and I threw it out. No charges, and no contraband made it to the jail. Link to comment Share on other sites More sharing options...
ljs Posted August 12, 2009 Share Posted August 12, 2009 He also said, "I've never gone to a pot head's house for a domestic, though at a domestic, there sometimes is pot, but there is always alcohol". I'll agree with that. typically the people who are "smokers only", don't cause trouble. Ya know- the hippie kids just listening to music and smokin a J. One of my favorite gang kids was one who the first time I arrested him threatened to shoot me next time he saw me, went off in my patrol car about how his probation officer and the judge could suck his dick. He got an extra 6 months for the threat to me. I didn't see him for a good 2 yeras, then pulled him over one day (he didn't have a license) and during the search I found his MJ. He was very honest and said he started smoking b/c it mellowed him out and he never got into fights anymore. He and I had a good conversation about that-its amazing to many how many down to earth convos I'd have with these kids, and I wish more cops had the energy/desire to treat them as real humans. Anyway- I never did charge him for that weed. I could have been a total ass considering my first encounter with him. It was obvious there had been a change in him of some sort and I gave him props for that. I never condoned his weed smoking- but much rather have that than some kid who wants to go around shooting cops. Link to comment Share on other sites More sharing options...
ACW Posted August 12, 2009 Author Share Posted August 12, 2009 I conducted a pat down search once of a kid I stopped. No weapons. He had a warrant, so I was taking him to the jail and halfway there realized I had not done a "search incident to arrest". I told him that if he did have anything in his pockets, he better let me know before we got to the jail-or it is an automatic felony. However- being the way cool cop I was- told him that no charges as I had not fully searched him before we left the scene. He did have a small bud on him, and I threw it out. No charges, and no contraband made it to the jail.There needs to be more cops like you Link to comment Share on other sites More sharing options...
Midnight Judges Posted August 12, 2009 Share Posted August 12, 2009 Those are some dumb ass kids LOL! Link to comment Share on other sites More sharing options...
Midnight Judges Posted August 12, 2009 Share Posted August 12, 2009 See the whole problem here is probable cause. Even if these people knew their rights and refused the search, that is probably cause to search them. Otherwise, why would they refuse the search right? You're still better off refusing. At least that way it might get thrown out of court. Link to comment Share on other sites More sharing options...
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