I'm telling you...it's a lawsuit happy world. If people "see" something, whether it happened or not, they are going to try and make money off of it. It's the same thing with the people that claim McDonald's made them fat, or the hot drink gave me 3rd degree burns in my mouth.
As far as the searching goes...I remember that law enforcement is allowed to search without reason if you give them permission, or if they see something in visible sight that provokes what they are looking for. There are other scenarios, but I don't recall.
"or if they see something in visible sight that provokes what they are looking for"
NO. Unless i am misunderstanding you, then that's not true. When they have a warrent the only thing they can seize is whatever the warrent is for. If they see something else, they have to get another warrent. (which since they've seen it will take about eight seconds, but it still holds). And yes they are allowed to search whatever if you give your permission.
okay, you can be searched under probable cause. If you are 17 and smell like alcohol, the police officer has probable cause to search you. If you are in the neighborhood of a recent robbery, he has probable cause to search you.
The in plain sight thing usually refers to say you were throwing a party and someone called the cops on you. The cop comes to the door and says hey knock it off and he looks at your coffee table and sees a hookah and a baggie of "oregano" right next to it, he has the right then to search. If everything is put away, the people who answer the door don't tip off the cop in any way and everything is hidden, then he has no right to search.
The laws complicated but Purdue is helping me understand it.
I don't have a court date. The cop said I was given a court date, but there was something up his ass because there was no damn court date on the paper.
Don't know about illinois but in Wisconsin we have "search incident to arrest".
If you're getting arrested, they can search anything you have on you including your phone, car, purse, etc. Don't be embarrassed by what he saw in your phone, trust me he's seen worse.
And don't let one officers attitude or procedure spoil your thoughts on all officers. Yes, they are there to protect you. If your trip to walgreens went normal and on the way to the car someone mugged you, they would have sent 4 squads for that also and you would have appreciated it. I was in law enforcement for several years and never met a cop who didn't want to catch a criminal, so thats what they do. Mugging or shoplifting doesnt matter.
Also, lawyers and cops aren't as similar as people think. Officers are trained to just gather the evidence, catch the (potential) offender, and put the report together to the best of their knowledge. After that they send it to the courts and couldn't care less what happens. SO, if most of what your saying is true, then yes, you should be more confident in your court date because there is no evidence. Thats where the lawyers and prosecutors come in because they take the case on and start using all their little loopholes to try to win.
Just don't bash all cops. Its a very difficult job and society is what makes them have that "attitude" you are taking so personally. Don't let it get to you. 90% of the time cops are sent to places where they are not wanted. its not like working in a store where people are coming in because they want something and have a decent attitude as soon as they walk in the door. it will get to anybody who is on the job, but deep down most cops are good people and the ones who aren't will get caught eventually and they won't be patrolling anymore once they do. That is a major reason I got out of it though, is because the job was making me a mean person and it wasn't worth it to me.
But like the one in your situation said "all parents side with their kids". thats the truth. I can understand why no parent wants to see their kid arrested, but sometimes kids do dumb things and denying or lying doesn't help anybody involved. So if you did it just pay the fine and learn from it. If you didn't do it get a lawyer. But don't call the station and ask for the chief all they will do is laugh at you.
Please post as soon as anything comes of this because now I'm curious to know what happens.
Last edited by kahmooza on February 4th, 2007, 9:07 pm, edited 1 time in total.
i am a professional forum abandoner, i usually leave a forum once i hit 200 posts cause i get tired of the same crap everytime. but hey stick around, may is comming soon!