duke
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Post by duke on Jan 1, 2012 17:10:56 GMT -5
May Police Cut a Drug Baggie off a Suspect’s, uh, Nether Regions? Dec. 30, 2011 By Joe Palazzolo Seriously. It’s a question that needed answering. The U.S. Court of Appeals for the Fourth Circuit has ruled that using a knife for such a delicate deed is too dangerous. The case involves a Baltimore man arrested and convicted of possession with intent to distribute cocaine base. Volokh Conspiracy and walshslaw have discussions on the opinion here and here. The Fourth Circuit, in sum, found that an officer’s use of a knife to cut a sandwich baggie of crack off his penis, an act performed at night on a public street, was unreasonable. The man, Joseph Edwards, had tried to have the evidence suppressed while his case was in federal district court, arguing that officers’ search inside his underwear was unreasonable under the Fourth Amendment. blogs.wsj.com/law/2011/12/30/may-police-cut-a-drug-baggie-off-a-suspects-uh-nether-regions/ opinion: pacer.ca4.uscourts.gov/opinion.pdf/104256.P.pdf |
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Police Moderator
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Post by Police Moderator on Jan 1, 2012 19:13:37 GMT -5
Did Edwards get his dope back?
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duke
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Post by duke on Jan 2, 2012 10:29:49 GMT -5
Did Edwards get his dope back? Not stated. What you as a cop should note is the stated constitutional violation. The glee over whether the dealer did of did not get the contraband returned smacks of vigilante justice where the cops do as they please to punish citizen unlawfully. No doubt the cops will whine if there is a civil rights suite directed at the constitutional violators. "Our hands are tied. We can't do our job." Where the cops see their job description as busting heads rather than finding and apprehending. |
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Post by LimitedRecourse on Jan 2, 2012 10:51:31 GMT -5
Poor dope dealer. It's too bad his business of destroying the lives of othjers was interrupted and he was embarrassed a little bit. Seems that the courts would be more concerned with the damage his activities cause and the laws the dope dealer was breaking. Heaven forbid that the scum be punished...
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duke
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Post by duke on Jan 2, 2012 11:01:17 GMT -5
Haven forbid that the courts should ever punish the unlawful behavior of the cops?
Another cop expecting preferential treatment and no responsibility for unlawful acts. Always blame others for your acts?
What a wuss.
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Post by LimitedRecourse on Jan 2, 2012 11:05:23 GMT -5
You read a lot into others' statements and make sweeping generalizations about them. Your style of debate borders on infantile.
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Post by LimitedRecourse on Jan 2, 2012 11:08:18 GMT -5
As far as "blam(ing) others for your acts" I wasn't at the scene of this arrest, so none of my acts are in question. It would seem that the criminal is trying to get out of his due punishment by "blaming" others for his getting caught. A little personal responsibility and accepting the consequences of one's actions would go a long way toward building empathy for dope dealers and defense attorneys.
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TNBear
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Post by TNBear on Jan 2, 2012 11:28:23 GMT -5
This situation has created a mental image that will almost certainly cause me to overindulge in adult beverages. Without complete knowledge of the circumstances, it still occurs to me that the officer in question went above and beyond on this one.
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duke
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Post by duke on Jan 2, 2012 11:28:40 GMT -5
What if the baggie contained Gypsum? Here is one you, LR and PM can be proud of. Seizure of Fake Drugs Sparks Inquiry abcnews.go.com/WNT/story?id=130486&page=1 Yvonne Gwyn manages an auto repair shop in Dallas. She had never been accused of a crime. Then last August, she was charged with selling half a million dollars worth of cocaine. In fact, nearly half the cocaine seized by the Dallas Police Department last year is fake. "I don't know if we're talking about bad police officers, I don't know if we're talking about bad confidential informants or both." said Cynthia Barbare, a defense attorney. "Something is not right." Jesus Mejia, a mechanic and father of three, was imprisoned for five months. Mejia told ABCNEWS in Spanish that he asked several times, '"Why are you taking me in? Why are you taking me in?" And the police told him to shut up. Two Cops, Paid Informant They were all arrested by the same two police undercover agents working with a paid informer, who received more than $200,000 for turning over information on suspected drug dealers. Edit added the following: It seems easier somehow, more comforting, to blame this scandal on shoddy police work, on cranking out numbers, on willful blindness, on a super-snitch who controlled a narc rather than a narc who controlled his snitch. That way we can content ourselves by tightening a few procedures, making certain that drugs are now analyzed before indictment, that the rank and file is better trained in field testing, that supervisors have more checks and balances over financial matters. That way we don't have to look at how we encourage greedy informants to lie for a living. That way we don't have to look at the reasons why the drug war muddies everything it touches. That way we can kid ourselves like Chief Bolton did and proclaim the system works. www.dallasobserver.com/2002-05-02/news/dirty-or-duped/ |
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Police Moderator
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Post by Police Moderator on Jan 2, 2012 17:15:13 GMT -5
Richie Havens had nothing to do with this Duke!
And what these cops, in this particular instance, did was perfectly legal until the question was decided by the courts. That's kinda why we have the courts and the subsequently generated case law.
And if the State appeals this decision to the SCOTUS, and the SCOTUS finds, as the dissenter in this opinion did, then what the cops did will be legal again.
Pretty simple, really.
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JC
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Post by JC on Jan 2, 2012 17:46:29 GMT -5
I came here expecting a bunch of prick jokes. Y'all have let me down.
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duke
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Post by duke on Jan 2, 2012 17:52:27 GMT -5
My statements are relating to LR and PM's Promotion of a concept since the two of you are being so intentionally obtuse.
Added definition for those in need.
a. Lacking quickness of perception or intellect.
b. Characterized by a lack of intelligence or sensitivity: an obtuse remark.
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Police Moderator
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Post by Police Moderator on Jan 2, 2012 17:53:54 GMT -5
Thankfully, we've all matured. We've become more respectful and less offensive in our disagreements.  |
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Post by LimitedRecourse on Jan 3, 2012 11:33:24 GMT -5
Speaking of obtuse, did anyone else notice that in duke's last response directed toward me he failed to mention that it is illegal in Tennessee to sell ANYTHING claiming it is an illegal substance. If you stand on the corner purporting to sell crack, but are really just selling wax or soap cut up to look like crack, you still get charged for slingin' dope. So, the "It wasn't really dope so I get a free pass" may work in Texas, but it won't fly in Tennessee.
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Post by LimitedRecourse on Jan 3, 2012 11:37:25 GMT -5
2 OBTUSE
a: lacking sharpness or quickness of sensibility or intellect : insensitive, stupid
b: difficult to comprehend : not clear or precise in thought or expression
We could subtitute "duke" for "obtuse" in the definition. AGAIN, duke only post HALF OR LESS of the truth when making his pointless comment.
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duke
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Post by duke on Jan 3, 2012 13:43:31 GMT -5
Speaking of obtuse, did anyone else notice that in duke's last response directed toward me he failed to mention that it is illegal in Tennessee to sell ANYTHING claiming it is an illegal substance. If you stand on the corner purporting to sell crack, but are really just selling wax or soap cut up to look like crack, you still get charged for slingin' dope. So, the "It wasn't really dope so I get a free pass" may work in Texas, but it won't fly in Tennessee. Speaking about half truths. . . The cases in TX that LR is lambasting me for. . . the purported dope was not being sold but was found stored based on the word of a paid informer. |
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TNBear
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Post by TNBear on Jan 3, 2012 21:09:05 GMT -5
Yo Duke, as someone who at times might agree with you, get a life and relax a bit. Your vehemence and intransigence does your arguments no favors.
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Post by professorx on Jan 3, 2012 23:27:18 GMT -5
May Police Cut a Drug Baggie off a Suspect’s, uh, Nether Regions? Dec. 30, 2011 By Joe Palazzolo Seriously. It’s a question that needed answering. The U.S. Court of Appeals for the Fourth Circuit has ruled that using a knife for such a delicate deed is too dangerous. The case involves a Baltimore man arrested and convicted of possession with intent to distribute cocaine base. Volokh Conspiracy and walshslaw have discussions on the opinion here and here. The Fourth Circuit, in sum, found that an officer’s use of a knife to cut a sandwich baggie of crack off his penis, an act performed at night on a public street, was unreasonable. The man, Joseph Edwards, had tried to have the evidence suppressed while his case was in federal district court, arguing that officers’ search inside his underwear was unreasonable under the Fourth Amendment. blogs.wsj.com/law/2011/12/30/may-police-cut-a-drug-baggie-off-a-suspects-uh-nether-regions/ opinion: pacer.ca4.uscourts.gov/opinion.pdf/104256.P.pdfUnreasonable what? Search, "use of force"? How will play out? www.forbes.com/sites/benkerschberg/2011/05/17/supreme-court-upholds-warrantless-searches-to-protect-destruction-of-evidence-scolded-by-justice-ginsburg/ |
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Post by professorx on Jan 3, 2012 23:31:05 GMT -5
Did Edwards get his dope back? Not stated. You have conclusions based on wild assumptions in every other message, but you are stumped for a conclusion for this one question? Very telling. :-) |
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