One for the bashers....Reasonable Suspicion

[posse comatosis]

I think we have to adapt our tactics to meet the criminal element

Perhaps best to keep police tactics within a constitutional framework. That was the best decision I ever read regarding Terry stops and frisking. Really split the fine hairs.

 

[kdavis1984]

Going for popcorn.....

I'm back, proceed.

I've got the beer, pass the popcorn!!

 

[yamatitan]

It appears to me to be one of those scenarios in which multiple criminals are allowed to go free to protect the liberty of an innocent man....

I am willing to make that sacrifice.

THIS!

 

[BUSTER48]

i think we need more use of the death penalty. If you cannot be let back into society, then why are you alive?

Life in prison should be commuted to death.

Now we're talkin'.

 

[kcinnick]

Wonder how all the libs would react when they find out that the thug that just invaded their home with a 9mm, shot their wife and raped their dog before cleaning out their gun cabinet was looked at by a LEO minutes before as being a suspicous person with a possible concealed weapon, but didn't do the stop cuz he knew a lib judge would kick it? We gotta' go back to common sense somehow.

This is not about "libs", this is about liberty. The "conservative" judges are just as bad when it comes to violating liberty.

I don't think any BG would rape my bulldog, we use to take her to the dog park and she is a sweetheart until a dog tries to mount her, then that bull baiting instinct kicks in and she swings around, bites the face of the dog mounting her and flip him!!! We can't take her to the park anymore since some people refuse to control their humping dogs!

 

[VeedUp]

I'll bet you from now on Officer Hasiak writes his reports differently!




.

That's one of the problems. I'm all for getting the bad guy off the street, but if it means I must start "bending the rules" per say, I've seen that become habit forming and before long your covering up ******** to keep your character.

Looks like officer hasiak jumped the gun and didn't give the guy a chance to give him probable cause for a frisk down, maybe he didn't feel like running after him who knows, but really if you can't play by the rules and get the bad guy where it goes to court and sticks, then your wasting time and money that could be spent on putting another bad guy in jail. The DA's office has to let criminals go due to lack of evidence for a conviction.

 

[Hardballing]

That's one of the problems. I'm all for getting the bad guy off the street, but if it means I must start "bending the rules" per say, I've seen that become habit forming and before long your covering up ******** to keep your character.

Me too, meaning this is a pattern that is VERY easily started, then VERY hard to stop.

Think from the officers perspective. All it would have taken for this Terry stop to have been affirmed was the simple addition of, "the officer observed that the item concealed beneath the jacket had the general shape of a handgun". But that would have been a lie. And Off Hiack is to be commended for taking the action he took, then telling the truth about why he took it, win or lose.

And frankly it's really that simple. You're either gonna lie or you're not. End of story. If you do, imo, you're a thug with a commission and when (not if) it bites you on the butt, my hope is it takes out your legs and lower intestines too. The MOST fragile commodity an officer has is his/her integrity. It is THE linchpin on which all other functions are balanced.

Rant part deaux complete. Again...party on.

 

[oleheat]

I have to feel for the police who do their jobs getting scum off the streets and out of society- only to have the judicial system spring them loose on society over and over again, resulting in repeat arrests. That is such ********.

 

[Morgan Allison]

FWIW, this is an 8th Circuit opinion, not binding on Louisiana (which is in the 5th Circuit.) I think there would have been a different result in the 5th Circuit.

 

[Nolacopusmc]

FWIW, this is an 8th Circuit opinion, not binding on Louisiana (which is in the 5th Circuit.) I think there would have been a different result in the 5th Circuit.

very true. Just putting it out there.

 

[OneStory]

i agree it is a slippery slope.


But then how to you prove they are scumbags when their way of being scumbags outpaces your ability to prove it with current doctrine?


What if we continued to fight wars like we did in the revolutionary war. All in line marching straight ahead to the other side while out enemy was using all the technology we know today?

you have to keep up with your adversary, and ou criminal element is way more crafty than you may think.

But LEO aren't at war.

One answer is for each individual to protect themselves.

What if the bad guy would have told the LEO, "I sure am glad you stopped me because I was going to go try and do something that would have gotten my head blown off."? That's the attitude I want to instill in violent criminals.

 

[OneStory]

I agree with the court ruling...even though it sucks!

 

[Nolacopusmc]

But LEO aren't at war.

One answer is for each individual to protect themselves.

What if the bad guy would have told the LEO, "I sure am glad you stopped me because I was going to go try and do something that would have gotten my head blown off."? That's the attitude I want to instill in violent criminals.

1. You need to wake up

2. It was an example..

 

[OneStory]

1. You need to wake up

2. It was an example..

I know. But I don't like hearing military references from LEO as it pertains to the execution of their jobs - especially officers who are respected and emulated...

And... I'm sensitive to the way our government is knitting LEO and the military together. It may only be a matter of time...but that is for another thread.

If I were LEO, I'd be so frustrated at the limits imposed upon me. I understand the reason for those limits and, everytime a LEO screws up, I am reminded how important those limits are.

 

[Bayoupiper]

That's one of the problems. I'm all for getting the bad guy off the street, but if it means I must start "bending the rules" per say, I've seen that become habit forming and before long your covering up ******** to keep your character.

Looks like officer hasiak jumped the gun and didn't give the guy a chance to give him probable cause for a frisk down, maybe he didn't feel like running after him who knows, but really if you can't play by the rules and get the bad guy where it goes to court and sticks, then your wasting time and money that could be spent on putting another bad guy in jail. The DA's office has to let criminals go due to lack of evidence for a conviction.

That was kind of tongue in cheek but the simple fact is a lot of officers write crappy reports.

I was not trying to suggest the officer "bend" the rules and falsify a report.

You almost do have to be an english major these days to write a report where most people who may read it can understand it and will survive scrutiny in court.

I've seen many cases dismissed over poorly written reports.




.

 

[OneStory]

Man, I hate to let a good thread go to waste by not bashing some LEO...

 

[Gus McCrae]

Cops suck. /thread

 

[RCRAMIE]

That was kind of tongue in cheek but the simple fact is a lot of officers write crappy reports.

I was not trying to suggest the officer "bend" the rules and falsify a report.

You almost do have to be an english major these days to write a report where most people who may read it can understand it and will survive scrutiny in court.

I've seen many cases dismissed over poorly written reports.




.

+1

I agree on the court decision. It happens a lot more than normal people would think also.

I know Law Enforcements hands are tied in their jobs but mine and other rights should not get bent or broken to untie those hands.

System needs work just not at the cost of peoples rights.

 

[RCRAMIE]

Think from the officers perspective. All it would have taken for this Terry stop to have been affirmed was the simple addition of, "the officer observed that the item concealed beneath the jacket had the general shape of a handgun".

Question if the state has a CCW permit does the fact it looks like a handgun give enough reason for the terry stop?

 

[posse comatosis]

there would have been a different result in the 5th Circuit

Maybe, but the case logic from the 8th Circuit is impeccable and would probably trump at SCOTUS.

RCRAMIE, a similar case from Louisiana:

http://scholar.google.com/scholar_c...top+french+quarter+knife&hl=en&as_sdt=8000002



Also if you have the time:

http://scholar.google.com/scholar_c...op+reasonable+suspicion+&hl=en&as_sdt=8000002

http://scholar.google.com/scholar_c...top+french+quarter+knife&hl=en&as_sdt=8000002