proable cause and cops.

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  • Automaggin2
    Registered User
    • Sep 2002
    • 2506

    #31
    West Bye God Virginia has some crazy laws. Cops cant touch you or say anything to you as long as your not on the townships property, IE streets or sidewalks. I can stand an inch from the sidewalk with a beer in my hand and a blunt and cops cant do crap. Cops cannot arrest people on someones property here. I love it.


    At home, if a cop sees more then the average number of cars infront of a house, they get suspicious and stand ground for awhile. We can be completly silent but cops will notice a lot of cars in a neighberhood and snoop around.


    There are some cool cops in my town. If there is a complaint, sometimes they will show up and just say keep it down and no one is driving. I respect that, but then there are cops that will do anything to arrest someone, including illegally entering a house. It has been done before, without probable cause. One time a buddy of mine said "talk to my lawyer", gave the cop a business card, and the cop just walked away and didn't say a word. If a cop enters your house, illegally or legally, and you mention the word lawyer, it usually scares them.
    Dub V

    Where greatness is learned
    and couches are burned

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    • Lohman446
      Useful posts: 7
      • Jun 2003
      • 9315

      #32
      You guys... in seriousness one of the things you need to consider strongly are civil penalties should something go wrong associated with what you are doing.
      "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

      Comment

      • PyRo
        President Bioloaf inc.
        • Dec 2000
        • 10186

        #33
        Originally posted by WicKeD_WaYz
        I think what your touching on though is illegally obtained evidence. Like the OJ case for example. If they come in your house and your lawyer can prove they shouldnt have, then anything they find is thrown out. So in theory yea if a cop just walks in your house for no reason and sees that your growing weed, I dont know, come to think on it you might still get rolled. Im just rambling now ill stop.
        Basically if the cops want to come in they're going to find somthing to use as probable cause no matter how carefull you are. What are you going to do about it? You're going to spend thousands on a lawyer to get out of it or you're going to pay a few hundred dollars in fines or some other slap on the wrist.

        Comment

        • SlipknotX556
          Registered User
          • Nov 2001
          • 5054

          #34
          Misfit, I hope you have more pics then that teaser one you posted.

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          • Jakedubbleya
            Don Quixote
            • Mar 2005
            • 631

            #35
            Originally posted by Lohman446
            Thats great theory.. totally wrong but great theory. As long as they legally entered the premises they can arrest you, charge you with, and use evidence obtained against you on that entrance that related to any criminal activity. Other than being totally wrong, it sounds like something some stoner came up with, its pretty good. I do credit you wtih the best laugh of the day, and you did have a good disclaimer. So other than being totally wrong, its all good.
            Yeah ur prolly right that makes more sense.

            Sorta put a damper on my partying tho.

            Comment

            • SlartyBartFast
              The Flying Scotsman
              • Jun 2002
              • 2940

              #36
              Originally posted by Jakedubbleya
              Ive come to understand probable cause as:
              And you're completely wrong.

              Once they enter, they can use anything in plain sight against you.

              The only limit on them is they can't search the house for anything other than the reason that they entered. But, anything they come across while searching for their "primary" target can be used to obtain a warrant to search for anyting/everything else.

              Comment

              • Steelrat
                I meant to...uh, nevermind
                • May 2003
                • 5375

                #37
                Originally posted by Jakedubbleya
                Ive come to understand probable cause as:

                They hear screaming so they bust in. They save the lass or whatever.

                Now they ALSO notice within the house, by chance, a marijuana plant and a couple of 12 year olds shooting up on acid.

                (Now 12 year olds shooting up on acid may be an "emergency" and cancel this out but its just a zaney example.)

                They cannot hold you for the merijuana because that was not the "probable cause" for which they entered upon your property.

                Neither can they charge the psycadelic gradeschoolers with consumption, same reason.

                So if a cop busts in because of "fire code violation" or some b.s. he does not have the legal ability to charge your friends with drinking tickets. They are not admissable in court and all your friends should refuse to sign the tickets.

                Same deal with a warrant, if they get a warrant looking for illegal drugs and find youve got say illegal weapons, they cant hold you for them.

                But this is just what ive been told, if anybody knows the facts on this id like to hear the real deal.


                tactic:
                Put up a private property/no trespassing sign on the outside of your property (if you have a house with a big lawn/frathouse), then if the cops give you a bs excuse (like the example you gave, said your neighbors were complaining but your neighbors were in fact at the party) you can charge them for trespassing(i think), or at least threaten them which will give you a lot of leeway. They wont just walk up to your house anymore to see whats going on.

                underage consumption of alchohol tickets are no fun in utah, 600$-800$ and 20 hrs of comm. service, we do all we can lol. I tend to keep to the smaller parties myself tho.
                edit: also cops hate showing up for court on small things like drinking tickets, use that to ur advantage (mix in with much politeness).
                --------------------------------

                btw mad max is the man.
                Wrong, but you can go on believing that if you want.

                Why is it that people feel the need to treat the police as the enemy? Police officers are willing to die to defend you and your loved ones, yet because they enforce laws you don't agree with they are the bad guys? Society as a whole is responsible for the laws, the police just enforce them. You don't have to agree with them, but you do have to obey them or face the consequences.


                A site for gay and alternative lifestyles: www.zakvetter.com

                Comment

                • PyRo
                  President Bioloaf inc.
                  • Dec 2000
                  • 10186

                  #38
                  Originally posted by Steelrat
                  Wrong, but you can go on believing that if you want.

                  Why is it that people feel the need to treat the police as the enemy? Police officers are willing to die to defend you and your loved ones, yet because they enforce laws you don't agree with they are the bad guys? Society as a whole is responsible for the laws, the police just enforce them. You don't have to agree with them, but you do have to obey them or face the consequences.
                  It's not that they are treated as the enemy it's that power has to be kept in check.

                  Comment

                  • fire1811
                    Firefighter
                    • Nov 2002
                    • 4930

                    #39
                    how is getting angry that they bust an underage drinking party keeping them in check?
                    "The Few Who Do Are The Envy Of The Many Who Only Stand And Watch"

                    Alway Remember *343*

                    Si vis pacem, para bellum

                    Comment

                    • PyRo
                      President Bioloaf inc.
                      • Dec 2000
                      • 10186

                      #40
                      Originally posted by fire1811
                      how is getting angry that they bust an underage drinking party keeping them in check?
                      Getting angry that they bust underage drinking is not what I ment. I ment somthing like not letting them into your house because you don't have to. Or getting angry when they start walking right through the front door without proper probable clause because they know you're not going to fight it in court and even if you did the judge would side with the local police over a college student. You're only shot at winning would be managing to get a change in venue (good luck and even better luck affording it) or apealing it to a higher court which would get very expensive and most likely no apeals court is going to want to hear it.

                      Comment

                      • Steelrat
                        I meant to...uh, nevermind
                        • May 2003
                        • 5375

                        #41
                        I don't like police abuses at all, but the subject of this thread is essentially how to keep police from discoving underage drinking at a party.


                        A site for gay and alternative lifestyles: www.zakvetter.com

                        Comment

                        • Lohman446
                          Useful posts: 7
                          • Jun 2003
                          • 9315

                          #42
                          Originally posted by Steelrat
                          I don't like police abuses at all, but the subject of this thread is essentially how to keep police from discoving underage drinking at a party.
                          And the answer is, what's not there, can't be discovered
                          "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

                          Comment

                          • Jakedubbleya
                            Don Quixote
                            • Mar 2005
                            • 631

                            #43
                            Originally posted by Steelrat
                            Wrong, but you can go on believing that if you want.

                            Why is it that people feel the need to treat the police as the enemy? Police officers are willing to die to defend you and your loved ones, yet because they enforce laws you don't agree with they are the bad guys? Society as a whole is responsible for the laws, the police just enforce them. You don't have to agree with them, but you do have to obey them or face the consequences.
                            i already admitted i was wrong bro...

                            and i dont hate cops im just givin ideas as to keep the party goin.
                            Sometimes cops in certain areas (like utah where drinking is like a mortal sin) are a little over the top with the way they handle small things like parties, so we compensate is all.

                            Comment

                            • Steelrat
                              I meant to...uh, nevermind
                              • May 2003
                              • 5375

                              #44
                              Sorry, the posting is so fast sometimes that something is taken care of before you finish the post.

                              And I will say this: If there is some loud all-night kegger going on next door to me, I don't care if they ram the door and toss in flash-bangs, just as long as they shut them up.


                              A site for gay and alternative lifestyles: www.zakvetter.com

                              Comment

                              • fire1811
                                Firefighter
                                • Nov 2002
                                • 4930

                                #45
                                Originally posted by Steelrat
                                And I will say this: If there is some loud all-night kegger going on next door to me, I don't care if they ram the door and toss in flash-bangs, just as long as they shut them up.
                                lol that would be sweet
                                "The Few Who Do Are The Envy Of The Many Who Only Stand And Watch"

                                Alway Remember *343*

                                Si vis pacem, para bellum

                                Comment

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