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Can the police do this?

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CdwJava

Senior Member
zwara said:
The truth is the original framers were not arguing what was and what wasnt legal but rather to protect the rights of the People from warrantless claims that would invade their personal domain without true probable cause and the sad fact is that in this day and age "probable" and "power to believe" have become one and the same with little room for discussion.
The issue of the 4th Amendment and it's interpretation is, and always has been, a matter for the courts to decide - a system designed for just that purpose by the Founding Fathers. Thus, it is not relevant what you or I might believe SHOULD be the interpretation. The courts have always held that probable cause (or the equivalent terminology) has been sufficient to justify an arrest or a warrant ... the level of cause has NEVER been absolute certainty or even the standard necessary for conviction - reasonable doubt.

To hold law enforcement to a standard of certainty would mean that we could disband police departments across the nation and hire a clerk to wait by the phone for the confessions to come in ... I think one phone and one clerk for the entire country might be sufficient for that.

As for the make up of this list, I believe there are two (maybe three) of us regulars who are currently active in law enforcement, and one or two that are retired or used to be in the field. I believe there are only two of us (Bravo8 and myself) that openly state our current careers - I can only guess at some of the others.

- Carl
 


zwara

Member
Disagree

If this was the case Carl then the 4th~amendment doesnt apply to the People but rather was written for the courts...I doubt you or anyone else will find that the interpetation of the 4th amendment is for the courts to decide to be found anywhere in the Constitution or Bill of rights, afterall the the Bill of Rights was not written for the courts but for the People. Probable cause is not as complicated as some might attempt to make out to be but is quite reasonable to understand for any reasonable person that is. Unfortunatley the courts have did more harm then good in interpeting the People's rights.
 

CdwJava

Senior Member
zwara said:
If this was the case Carl then the 4th~amendment doesnt apply to the People but rather was written for the courts...I doubt you or anyone else will find that the interpetation of the 4th amendment is for the courts to decide to be found anywhere in the Constitution or Bill of rights, afterall the the Bill of Rights was not written for the courts but for the People. Probable cause is not as complicated as some might attempt to make out to be but is quite reasonable to understand for any reasonable person that is. Unfortunatley the courts have did more harm then good in interpeting the People's rights.
Then precisely WHO is supposed to make these interpretations? You? Me? Certainly, we can't all have valid interpretations of the Constitution. Hence the reason for the Judicial process.

So, while you may choose to disagree, the fact is that the courts are there to decide on Constitutional interpretations precisely so that we DO have clear direction within the confines of the Constitution.

And here is the use for the term "Probable Cause" under CA law:

"Probable cause" to arrest exists when the totality of the circumstances or "total atmosphere" of the case would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime. (Price (1991) 1 Cal.4th 324, 410; Kraft (2000) 23 Cal.4th 978, 1037; Charles C. (1999) 76 Cal.App.4th 420, 423.)

In other words, to make a valid arrest without a warrant, you need enough factual information to make an average, reasonable person--who has your same training and experience--believe or strongly suspect that the individual is guilty of a crime. (Guajardo (1994) 23 Cal.App.4th 1738, 1742; Gonzales (1989) 216 Cal.App.3d 1185; Rosales (1987) 192 Cal.App.3d 759; Barlow (9th Cir. 1991) 943 F.2d 1132, 1135; Hayes (9th Cir. 2001) 236 F.3d 891, 894.)


Note: The Ninth Circuit uses the very same definition that is used for probable cause to search, namely: "Probable cause [to arrest] exists when, under the totality of the circumstances known to the arresting officers, a prudent person would have concluded that there was a fair probability that [the defendant] had committed a crime." (Valencia Amezcua (9th Cir. 2002) 278 F.3d 901, 906, emphasis added.)

If you understand this definition, you should be able to see (1) that probable cause to arrest requires more than the "reasonable suspicion" required for a detention and (2) that probable cause to arrest (or search) is essentially the same as the "probable cause" which is required to obtain an arrest warrant or a search warrant. (Campa (1984) 36 Cal.3d 870, 879; Gorrostieta (1993) 19 Cal.App.4th 71, 84.) Indeed, it will be tested by the same "totality of the circumstances" standard used to test the adequacy of a search warrant affidavit. (Valencia Amezcua (9th Cir. 2002) 278 F.3d 901, 906; Tarazon (9th Cir. 1993) 989 F.2d 1045, 1049; Rosales (1987) 192 Cal.App.3d 759.)

As in other areas of Fourth Amendment law, when courts assess whether or not the information you had amounted to probable cause to arrest, they will use an objective standard "without regard to the underlying intent or motivation of the officers involved." (Gonzales (1989) 216 Cal.App.3d 1185, 1190; Boissard (1992) 5 Cal.App.4th 972, 980; Miranda (1993) 17 Cal.App.4th 917, 924-928; Valencia (1993) 20 Cal.App.4th 906, 914-918.)


So, the courts are the legal instrument that has served to define and massage the limits and confines of the 4th Amendment. It is not up to you to decide what is or is not within the boundaries of the 4th Amendment - nor is it up to me; it is the Constitutional obligation of the court.

Additionally, here's a good link to look at for a discussion of the purpose and role of the Judicial Branch of government:

http://en.wikipedia.org/wiki/Separation_of_powers

- Carl
 
Look here's the point. SOme of the founding fathers did smoke marijuana. Washington wrote in his diary about seperating the females and males and his angst about thinking he was a little too late.Anyone with any formal drug training knows the only reason he would have made this statement was if he was growing sinsemilla(seedless pot), and the only reason to do this, surprise, is if you're smoking it. People do not do that to grow hemp. There are also other references to bowls of marijuana and smoking so if you guys want to live in denial about the whole thing because it doesn't suit your ideas of this country that's fine, it's really a moot point to argue about anyways. ANd there is nothing "suspect" about my reference simply because you have a prejudice against norml. Norml obviously has a bias as far as wanting certain laws changed, But they're up front about it and that does not detract from the factual quotes they reference from the founding fathers. At any rate, its really a stupid thing to focus so much energy on, you believe what you want to believe, and I'll believe what I want to, but the quotes are still true, that much you can't deny, you can only try to manipulate the meaning of the language which I think is hard to do with a statement like I prefer a bowl of pot leaves to a glass of alcohol, but go ahead and try.

Carl made a statement, I disagreed and provided a reference. Other people like seniorjudge hopped on the bandwagon asking me to provide more references. Not my job. You're interested in the subject and disagree with me, provide your own references, do your own research, but quit trying to put the burden on me, this is not a court room and the burden is just as much on you to disprove me as it is on me to prove it to you. You are not above me.And you have failed to provide 0 references to counter and simply criticized me, well how convenient. You have two hands and a brain as well, it is not my job to hold your hand and it is also not my job to convince you of something you don't want to be convinced about in the first place. It's very disengenuous.

The other thing that strikes me about this forum is the attitudes that supposed LE give to people here. Not particularly this thread(because carl seems like a good reasonable man) but others like bb, and jetx seem to love to get on their high horse and then call people names like stupid and retard. It really just shows a lack of class on your guys's part, especially considering you are posing as LE. It's sad, at first I want to think these guys aren't LE with this level of immaturity. And then I think about it again, and it makes perfect sense that these guys are LE.LOL. You guys really should look at how you treat other people. Alot of you seem to feel the need to put others down in order to boost your own selfesteem, all in the context of law discussion, very sad. Again not everyone is this way, but the sickness is there.

I'm not going to get into the 4th amendment thing, but I will say this as I said before. The creators of this country wanted people to have freedom. PArt of that freedom means people have the right to live how they want to live as long as it does not encroach on others people liberty or private property. Very very simple. That is it. If iwant to shoot up heroin thats my damn perogative. People have the right to ingest and do with their body what they please, and although it is not what happens today, that was the original intent of the constitution. Nowadays the constitution doesn't mean a whole lot, and interestingly this whole country more and more is becoming a police state, with the government encroaching deeper and deeper in to peoples homes and rights.
 
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AHA

Senior Member
zwara said:
....and what an embarrassment you are PaL (or gaL)...it makes me wonder what kind of parents you had to make such a pathetic insinuating statement as this. God help us if you hold any type of judicial position.

What excatly did I say that was so bad? How exactly is former president's smoking relevant to today's laws?
If you feel the OP should be proud her son is a drug addict, go ahead. I have the right to feel differently.
 

nanaII

Member
Proud??

Who said anything about my being proud. I don't know how my original post got all turned around. My original post was about whether the police had the right to use my drill to drill into a safe. This post turned into an attack on my motherhood. I REPEAT! I have never condoned the use of drugs. I have never used them. I begged and pleaded with my son to get treatment. We nearly got into fist-fights. My son is the first to admit that his addiction intruded on our everyone in my family's lives. We are ALL paying the consequences (YES, EVERYONE). Some people may chose to turn their backs on a family member in crisis. It was my right not to. I really don't want to hear anymore flaming remarks, please. As several people have pointed out, he is a grown adult. I am not denying that, nor am I in denial. He is dearly paying the price... Please let this post rest..
 
POSTED BY WATCHTHELAW: "Look here's the point. SOme of the founding fathers did smoke marijuana. Washington wrote in his diary about seperating the females and males and his angst about thinking he was a little too late.Anyone with any formal drug training knows the only reason he would have made this statement was if he was growing sinsemilla(seedless pot), and the only reason to do this, surprise, is if you're smoking it. People do not do that to grow hemp. There are also other references to bowls of marijuana and smoking "

Personally..Who gives a ****? I have watched/read you ramble about this for four pages. It has absolutely no relevance to today's laws. That was a different time and era...

"At any rate, its really a stupid thing to focus so much energy on, you believe what you want to believe, and I'll believe what I want to, "

And if you would have taken this position after the first response to your statement about our founding fathers and not hijacked this thread for your own agenda...Then maybe you would have shown "class on your [guys's][/I](what the hell kind of word is guys's?) part"
If you would have posted this earlier:

"it's really a moot point to argue"


And as for this:

"Nowadays the constitution doesn't mean a whole lot, and interestingly this whole country more and more is becoming a police state, with the government encroaching deeper and deeper in to peoples homes and rights."

I am sorry you feel this way. Maybe you should find another country to live in. I am sure they would be happy to have you!
 
S

seniorjudge

Guest
nanaII said:
Who said anything about my being proud. I don't know how my original post got all turned around. My original post was about whether the police had the right to use my drill to drill into a safe. This post turned into an attack on my motherhood. I REPEAT! I have never condoned the use of drugs. I have never used them. I begged and pleaded with my son to get treatment. We nearly got into fist-fights. My son is the first to admit that his addiction intruded on our everyone in my family's lives. We are ALL paying the consequences (YES, EVERYONE). Some people may chose to turn their backs on a family member in crisis. It was my right not to. I really don't want to hear anymore flaming remarks, please. As several people have pointed out, he is a grown adult. I am not denying that, nor am I in denial. He is dearly paying the price... Please let this post rest..

Right or wrong, we have forfeiture laws in this country. If you want to protect your property (real, personal, mixed), then you need to keep your son (or sons) away from said property.
 
Well stickyfingaz if my "ramble" makes you so upset, why do you read it then??Are you a little masochistic? I will post whatever i want how i want and if you dont like it then dont look at it. I guess you only want to talk about the things you want to talk about. The statement was about marijuana, this post is about marijuana. I made a point, it was countered, i defended it.You are participant in rehashing the subject by crying about a day late. Your diatribe could be considered a hijacking in and of itself.

As far as the constitution goes, you just show your ignorance by suggesting that if I don't like what i see in regards to certain fundamental constitutional rights that are being degraded by narrow individuals like yourself then I should leave. You are truly unamerican stickyfingaz, if you love the way things are going I got a great suggestion for you. Stick your money where your mouth is and go over to Iraq. I am sure they would be happy to have you. Your attitude would go far. :D
Good Day,
WTL
 
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