15 yo out after curfew

[ENortham]

But Carllllll. Why would my super-liberal high school government teacher send me in the wrong direction? He always said...always say no to searching your car! Why get so suspicious? Maybe I just don't want to waste my time while you search my car or maybe I've had too many encounters with the nasty evil cops that are out there. Cut us a little slack, we aren't all on the criminal path.

 

[CdwJava]

But Carllllll. Why would my super-liberal high school government teacher send me in the wrong direction? He always said...always say no to searching your car! Why get so suspicious? Maybe I just don't want to waste my time while you search my car or maybe I've had too many encounters with the nasty evil cops that are out there. Cut us a little slack, we aren't all on the criminal path.

I didn't say that such a denial woul dadd suspicion, but it is human nature for it do so. Additionally, if the kid is already a problem and his name has been connected with thefts or the crowd that conducts such thefts, it is reasonable to make the leap that he might be hiding the goods.

In fact, kids that hang with the bad crowd often find themselves as the "bag man" because the cops wouldn't think to search him.

I rarely get denials for consent searches. When I do, I usually shrug it off. Sometimes I just smile because the denial confirms something I already suspected. It really depends on who is doing the denying.

As i said, I am paid to be suspicious and skeptical.

- Carl

 

[xylene]

Most people who have nothing to hide - or who are trying to get help keeping their kids on the straight and narrow - give consent.

Most people's tires are under-inflated.

Politely refusing consent to search the home, (in this thread it was the Garage & Juniors bedroom)

I don't live in a community with my police officers. I don't trust them to not misconstrue what they find, however innocent.

They are white and live elsewhere, quite deliberately far away from the black people they are keeping on a leash.

Being smart (not that smart) is not contempt of cop.

Contemp of cop is cursing the reasonable and lawful actions of the police as machinations of america's secret zionist government.

 

[ENortham]

In fact, kids that hang with the bad crowd often find themselves as the "bag man" because the cops wouldn't think to search him.

You know more about young people than young people do Carl. Don't let those paranoia levels get too high!

 

[ENortham]

Well that's an easy one. In all 50 states, it doesn't. Hell, you can see an officer and run away and that doesn't constitute PC in some states.

Crazy coincidence...my boss just gave me a maryland advance reports book...if at all possible look at Swift v. State of MD...thou shall not be walking on the street at 3am or thou shall be arrested.

 

[CdwJava]

I don't live in a community with my police officers. I don't trust them to not misconstrue what they find, however innocent.

That's too bad.

They are white and live elsewhere, quite deliberately far away from the black people they are keeping on a leash.

Of course ... that's what we all do.

If you live in a less than desirable area, then of course the officers live far away. But, as is likely in many places, most cops cannot afford to live where they work unless it is in the bad places, so many commute from quite a long way away.

Not knowing where you live, I can't say what the reason might be.

Being smart (not that smart) is not contempt of cop.

Of course not. Did anyone say otherwise?

But, if by "smart" you mean refusing a consent to search, there is still nothing that prevents the officer from being suspicious.

Contemp of cop is cursing the reasonable and lawful actions of the police as machinations of america's secret zionist government.

I Do hope your ZOG comment is sarcastic. If you truly believe in some secret Zionist government, then perhaps I can find a black helicopter to sell you.

- Carl

 

[CdwJava]

You know more about young people than young people do Carl. Don't let those paranoia levels get too high!

Experience and expertise tends to provide a good deal of knowledge. It has nothing about paranoia, and I never implied that all - or even many or most - kids hold stolen property for their friends.

- Carl

 

[averad]

if at all possible look at Swift v. State of MD...thou shall not be walking on the street at 3am or thou shall be arrested.

Thou shall not be walking at 3am circling the same block in a high crime area.
Thou shall not be known for gun and drug possession when checked for warrents.
Thou shall not place $70 in hands as a gift to the poilice officer when asked if a search is ok.
or
Thou shall respond to the police officer when asked if a search is acceptable (Instead of staying silent and placing $70 in hands)

That is what Swift vs. State of MD taught me (Appeal linked below with information above).
http://caselaw.lp.findlaw.com/data2/marylandstatecases/coa/2006/98a05.pdf

"...a reasonable person would not have felt free to leave the presence of the police officer and continue on his way home. Because a reasonable person would have believed that he was not free to leave under the circumstances presented herein, we hold that petitioner was seized within the meaning of the Fourth Amendment."

 

[Job_Hunting]

Wow--a lot of responses to this one. Thanks everyone.

Listen, I'm no moron. I know I had the right to refuse a search of my house, but quite frankly, I thought, "if my kid stole something, then he's gotta pay the price". I'd rather him learn his lesson NOW while I'm still able to guide him.

The officers were just doing their job, they were polite and answered any questions I had. Im sure my dorky son walking around at 11:30pm after curfew (to break in his new shoes that he just took out of the MICROWAVE!) looked rather suspicious, especially when some kids have been breaking into cars in the neighborhood recently.

With that said, if officers came to do a search on my house for a very serious matter and I had any reason to think they'd find something that would pose questions, I would most certainly consider refusing the search at that moment.

 

[Job_Hunting]

I should re-phrase that--What I meant was....I would refuse a search if I thought the circumstance was not in my best interest at that time.....not that I would automatically refuse a search if I KNEW my child was guilty, or something like that--

 

[CdwJava]

I should re-phrase that--What I meant was....I would refuse a search if I thought the circumstance was not in my best interest at that time.....not that I would automatically refuse a search if I KNEW my child was guilty, or something like that--

Well, *I* figured it out and concur.

- Carl

 

[Job_Hunting]

Well Carl,

When the officers come knocking at my door looking for my husband, who I've locked in a trunk in the attic, THEN I will refuse the search.

LOL

 

[CdwJava]

Well Carl,

When the officers come knocking at my door looking for my husband, who I've locked in a trunk in the attic, THEN I will refuse the search.

LOL

He probably deserved it ... (or so my wife would tell me).

- Carl

 

[Job_Hunting]

Good one--Yeah maybe I'll see if I HAVE a trunk around here somewhere.....

I've read some of your prior posts referencing the husband-wife thing. Quite humorous you are.

 

[CdwJava]

Good one--Yeah maybe I'll see if I HAVE a trunk around here somewhere.....

I've read some of your prior posts referencing the husband-wife thing. Quite humorous you are.

It's what happens afetr 15 years of marriage ... I know who's in charge.

As she said when she went to piuck up my check at the office today: "What's mine is mine, what's his is mine, and what's ours is mine ..." And we're still married!

I think I know how much I make. Maybe.

- carl