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+--- Thread: Well, last night was dumb as shit (/showthread.php?tid=5007)
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Well, last night was dumb as shit - HAULN-SS - 11-02-2006
police officer: "it took you guys a while to answer the door..."
my roommate: "it's four o' clock in the fucking morning!"
So some fucking guy with a jeep parked in P-run had the plastic back window cut or something last night as it was parked across from my townhouse. Harrisonburgs finest wakes my whole house up and makes us come outside and "line up" so the guy can see if it was one of us that was witnessed doing it. I'm really pretty pissed about it, as they had no warrant or anything, but like 8 of them just barged on it. We have this big knife laying on the table at my house, and they go "That looks like something that could have done it"...my roommate's response "Well it is a knife. Everybody should own one."...blah blah blah...awesome way to get woken up at 4 in the morning.
- HAULN-SS - 11-02-2006
oh yeah - we dont allow smoking in our house, so the suspicion came from my two other roommates standing on the front porch smoking..i guess thats what was "witnessed"
- CaptainHenreh - 11-02-2006
I would have asked for a warrant.
- HAULN-SS - 11-02-2006
Yeah - should have, just didnt think about it until later. I doubt my roommates did it, but who knows. I really should have since they started being dicks right off the bat with that "it took you guys a while to answer..." well no shit, lol, a dark house at 4am with people fast asleep in it. Then make me come outside for an impromptu lineup..fuck that
- Ryan T - 11-02-2006
Sucks man. My brother was taken out of his car at gunpoint, laid down on the ground and was then frisked and questioned, then made to stand under a bright light outside so the person could attempt to id him. All because he was driving a black camaro with one headlight out. There was a murder in a nearby town and the killer was in a black camaro with one headlight out. Cops started giving him shit about having thermometers and 6 or 7 very large knives in his car even after he explained that he was in culinary school and they knew he wasn't the killer.
- HAULN-SS - 11-02-2006
well, at least that was for something serious, and not over a cut piece of plastic
- Jeff - 11-02-2006
Only time I have ever had anything like that happen...
We were at the garage late around 10:30 about a week after the second break-in. The cops were freaking out and checking the place like every 15mins. I forgot to call them and let them know I was gonna be in there...which apparently was the new policy. Anyway, we started seeing flashlights going though the windows and I got freaked (thinking maybe it was the guys who broke in...again) but then I noticed the cop car...then another...then another. They called in every cop from Strasburg to Mt. Jackson. The place was crawling with cops. I opened the back door to a jumpy deputy with his gun out...they sure were pissed when they found out who I was...
But I was really happy they were there. Its nice to see they were doing their job. They weren't impolite, but the few I spoke too that night were upset that the alarm had been put out for nothing. I guess it is different from harassing innocent people at 4AM...but if I was the owner of the Jeep, and I though I saw someone do it then go into your house...I'd want every one of you dragged out and put under the light. Asking for a search warrant would have been proper, but why make yourselves look more guilty? Just play their games and go back to bed.
- G.Irish - 11-02-2006
TurboOmni08 Wrote:Asking for a search warrant would have been proper, but why make yourselves look more guilty? Just play their games and go back to bed.Because they have no goddamned right to come into your house without a warrant and because the police, more than anyone else, have to abide by the law.
- Jeff - 11-02-2006
G.Irish Wrote:TurboOmni08 Wrote:Asking for a search warrant would have been proper, but why make yourselves look more guilty? Just play their games and go back to bed.Because they have no goddamned right to come into your house without a warrant and because the police, more than anyone else, have to abide by the law.
They should, but sometimes they don't. Here at JMU you are guilty until proven innocent. Its nothing new. Did they need a warrant? Yes. Would it have been worth being up the rest of the morning while they hold you there until they can get one? NO. At least not to me. Its like when a cop asks to search your car. If you say no...consider yourself fucked. Because the very act of opposing the search gives them probable cause to search you (with a warrant). I'm no lawyer...I could be wrong about that. But I have heard enough stories (which I believe) to know it happens.
I say write a complaint. If you are that concerned about it, now you have caught them in a procedural error. Calling them out on it before would have just made them do the right thing, which in the end leaves you in the same place you are now, but with less sleep.
- Ryan T - 11-02-2006
TurboOmni08 Wrote:If you say no...consider yourself fucked. Because the very act of opposing the search gives them probable cause to search you (with a warrant).
That's not true. You have the right to refuse a search. They have to have some kind of evidence or reason, not just that you opposed the search.
- Dragon - 11-02-2006
Ryan T Wrote:Exactly. They'll have to present some sort of reason/true probable cause for a judge to issue a search warrant.TurboOmni08 Wrote:If you say no...consider yourself fucked. Because the very act of opposing the search gives them probable cause to search you (with a warrant).
That's not true. You have the right to refuse a search. They have to have some kind of evidence or reason, not just that you opposed the search.
Also remember warrants are specific in what they're allowed to search for, so should you find yourself in this situation and you're getting busted for something, if it's not on the warrant, then it's not admissible.
- WRXtranceformed - 11-02-2006
Wow, another car in Harrisonburg gets vandalized. That is such a huge surprise to me.
Weren't we just talking about this? heh
That sucks they pulled you out of your house. I think you're right that it wasn't worth telling them to get a warrant... that would have just made your life a lot harder. If it was some really serious allegation though you might have considered it, so that you could have a grounds to sue them if they barged in.
I would consider filing a complaint. Did you get the cop's name?
- Evan - 11-02-2006
hell, Im surprised the cops were even investigating a car vandalism.
In NoVA/MD/DC they dont even investigate if your car gets stolen.
- Sijray21 - 11-02-2006
G.Irish Wrote:TurboOmni08 Wrote:Asking for a search warrant would have been proper, but why make yourselves look more guilty? Just play their games and go back to bed.Because they have no goddamned right to come into your house without a warrant and because the police, more than anyone else, have to abide by the law.
+1 - if you can ID the person that is with the crime and all accused are cooperative that's one thing, but it's the same as saying "no" when a police officer asks to search your car. you don't have to allow it if they don't have a warrant to do it. They do have to have probable cause however for it not to be considered unreasonable search and seizure.
Evan Wrote:In NoVA/MD/DC they dont even investigate if your car gets stolen.
+1 nope...
- Jeff - 11-02-2006
Ryan T Wrote:TurboOmni08 Wrote:If you say no...consider yourself fucked. Because the very act of opposing the search gives them probable cause to search you (with a warrant).
That's not true. You have the right to refuse a search. They have to have some kind of evidence or reason, not just that you opposed the search.
It seems to me, that if they thought you were high or whatever...and you refused a search of your car...then they go do whatever it takes to get a warrant and they say "He looked high and he refused the search" It certainly does not help your case. Evidence in and of itself, no, but I can't see it helping you out at all.
- mpg9999 - 11-02-2006
TurboOmni08 Wrote:Ryan T Wrote:TurboOmni08 Wrote:If you say no...consider yourself fucked. Because the very act of opposing the search gives them probable cause to search you (with a warrant).
That's not true. You have the right to refuse a search. They have to have some kind of evidence or reason, not just that you opposed the search.
It seems to me, that if they thought you were high or whatever...and you refused a search of your car...then they go do whatever it takes to get a warrant and they say "He looked high and he refused the search" It certainly does not help your case. Evidence in and of itself, no, but I can't see it helping you out at all.
Nope, completely wrong. The fact that you refused a search can't even be brought up in court. It's amazing how little people know about their rights.
You should have definatly not let the cops in and tell them sorry, but its late, im going to bed.
This is long, but it shows you how to handle police encounters: <!-- m --><a class="postlink" href="http://www.youtube.com/watch?v=3NmC5wHfCdM">http://www.youtube.com/watch?v=3NmC5wHfCdM</a><!-- m -->
- Jeff - 11-02-2006
good to know...
- Jess - 11-02-2006
Today's lesson, lil chillins, from Jess, your friendly neighborhood criminal defense attorney:
#1: Refusal to give consent to search can NEVER be a basis for probable cause to search.
#2: This really happened, so take heed: If you are stopped by a cop (say a traffic stop), and the cop gives you your ticket, license, etc back and tells you that you are free to leave, and then says, "oh by the way, do you have weapons/drugs, etc in your car?" or "can I search you/your car?", SAY NO!!
Why? because at that point the encounter with the cops is considered consensual, and your consent is not the product of an illegal seizure.
- Ginger - 11-02-2006
Short Answer & Summary: It is never your job to make the Police's job easier.
- HAULN-SS - 11-02-2006
oh, heh, i forgot we had a lawyer amongst us.