Unreasonable Search and Seizure?

[freeatlast]

What does the law require the police to do when there has been an armed bank robbery in the area and a witness says that the robber is in a vehicle at a particular traffic intersection?

Not that I expect you to actually answer a direct question.

I am referring you to post 17. If every car was all the same make and color described by the witness then yes they can search every car, but they cannot just go on a search expedition without just cause and claiming they might be in one of the cars. Searching every car was not a just cause under the law.

 

[exscentric]

"Armed robbers are a safety hazard to the local community."

And so police bottle him up with a few citizens to practice his trade on. What a great situation to have a mass murder or hostage situation.

 

[HankD]

There is never anything reasonable about violating the rights and freedoms of the innocent. That is why we have a constitution although we are more and more deciding it has no value.

You are right.
The reasonableness was gone when the people at the light were detained without probable cause and that against their will.

The police should have asked everyone at the light to voluntarily submit to a search.

HankD

 

[Bro. Curtis]

"Armed robbers are a safety hazard to the local community."

And so police bottle him up with a few citizens to practice his trade on. What a great situation to have a mass murder or hostage situation.

With pre-shackled victims.

 

[targus]

I am referring you to post 17. If every car was all the same make and color described by the witness then yes they can search every car, but they cannot just go on a search expedition without just cause and claiming they might be in one of the cars. Searching every car was not a just cause under the law.

You are telling me what the police should not do.

What should they have done in that circumstance?

 

[freeatlast]

You are right.
The reasonableness was gone when the people at the light were detained without probable cause and that against their will.

The police should have asked everyone at the light to voluntarily submit to a search.

HankD

Yes that is very clear. The officer in charge should be arrested, charged with multiple accounts of official oppression sentenced to prison for a reasonable amount of time and discharged and never again allowed to serve in law enforcement.

 

[targus]

"Armed robbers are a safety hazard to the local community."

And so police bottle him up with a few citizens to practice his trade on. What a great situation to have a mass murder or hostage situation.

So you think that the robber would have robbed the other drivers at the intersection while the police was interviewing them?

 

[targus]

Yes that is very clear. The officer in charge should be arrested, charged with multiple accounts of official oppression sentenced to prison for a reasonable amount of time and discharged and never again allowed to serve in law enforcement.

What no canning? :laugh:

 

[Bro. Curtis]

So you think that the robber would have robbed the other drivers at the intersection while the police was interviewing them?

Not robbed, kidnapped.

People have the RIGHT to drive in their cars without fear of being pulled out and handcuffed for something somebody else did.

 

[freeatlast]

You are telling me what the police should not do.

What should they have done in that circumstance?

No I am telling you what the law says they should not do. They should have just investigated to crime scene and gotten a clear description of the vehicle if possible instead of violating everyone's freedoms and rights.

 

[freeatlast]

So you think that the robber would have robbed the other drivers at the intersection while the police was interviewing them?

Our rights are not to be violated over supposition.

 

[exscentric]

never mind

 

[poncho]

True, there is a measure of "reasonableness" about the situation, but does it rise to the level of probable cause to blanket the innocent along with the guilty?

How far geographically does reasonableness extend to the innocent.

Can the police break down my door and search for contraband just because of a "tip" that some one in my town is manufacturing drugs?

Once a presidence is set it's not long before it becomes the unwritten law and then the written law.

HankD

Looks to me like the police got confused. The real crooks are inside the bank wearing suits. They're the ones who should be put in irons for running a ponzi scheme.

 

[matt wade]

Looks to me like the police got confused. The real crooks are inside the bank wearing suits. They're the ones who should be put in irons for running a ponzi scheme.

:laugh::laugh::laugh:

You are completely ridiculous.

 

[OldRegular]

IMO....they were clearly doing their job.

Stopping yes but handcuffing NO!

 

[HankD]

There is already talk of law suits being filed against the Aurora Police.

This is probably going to turn into a lawyers field day.

HankD

 

[freeatlast]

There is already talk of law suits being filed against the Aurora Police.

This is probably going to turn into a lawyers field day.

HankD

I just hope that the courts comes down hard on these out of control police as well as the Feds stepping in and prosecuting them and putting them in prison for what they did.

 

[HankD]

I just hope that the courts comes down hard on these out of control police as well as the Feds stepping in and prosecuting them and putting them in prison for what they did.

Probably won't happen.

The police will get a verbal reprimand - a cash settlement will be issued to each of the detained citizens.

The actual bank robber will go free because of an illegal search and seizure.

HankD

 

[targus]

A couple of weeks ago a prisoner was being transferred to another facility and escaped.

Several police departments - State, County and City - set up road blocks and stopped every car in their efforts to recapture him.

Was that a violation of rights also?

BTW they caught him.

 

[freeatlast]

A couple of weeks ago a prisoner was being transferred to another facility and escaped.

Several police departments - State, County and City - set up road blocks and stopped every car in their efforts to recapture him.

Was that a violation of rights also?

BTW they caught him.

They can stop you under the constitution but they cannot search you or your vehicle without probable cause without your permission.
Here is what the constitution states.
Also keep in mind we no longer follow the constitution because of liberals and those who support communistic style of governments such as Marxism and socialism.

The Fourth Amendment to the United States Constitution states that: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”


In other words just because there is a criminal loose in the neighbor hood the police cannot force their way into every home, business, or vehicle just to catch him unless they have probable cause and that would mean someone saw him enter a particular residence or vehicle.