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  #11  
Old 09-07-2008, 01:42 PM
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Originally Posted by ChristianBrother View Post
Can I just say something. I may only be 15, but I've studied international law to an extent.

In America, if an ordianry police officer tries to arrest you stating that they suspect you of an offence, then you have the right to request a lawyer, and you may refuse until you can see a superior officer. But if a member of the FBI, NCIS, CIA or the ITA are going to arrest you on suspeted criminal activity then you cannot refuse. You must go with them.

Also, it is within the law in America for traffic cops to search your car without a warrant, but a normal police officer is not allowed.

Just thought I'd point this stuff out. Need any more info, then PM me.
Matt
Thanks, Matt, but I think you're in error in several points:
First, a traffic cop is an 'ordinary cop' -- he's just been assigned traffic duty. Second, you're vehicle may not be searched without a warrent, the actual arrest of the driver, or, at least, reasonable cause. This point is constantly being contested in various court cases, though, so who knows how things will eventually sort themselves out.

You may not refuse an arrest without courting an additional, resisting arrest charge. You do have a right to legal representation, including a lawyer during any questioning, but the propriety of your arrest will be decided at your arraignment, not at the time of arrest.
The arresting agency makes no difference, though I would point out that the CIA is not an internal law enforcement agency, it conducts surveillance and analysis within US borders, but its actual field operations are strictly extra-national (ie: its agents are spooks, not policemen).

Question: What's the ITA? I haven't heard of such an agency.

Last edited by Seyorni; 09-07-2008 at 01:46 PM..
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  #12  
Old 09-07-2008, 01:42 PM
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Originally Posted by 3.14 View Post
hahahahaa you know how much money you can sue the state for then, ps if only one person killed her then only one can be convicted for her murder the rest can only be convicted for conspiracy to murder and interfearing with an official police investegation
But ALL of them confessed..(they wanted to go home..)

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  #13  
Old 09-07-2008, 01:51 PM
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doesn't matter thats what recendable doubt is for
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  #14  
Old 09-07-2008, 01:52 PM
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doesn't matter thats what recendable doubt is for
I dont know if its recendable or not but it sure smells like a rat to me..

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  #15  
Old 09-07-2008, 01:53 PM
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"recendable doubt"?
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  #16  
Old 09-07-2008, 02:04 PM
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Originally Posted by Seyorni View Post
"recendable doubt"?
Is that like ..."I'm not sure about that but I doubt I'm not sure about that"???

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  #17  
Old 09-07-2008, 02:07 PM
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reasonable doubt

english isn't my first language so sometimes i go on hearing

Burden of proof - Wikipedia, the free encyclopedia

Last edited by 3.14; 09-07-2008 at 02:09 PM..
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  #18  
Old 09-07-2008, 02:27 PM
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This makes me like you even more Stacey!

Thanks for spreading awareness about this subject; it's something that sorely needs to be address.
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  #19  
Old 09-07-2008, 06:56 PM
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Originally Posted by Seyorni View Post
Kadz is a cop, but he's an Australian cop, so probably not the most helpful informant for an American.

As for your original question question, the general rule is that law enforcement needs a warrant to conduct a search, but if a cop really wants to search you, your car, or your house, s/he's likely invent an excuse.
Yes, they can make up a reason and I'm sure plenty of them do but a lot of those reasons do not constitute probable cause. And you have a great leg to stand on, as does your lawyer, if you refuse any searches because you know their justification for probable cause is bullcrap. Even the smell of marijuana in MOST states isn't probable cause. (It has been ruled in a lot of states, though, that it is). Obviously any illegal thing in "plain view" will then be probable cause to search your car, but if they say anything like you look like someone suspicious or someone who was seen in another area doing suspicious activity, or even that they are required, have footage of you or that someone has confessed something about you, you are STILL ALLOWED TO SAY "I DO NOT CONSENT TO ANY SEARCHES." You can then ask if you are being detained and if you are free to go. (Which you will be because if they had to ask you to search, they have no right to. Watch out for how they trickily word their requests though. Sounds and feels like a demand, but it's not). Even when they bring the dogs in, your rights don't just vanish. Not consenting to ANY searches means just that. You would also be able to request legal counsel before anything happens.


Quote:
Originally Posted by Seyorni View Post
Resistance Is likely to get you arrested -- for disorderly conduct, or even resisting arrest (an interesting catch-22). Then they can search at their leisure.
I'm not at all talking about resisting arrest or disorderly conduct, though. If you ASSERT YOUR RIGHTS that is neither suspicious nor disorderly. They WILL get PO'd big time because their job is to help convict you, but they know full well what rights you have. They are hoping for their reputation and paycheck's sake that you will either not know them or be pressured enough to forgo them. Which, sadly, so many people do (including yours truly )It's only because the pressure and intimidation can be tough.

People should watch: YouTube - BUSTED: The Citizen's Guide to Surviving Police Encounters
45 min. long but could be invaluable to you in the near or far future.
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Last edited by stacey bo bacey; 09-07-2008 at 07:19 PM..
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  #20  
Old 09-07-2008, 07:03 PM
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Originally Posted by ChristianBrother View Post
Can I just say something. I may only be 15, but I've studied international law to an extent.

In America, if an ordianry police officer tries to arrest you stating that they suspect you of an offence, then you have the right to request a lawyer, and you may refuse until you can see a superior officer. But if a member of the FBI, NCIS, CIA or the ITA are going to arrest you on suspeted criminal activity then you cannot refuse. You must go with them.
Hello Christian!

That's very interesting about the FBI, CIA, etc...I did not know that!

Quote:
Originally Posted by ChristianBrother View Post
Also, it is within the law in America for traffic cops to search your car without a warrant, but a normal police officer is not allowed.

Just thought I'd point this stuff out. Need any more info, then PM me.

Matt
Are you talking about traffic cops at international borders? If yes then you are absolutely right. But if you get pulled over on the road, they have absolutely no right whatsoever to search your car unless they are placing you under arrest or there is a warrant out for your arrest...which those two kinda go hand in hand.

Thanks for the info!
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