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10-21-2017, 10:08 AM
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#41
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Montana Fan
Join Date: Mar 2016
Location: Sedona
Posts: 176
M.O.C. #18355
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I have to agree with Topjustice on this one. I am sure there are people who have been stopped and detained by police who thought they did nothing wrong. It is the rest of the story that makes clear what happened. Have had a law licence from three states for over 40 years and have heard many storys about how someone was abused by police. Not saying it never happens; most such storys get wide publicity and the cop usually is disciplined. Reference the one in Utah who tried to arrest the nurse who refused tolet him take blood from an unconscious man. That cop is now asking if you want fries with your order. The great bulk of the storys leave out significant facts; such as the suspect was drunk or stoned, or that he was reported to be threatening someone. Cops don't just ask to search w/o good reason, and you don't suffer by refusing such a request. They cannot hold you while they get a warrant unless there is probable cause to believe a crime has been/is being committed. They don't get PC just by saying so.
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10-21-2017, 10:15 AM
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#42
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Montana Master
Join Date: Jan 2005
Location: North Ridgeville
Posts: 20,229
M.O.C. #2839
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Good discussions here .I like the ones from folks in law enforcement and those with legal experience.
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10-21-2017, 12:55 PM
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#43
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Montana Fan
Join Date: May 2017
Location: Coeur D Alene
Posts: 264
M.O.C. #19835
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Quote:
Originally Posted by Beau2010
I have to agree with Topjustice on this one. I am sure there are people who have been stopped and detained by police who thought they did nothing wrong. It is the rest of the story that makes clear what happened. Have had a law licence from three states for over 40 years and have heard many storys about how someone was abused by police. Not saying it never happens; most such storys get wide publicity and the cop usually is disciplined. Reference the one in Utah who tried to arrest the nurse who refused tolet him take blood from an unconscious man. That cop is now asking if you want fries with your order. The great bulk of the storys leave out significant facts; such as the suspect was drunk or stoned, or that he was reported to be threatening someone. Cops don't just ask to search w/o good reason, and you don't suffer by refusing such a request. They cannot hold you while they get a warrant unless there is probable cause to believe a crime has been/is being committed. They don't get PC just by saying so.
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Good analysis. As you can probably see from my forum handle I have had a bit of legal experience, with licenses in three jurisdictions over the past 43 years including prosecutor at both federal and state levels, chief public defender and private defense counsel, government counsel in various agencies and 4 years on the bench, with some special appointments in federal cases.
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10-21-2017, 01:03 PM
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#44
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Montana Master
Join Date: Oct 2004
Location: Salem
Posts: 7,670
M.O.C. #2283
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Thanks topjustice. We need your help. I know what I think means less than nothing so any advice you can give will be much appreciated by me and many others. You can't beat a man at has own occupation.
Lynwood
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10-22-2017, 05:05 AM
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#45
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Montana Master
Join Date: Mar 2011
Location: Okeechobee
Posts: 2,150
M.O.C. #11206
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Quote:
Originally Posted by topjustice
Sorry but everything you said is wrong. I don't mean to insult you but please consult an expert on these matter if you believe what you say is true.
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Hi
Not hardly.
We are talking about vehicles.
Nowhere in this disunion has there been a reference to when or where the request to search the vehicle takes place.
There is always something to cause the request to search it can be as minor as a dirty license plate or the officers observation of your actions. The law enforcement community including judges takes the position that the officers are trained to observe and tack action based on their observations and are just doing their job.
The officer has total control during the period of time you interact with him. Even arguing with the officer can result with a charge of resisting arrest without force.
I have always taken what I considered an unjust arrest or citation to court and defending myself and using a court reporter I have never lost.
Phil P
__________________
2009 Montana 3665RE
2009 Duramax 3500 DRW quad cab
personal web page https:// www.sallyscoffees.com
If you get a page not available then remove the "s" after HTTP
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10-22-2017, 08:25 AM
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#46
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Montana Master
Join Date: Feb 2006
Location: Denver
Posts: 1,049
M.O.C. #5329
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Ironic, is it not, that the very sewers where you may need to defend yourself are the places where it is difficult to do so.
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10-22-2017, 08:44 AM
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#47
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Montana Master
Join Date: Nov 2007
Location: Kville
Posts: 2,865
M.O.C. #7871
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Here's what everybody needs, Traveler's Guide To Firearm Laws":
http://www.gunlaws.com/travel.htm
My issue is a few years old, but I'm sure this quote is still current for New Jersey.
"Travelers to New Jersey should be prepared for highly restrictive firearms laws. The state's urban demographics and left-wing political bent have made it a hell house for gun owners."
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10-22-2017, 11:21 AM
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#48
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Montana Fan
Join Date: May 2017
Location: Coeur D Alene
Posts: 264
M.O.C. #19835
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Quote:
Originally Posted by Phil P
Hi
Not hardly.
We are talking about vehicles.
Nowhere in this disunion has there been a reference to when or where the request to search the vehicle takes place.
There is always something to cause the request to search it can be as minor as a dirty license plate or the officers observation of your actions. The law enforcement community including judges takes the position that the officers are trained to observe and tack action based on their observations and are just doing their job.
The officer has total control during the period of time you interact with him. Even arguing with the officer can result with a charge of resisting arrest without force.
I have always taken what I considered an unjust arrest or citation to court and defending myself and using a court reporter I have never lost.
Phil P
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You should be commending those that serve us by risking their lives everyday to protect you instead of painting them with a negative broad brush based on a few bad apples. If you have had so much trouble and so many encounters with law enforcement then maybe you should look yourself in the mirror and ask why.
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10-22-2017, 11:47 AM
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#49
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Montana Fan
Join Date: Mar 2016
Location: Sedona
Posts: 176
M.O.C. #18355
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Good advise, TJ. We have been RVing since late "90s and have crossed the country multiple times including immigration checkpoints in Southern AZ and CA as well as border checks into Canada and Mexico with never anything other than a "have a good day" from the officer manning the checkpoint. Like TJ, I have experience in the law, both as a prosecutor and a judge and I know of no place where a dirty licence plate, without a lot more, would give an officer probable cause to search your vehicle. I suspect there is quite a bit more to the story that is not being told. We are all aware that there are bad apples among police forces just as in any profession, but the far greater majority of police are simply doing their job as best they can.
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10-22-2017, 12:01 PM
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#50
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Montana Fan
Join Date: Feb 2015
Location: Ferndale
Posts: 273
M.O.C. #16033
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If you have a lot of police contact and bad interactions with the police. Need to look at why? Like I said I have contacted a lot of people and treat them with respect. It is not always returned. I try to explain why I stopped them. When people act like jerks or are evasive. I ask myself why? Good and bad folks in law enforcement. We try and root out the bad. As a lieutenant I won't hesitate to hold our folks accountable and encourage them to find a Profession better suited to them. Sorry for the rant but....not ever police officer is out doing bad things nor do police get warrants to search because people they say no. What are YOU doing to have these type of contacts. RV on Go back and read with the Judge said.
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10-22-2017, 12:09 PM
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#51
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Site Team
Join Date: Oct 2005
Location: Anywhere the Montana is parked
Posts: 650
M.O.C. #4839
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MOC rules:
Fair Warning: Discussions about politics, religion and weaponry will be closed or removed.
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