I-40 highway robbery by TN cops

I got a question for you LEO's. What makes you decide to call for a warrant if you ask to search a car and the person refuses?

That would be a hard call IMO, hate to let a bad guy go and hate to worry a judge for nothing...

At our dept, we have to call the road supervisor to the scene. He/she will have to make the decision. Depending if the boss is pro-active then the car will be siezed and towed back to HQ. The occupants will be detained and transported to HQ. Or if the boss doesn't want to get you to involved in anything, you will be cutting the guy loose.

If the call goes bad, the supervisor is ultimately responsible. Most won't want to jeopardize their career and will tell you to let them go.

I remember back in the day when I stopped a car and I smelled weed, I pulled the occupants out, did a quick search of their persons and searched the car finding guns, weed and other contraband. Ah the good ole days but not anymore.

Yep NJ is all messed up with their case law.

Billy T.
gnxtc2@aol.com
 
At our dept, we have to call the road supervisor to the scene. He/she will have to make the decision. Depending if the boss is pro-active then the car will be siezed and towed back to HQ. The occupants will be detained and transported to HQ. Or if the boss doesn't want to get you to involved in anything, you will be cutting the guy loose.

If the call goes bad, the supervisor is ultimately responsible. Most won't want to jeopardize their career and will tell you to let them go.

I remember back in the day when I stopped a car and I smelled weed, I pulled the occupants out, did a quick search of their persons and searched the car finding guns, weed and other contraband. Ah the good ole days but not anymore.

Yep NJ is all messed up with their case law.

Billy T.
gnxtc2@aol.com

Wow, sounds like they keep tying you guys up with more red tape.

Lawyers, thank the lawyers on both sides for all the BS...
 
At our dept, we have to call the road supervisor to the scene. He/she will have to make the decision. Depending if the boss is pro-active then the car will be siezed and towed back to HQ. The occupants will be detained and transported to HQ. Or if the boss doesn't want to get you to involved in anything, you will be cutting the guy loose.

If the call goes bad, the supervisor is ultimately responsible. Most won't want to jeopardize their career and will tell you to let them go.

I remember back in the day when I stopped a car and I smelled weed, I pulled the occupants out, did a quick search of their persons and searched the car finding guns, weed and other contraband. Ah the good ole days but not anymore.

Yep NJ is all messed up with their case law.

Billy T.
gnxtc2@aol.com
Wow, you guys really have your hands tied. Thats rediculous and I don't know how you do it. PC search, Consent search, or whatever is the responsibility of the individual officer here in Maryland. My guys search a dozen or so cars a week. They do have to submit a vehicle search report for each that get a two commander approval but thats after the fact. Of course we have the two major north south drug corridors.
 
The ones who think that the people are guilty because they "bitch" about unwarranted searches are the reason our rights are being taken away.
 
Wow, you guys really have your hands tied. Thats rediculous and I don't know how you do it. PC search, Consent search, or whatever is the responsibility of the individual officer here in Maryland. My guys search a dozen or so cars a week. They do have to submit a vehicle search report for each that get a two commander approval but thats after the fact. Of course we have the two major north south drug corridors.

Even if we get consent, we have to call a supervisor prior to searching the car. Depending on who comes as the supervisor, you have to brief him/her on the reason why you asked for consent. Then the supervisor will tell you to proceed or not.

Unless it's in plainview, I let it go. I don't make the rules, I follow them.

I just hope one day that the ones that made the rules, everything backfires on them.

Here are some landmark case law for us: (Enjoy the BS with we have to deal with)

State vs Eckle:
http://www.judiciary.state.nj.us/mcs/case_law/a0363-03.pdf

State vs Pena-Flores
http://www.state.nj.us/defender/news/State_of_NJvPena-Flores_Fuller.pdf

Just recently I stopped a truck for motor vehicle violations. The pickup truck (single cab) was operated by a female and there was a male passenger. When I walked up to the truck, the female had a white powdery residue under her nose. Took her out of the truck, because she was a female I asked her to empty her pockets. She had 7 bags of coke on her. The passenger was drinking and couldn't drive. He said he was taking the bus home. The truck was being impounded. Due to recent case law, I can't search the truck w/o a warrant. I can't even search the passenger, nothing against the law for being drunk. As a LEO, I knew there was more contraband on him and in the vehicle but I couldn't articulate it for a search warrant. Can't call a judge and tell him I have hunch. It just sucks.

The way this suck a$$ liberal state is going, we are becoming more like firemen.

Brett
On the taser issue, on some occasions I wish I had one. I don't even carry spray. Unless the skell has a weapon, I'll take 'em one on one. And if they have a weapon, a silver .45 S&W w/ a 5" barrel (4506) changes their mind. :D

Billy T.
gnxtc2@aol.com
 
Even if we get consent, we have to call a supervisor prior to searching the car. Depending on who comes as the supervisor, you have to brief him/her on the reason why you asked for consent. Then the supervisor will tell you to proceed or not.

Unless it's in plainview, I let it go. I don't make the rules, I follow them.

I just hope one day that the ones that made the rules, everything backfires on them.

Here are some landmark case law for us: (Enjoy the BS with we have to deal with)

State vs Eckle:
http://www.judiciary.state.nj.us/mcs/case_law/a0363-03.pdf

State vs Pena-Flores
http://www.state.nj.us/defender/news/State_of_NJvPena-Flores_Fuller.pdf

Just recently I stopped a truck for motor vehicle violations. The pickup truck (single cab) was operated by a female and there was a male passenger. When I walked up to the truck, the female had a white powdery residue under her nose. Took her out of the truck, because she was a female I asked her to empty her pockets. She had 7 bags of coke on her. The passenger was drinking and couldn't drive. He said he was taking the bus home. The truck was being impounded. Due to recent case law, I can't search the truck w/o a warrant. I can't even search the passenger, nothing against the law for being drunk. As a LEO, I knew there was more contraband on him and in the vehicle but I couldn't articulate it for a search warrant. Can't call a judge and tell him I have hunch. It just sucks.

The way this suck a$$ liberal state is going, we are becoming more like firemen.

Billy T.
gnxtc2@aol.com

Wow, Billy you need to move down south then! These boys down here would have yanked his azz out and searched him quick;) He'd probably got a drunk and disorderly too:biggrin::biggrin:

That sucks you have got your hands tied like that. Just gives me more respect for you to get up and do it everyday though, my hats off brother!!!:)
 
This is what you get when your only qualification for the job is 2 weeks of school and shaving your head.After you accomplish that its off to finding an abandoned parking lot and car spooning with your buddy for hours on end!
 
This is what you get when your only qualification for the job is 2 weeks of school and shaving your head.After you accomplish that its off to finding an abandoned parking lot and car spooning with your buddy for hours on end!
whats a matter numbnutz? daddy not give u enough attention growing up? poor thing. or maybe u were coock fed vs. breast fed
 
Seriously thats your response?I expect nothing less.Uneducated and overpaid you sir are a beacon of the community.
 
This is what you get when your only qualification for the job is 2 weeks of school and shaving your head.After you accomplish that its off to finding an abandoned parking lot and car spooning with your buddy for hours on end!

You are either very uninformed, uneducated or insecure. I'm guessing all three.
 
I guess I'm uninformed could you explain the process of becoming a police officer?

There's several depending on the Dept. But I can promise you that none are two weeks. Mine was 6 months of intense training at our own academy after a BS in Criminal Justice.
 
Law enforcement at any level, is no longer about about public safety or protecting the public, it is about collecting revenue period! "To Protect and To Serve" has become a quaint anecdote.

I know you LE's will take offense at that statement but I'm sorry I've watched firsthand as over the last year two loosers on two unrelated occasions walked away without so much as a slap on the wrist while I face $225K in expenses at their hands and my 17 year old son goes through the possible loss of his dream and career. I had some means from 30 years of running my own companies and now I have to sell it all off to pay the medical bills and vehicle loses so these two jerks can continue to drive unlicensed, uninsured and unregisterd. Cops did not even arrest them and the DA would not prosecute them despite eyewitnesses and criminal violations on both their parts. The judge reduced their fines 30% despite both having outstanding warrants one in this county but were not held and extradited on those warrants.

The same principle laws are applied differntly depending on who the person is that is being questioned. As long as said person can pay into local, state and federal government coffers it will be persued, it is not about public safety. But those without the means to pay into the system will not be prosecuted until their crimes are so serious the judicial system can't possibly leave them out in public anymore.

Law enforcement is a joke!

Mikey
 
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