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The Range
Law & Order
Warrantless search - Rogers County
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<blockquote data-quote="OK Corgi Rancher" data-source="post: 3943343" data-attributes="member: 45773"><p>Again... I don't think you're the Constitutional expert you seem to think you are. There are many ways in which police may conduct searches without a warrant. You are correct that it's not legal to perform a search without probable cause or a warrant in order to find PC, though. I doubt that happens very often...and if it does it doesn't hold up in court.</p><p></p><p>Let me give you an example (true story):</p><p></p><p>I was patrolling early one morning...about 0300. I stopped a car for a minor violation...don't recall what. When the driver opened his glove box he had a stack of currency about 4" tightly wrapped in a zip-loc baggie in there. It was a lot of money and it seemed odd to me. Nothing wrong or illegal, but I saw it and nothing prohibits me from asking questions about it. The driver is not obligated to answer.</p><p></p><p>I asked him where he got the money? "Work". Why is it in your glovebox? "I'm going to look at an apartment." Right now? "In about 30 mins." At 3:30 in the morning? That's odd. "Yeah...that's when the guy's available."</p><p></p><p>OK...not a thing in the world wrong with looking at an apartment at 3:30 in the morning. But it's VERY unusual...especially in the rural area where this occurred.</p><p></p><p>Went back to the stop and he couldn't produce proof of insurance. He also had an address that was an hour away and couldn't explain why he was in this particular area when he said he was looking at an appt much closer to where he lived.</p><p></p><p>In Colorado, failure to provide proof of insurance is a misdemeanor offense (or it was then). I knew the guy's story was bulls**t and I knew he was up to no good based on my experience. So I arrested him. Unusual to arrest someone for that, yes. But perfectly reasonable and legal.</p><p></p><p>I had to secure his car. And because he had a very large amount of cash I did what's called an inventory search of the vehicle in his presence to account for all his valuables...like the cash. He said he had a lot of work tools in the trunk...very valuable stuff. When I searched the trunk I found many items commonly associated with burglaries. </p><p></p><p>I forwarded the report to the detectives and they were able to clear 30-some odd burglaries traced to this guy and recover hundreds of thousand of dollars worth of property.</p><p></p><p>You can be a Constitutional purist all you want. But nothing in the Constitution prohibits honest police work and a lot of things you're complaining about have been upheld in the courts for decades.</p></blockquote><p></p>
[QUOTE="OK Corgi Rancher, post: 3943343, member: 45773"] Again... I don't think you're the Constitutional expert you seem to think you are. There are many ways in which police may conduct searches without a warrant. You are correct that it's not legal to perform a search without probable cause or a warrant in order to find PC, though. I doubt that happens very often...and if it does it doesn't hold up in court. Let me give you an example (true story): I was patrolling early one morning...about 0300. I stopped a car for a minor violation...don't recall what. When the driver opened his glove box he had a stack of currency about 4" tightly wrapped in a zip-loc baggie in there. It was a lot of money and it seemed odd to me. Nothing wrong or illegal, but I saw it and nothing prohibits me from asking questions about it. The driver is not obligated to answer. I asked him where he got the money? "Work". Why is it in your glovebox? "I'm going to look at an apartment." Right now? "In about 30 mins." At 3:30 in the morning? That's odd. "Yeah...that's when the guy's available." OK...not a thing in the world wrong with looking at an apartment at 3:30 in the morning. But it's VERY unusual...especially in the rural area where this occurred. Went back to the stop and he couldn't produce proof of insurance. He also had an address that was an hour away and couldn't explain why he was in this particular area when he said he was looking at an appt much closer to where he lived. In Colorado, failure to provide proof of insurance is a misdemeanor offense (or it was then). I knew the guy's story was bulls**t and I knew he was up to no good based on my experience. So I arrested him. Unusual to arrest someone for that, yes. But perfectly reasonable and legal. I had to secure his car. And because he had a very large amount of cash I did what's called an inventory search of the vehicle in his presence to account for all his valuables...like the cash. He said he had a lot of work tools in the trunk...very valuable stuff. When I searched the trunk I found many items commonly associated with burglaries. I forwarded the report to the detectives and they were able to clear 30-some odd burglaries traced to this guy and recover hundreds of thousand of dollars worth of property. You can be a Constitutional purist all you want. But nothing in the Constitution prohibits honest police work and a lot of things you're complaining about have been upheld in the courts for decades. [/QUOTE]
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