Warrantless search - Rogers County

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OK Corgi Rancher

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The "beating a dead horse" smiley isn't whacking the horse's ballsack. A horse's ballsack isn't on it's rear haunch. And those are flies buzzing around the dead horse's mouth.

Whacking is what the "I hate cops" contingent is doing in the "Memphis Cops" thread...

Not really, Corgi. It's the substance of the matter. Not at all dead.

Yes, really, tweetr. There is no substance to this thread. Minds will not be changed. You're still extremely ignorant of how warrantless searches work and how they've been upheld time and time again by courts at every level in this country. That's exactly how our Constitution works and why the Constitution established a high court.

So, yeah... It's a very dead horse. But I know you'll continue to beat it until you get the validation you're looking for.
 

OK Corgi Rancher

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Pablo, perhaps you could point me to that language in the Fourth Amendment which exempts "exigent circumstances" from the requirement for probable cause.

It's simple... It's a one word explanation. And it's been explained to you countless times. You just don't want to understand it because you think you're far more enlightened than everyone else. And because you have a chip on your shoulder over some perceived slight. Instead of just moving on like a normal person you just can't help but pick at the wound.
 

El Pablo

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Pablo, perhaps you could point me to that language in the Fourth Amendment which exempts "exigent circumstances" from the requirement for probable cause.
CASE LAW as mentioned time and time again. I’m off to beat another dead horse.

The fact you see someone killing someone then run in a house… IS probable cause.
 

kryptoniteguy

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I'm organizing my thoughts on how to proceed, and I welcome any input in organizing my thoughts.

1) My ultimate goal for any action is that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. I want my son and everyone else to go peacably about their business secure against capricious search and battery upon their persons.

To that end I want the Rogers County Sheriff's Department spanked for violating my son's person. How best to proceed?

Supporting facts:
1) The brake lights are and were in fact functioning, negating the stated reason for his stop.
2) Any LEOs can help me out here: do you normally perform a "taillight" stop with three vehicles and a dog?
3) In a "tailight" stop do you normally pull the driver out, search him, handcuff him, and place him in the police vehicle?
4) Stated reason for the search of his person and vehicle was "smelling weed." As there was no weed found nor confiscated, this reason is tenuous at best and certainly bears the appearance of a blanket excuse to violate his person and effects.
5) Questioning him for what could be a felony suspicion without advising him of his rights probably violates Miranda (more research needed.)
6) There was no marijuana, nor any reasonable suspicion of marijuana.
7) Is the mere presence of (a suspicion of) marijuana grounds for a warrantless search? (More research needed.)
I would start with a FOIA request of the video of the incident. Should be able to get the dash cam from the cop car. Would definitely be able to tell if the light was out.
 

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