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The Range
Law & Order
Warrantless search - Rogers County
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<blockquote data-quote="tweetr" data-source="post: 3942932" data-attributes="member: 5183"><p>I'm organizing my thoughts on how to proceed, and I welcome any input in organizing my thoughts.</p><p></p><p>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.</p><p></p><p>To that end I want the Rogers County Sheriff's Department spanked for violating my son's person. How best to proceed?</p><p></p><p>Supporting facts:</p><p>1) The brake lights are and were in fact functioning, negating the stated reason for his stop.</p><p>2) Any LEOs can help me out here: do you normally perform a "taillight" stop with three vehicles and a dog?</p><p>3) In a "tailight" stop do you normally pull the driver out, search him, handcuff him, and place him in the police vehicle?</p><p>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.</p><p>5) Questioning him for what could be a felony suspicion without advising him of his rights probably violates Miranda (more research needed.)</p><p>6) There was no marijuana, nor any reasonable suspicion of marijuana.</p><p>7) Is the mere presence of (a suspicion of) marijuana grounds for a warrantless search? (More research needed.)</p></blockquote><p></p>
[QUOTE="tweetr, post: 3942932, member: 5183"] 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.) [/QUOTE]
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Warrantless search - Rogers County
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