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Random question regarding search and seizure laws

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tranquility

Senior Member
After a long hard day, Officer Dillon heads to the barn. Ahh, coasting at the speed limit and he catches all the lights. As he approaches another green he suddenly locks up his brakes as red car cuts through the intersection right in front of him.

Officer Dillon (OD) records the time in his PD issued computer and checks to see if he is still on duty, finds he is, flips a couple of quick turns and begins to follow red car. To be sure, before turning on the lights, thus making a claim of reasonable suspicion/probable cause to reasonably detain red car and occupants, OD types in a quick little affidavit for a search warrant and electronically sends it to the judge. After a normal amount of processing time, the COURT sends back a warrant or not. OD gets one and stops red car.

He approaches red car.

Inside he sees 5 disreputable sorts sitting with heavy jackets, with the windows down and it being 105 degree with high humidity outside. All are sitting with their hands on their laps and are looking straight forward, shaking. OD asks the driver, "May I see your drivers license and registration please?"

"What seems to be the problem, officer?" says the driver. As he said this, the passenger on the far seat starts to reach down to a large paper bag.

"Hold it right there!" said OD as he walked to the passenger side. As he was directly in front of the car, he noted the license number for his second affidavit he was preparing as he walked. After getting to the passenger side door, the additional probable cause was sent to the judge to see if he can search the closed container on the floor (Bag) the passenger was fiddling with.

As OD waited for the response, everyone in the car started to take off their heavy jackets. OD jumped behind cover and hit the "flash addition" button on his PD issued communication unit and described the movement also using a small video clip he had taken with the comm. The line of hundreds of judges, with a lesser bank of article three judges if there is a federal question, had someone clear his duty immediately on the "flash" message. The judge watched the video of the men taking off the jackets and the text of what the subjective feelings were of the officer (based on his training and experience) to come to a conclusion as to if this jacket issue was additional probable cause to increase the search from the bag.

All while these five guys kept moving.

Anyone want to add the next paragraph?
 
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Dillon

Senior Member
After a long hard day, Officer Dillon heads to the barn. Ahh, coasting at the speed limit and he catches all the lights. As he approaches another green he suddenly locks up his brakes as red car cuts through the intersection right in front of him.

Officer Dillon (OD) records the time in his PD issued computer and checks to see if he is still on duty, finds he is, flips a couple of quick turns and begins to follow red car. OD types in a quick little affidavit for a search warrant and electronically sends it to the judge. After a normal amount of processing time, the COURT sends back a warrant or not. OD gets one and stops red car.

Anyone want to add the next paragraph?
Once, OD gets one and stops red car, he just calls for backup, arrests the 5 guys and searches the vehicle. (a job well done)

I cant wait for the TV series. - LOL
 
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Mass_Shyster

Senior Member
Officer Dillon (OD) records the time in his PD issued computer and checks to see if he is still on duty, finds he is, flips a couple of quick turns and begins to follow red car. To be sure, before turning on the lights, thus making a claim of reasonable suspicion/probable cause to reasonably detain red car and occupants, OD types in a quick little affidavit for a search warrant and electronically sends it to the judge. After a normal amount of processing time, the COURT sends back a warrant or not. OD gets one and stops red car.
Massachusetts courts have held that activating the blue lights constitutes a seizure, so he had better type in that affidavit before flipping them on.

Oh damn!!! Officer Dillon is in a dead zone. Too bad they went with the lowest bidder when they contracted for wireless service. Now he'll have to follow them until they get to a covered area.

Why is it that these bad guys always seem to have a Sparky's Wireless Internet coverage map with them?
 

Dillon

Senior Member
Massachusetts courts have held that activating the blue lights constitutes a seizure, so he had better type in that affidavit before flipping them on

Oh damn!!! Officer Dillon is in a dead zone. Too bad they went with the lowest bidder when they contracted for wireless service. Now he'll have to follow them until they get to a covered area.

good point about the lights, Now OD will have to read the 5 guys their rights. OD cant require DL, registration and proof of assurance anymore.

if this out of money issue keeps up, all the criminals will get away. OD may ran out of gas, too.
 
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tranquility

Senior Member
Once, OD gets one and stops red car, he just calls for backup, arrests the 5 guys and searches the vehicle. (a job well done)
Arrests them for what? They were just on their way to lunch after working in a freezer all morning as heating and refrigeration repair people.

The driver missed the light. It happens.

Pity OD didn't follow his own rules, maybe this travesty of unconstitutional search without the proper e-warrant would not affect his employer's (aka taxpayer) wallet in the resulting lawsuit.
 

Dillon

Senior Member
Arrests them for what? They were just on their way to lunch after working in a freezer all morning as heating and refrigeration repair people.

The driver missed the light. It happens.
its my understanding, OD got the e-warrant, so he's in the clear, but the judge is in trouble. good thing for those e-warrants.

OD gets one and stops red car, Right?

have a nice day, tranquility, you sound so peaceful.
 
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justalayman

Senior Member
=Dillon;2896188]its my understanding, OD got the e-warrant, so he's in the clear, but the judge is in trouble. good thing for those e-warrants.
a warrant is issued upon the testimony of the affiant that there is good cause, which must be presented to the court in order to obtain the warrant. The judge issued the warrant on the testimony of the cop that it is justified. Cop is back on the hook for apparently making false claims.
 

Dillon

Senior Member
a warrant is issued upon the testimony of the affiant that there is good cause, which must be presented to the court in order to obtain the warrant. The judge issued the warrant on the testimony of the cop that it is justified. Cop is back on the hook for apparently making false claims.
but the false claims were made in good faith, just a mistake, will be overturned on appeal.

No crimial intent, is that needed? the law is so complicated.

why is it ok for an officer to have good faith while breaking the law and get away with it and not the speeding motorist who is speeding by mistake (no criminal intent, either?)
 
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justalayman

Senior Member
but the false claims were made in good faith, just a mistake, will be overturned on appeal.

No crimial intent, is that needed? the law is so complicated.
why did you even seek the arrest warrant? There was no justification mentioned yet you deemed there to be probable cause to seek an arrest warrant. What was your justification?
 

Dillon

Senior Member
why did OD even seek the arrest warrant? There was no justification mentioned yet you deemed there to be probable cause to seek an arrest warrant. What was your justification?
it was a mistake, good point, the Judge approved the e-warrant.

ask tranq. its her story, she posted,

"OD made a claim of reasonable suspicion/probable cause to reasonably detain red car and occupants."

i personally dont think OD had PC -- i'm wilh you on this one. :eek:

i know i cant believe it, also -- LOL
 
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justalayman

Senior Member
it was a mistake, good point, the Judge approved the e-warrant.
LOL
again, a judge grants a warrant on review of the facts presented. That means you provided what you believed to be PC to arrest. What was your justification?

It sounds more like you provided false testimony to the judge which means you are likely to be getting sued.
 

Dillon

Senior Member
again, a judge grants a warrant on review of the facts presented. That means you provided what you believed to be PC to arrest. What was your justification?

It sounds more like OD provided false testimony to the judge which means you are likely to be getting sued.
we really dont know what testimony OD provided the judge, and why the judge approved it w/o question, Do we?

it happens, maybe the judge made a bad call on this one ?

We dont really know what facts were presented to this judge. who was damaged or injured by the 5 guys, etc...

apparently there was a mistake somewhere, OD cant be sued if he made a mistake in good faith, Right?

-----------------
 
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justalayman

Senior Member
=Dillon;2896230]we really dont know what testimony OD (OFFICER DILLON) provided the judge, and why the judge approved it w/o question, Do we?
this was your story. Why did you seek an arrest warrant?

it happens, maybe the judge made a bad call on this one ?
Maybe OD provided false testimony. Bad OD, bad.



apparently there was a mistake somewhere, OD cant be sued if he made a mistake in good faith, Right?
that all depends who believes it was made in good faith. OD (you) may have to convince a jury your error was made in good faith rather than you being a cowboy cop and lied to a judge to obtain an arrest warrant. Remember, you are the one that sought the warrant. Only you know if your justifications were true or not.
 

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