Warrantless search - Rogers County

[OK Corgi Rancher]

I like how you called my response stupid but did not attempt to refute it. Why don't any of the "good ones" stop the "Few bad examples" from being straight up dookie human beings? Because there are no "good ones just doing a hard job" If one of my associates murders someone, and I don't do anything to stop it, I am an accomplice and therefore guilty by association, right? Now apply that same logic to police.

I don't need to refute it because it's utterly ridiculous on it's face and there is no way you can support...in a factual and rational way...the average cop shoots people simply for refusing to consent to a search.

And whether you or l like it or not, if an officer does have PC to search a vehicle and the subject resists at a level that justifies a deadly force response then that's on the subject...not the officer.

I don't dispute there are bad cops and cops who shouldn't be doing the job for various reasons. But to say the average cop does what you stated, for the reasons you stated, is just plain stupidity.

 

[BadKarma]

Without disputing the facts:

If an LEO smells marijuana in a vehicle and an occupant can't produce a medical marijuana card, there is probable cause to search the vehicle without a warrant. Miranda is also not required in these circumstances. Also see Carrol V. U.S. 267 U.S. 162 Warrantless search of a vehicle.

To file a complaint, you will need to contact the Roger's County Sheriff's Office.

^^^^^^ That right there.

 

[DavidMcmillan]

There are "bad cops" just like there are bad truck drivers, bad welders, bad IT employees, and bad gun owners. Lumping all of anything as a group is like was said above, stupid.

 

[trekrok]

Hm. Disagree.

The Fourth Amendment requires specificity in determining "reasonability". A general odor of weed in the wind does not specify a place to be searched.

I too smell weed often, particularly when traveling in California. It is pretty directional in nature. I've never had any trouble locating the source of the skunk smell. As there was no weed in his car, there was no directionality of the odor to lead the deputies to his car.

Yeah, I'm not really advocating it's right. More that, if the smell of weed allows a search, pretty much anyone could be searched.

 

[Rez Exelon]

And whether you or l like it or not, if an officer does have PC to search a vehicle and the subject resists at a level that justifies a deadly force response then that's on the subject...not the officer.

*If an officer can make up PC to search ____ and the subject fights the unjust pretext at a level (where the officer can say they were scared) then they'll be covered by qualified immunity and protected and any blame is placed on the person....

 

[okcBob]

There are "bad cops" just like there are bad truck drivers, bad welders, bad IT employees, and bad gun owners. Lumping all of anything as a group is like was said above, stupid.

The difference is the bad cops have the power of arrest.

 

[tweetr]

So maybe a better question would be, "Why was your son stopped in the first place?"

Agree.
The deputies cited a "broken brake light" which turns out simply not to be true.
That and the nature of the stop with multiple vehicles and dogs suggests my suspicion that they were looking for a vehicle whose description his car met.

 

[DavidMcmillan]

County deputies seldom travel in packs, so did one make the stop and call for assistance based on what he saw, smelled, or actions of your son?

 

[tweetr]

County deputies seldom travel in packs, so did one make the stop and call for assistance based on what he saw, smelled, or actions of your son?

Called in the dog because of "nervousness", they said.

 

[Rez Exelon]

There are "bad cops" just like there are bad truck drivers, bad welders, bad IT employees, and bad gun owners. Lumping all of anything as a group is like was said above, stupid.

There's an old comparison that some industries can't afford bad folks. Airlines can't afford to have 99.5% of pilots want to land and the other .5% wanting to just fly the bird into a mountain for instance. In this case lets assume that 99.999% of cops are great and the other .001 want to kill people. With 660,000ish LEO's in the US that'd leave 660 people with qualified immunity wanting to kill people.