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To: Army MP Retired
if an officer violates a person's rights he should be held accountable, but evidence of crime obtained in the process should not be summarily disposed of.

I agree ... but as long as exclusion of evidence is the prescribed way to handle illegal searches, they must all be done that way. I've heard no probable cause cited for this search.

59 posted on 06/01/2006 4:49:13 PM PDT by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: Know your rights
they must all be done that way

Certainly true - it's the only way to protect the integrity of the intent of law presently.

I've heard no probable cause cited for this search

Nor have I. My best guess is that it was a field interview / stop and frisk situation that evolved into an arrest followed by a search subsequent to a lawful apprehension. There is not enough information presented in the story to make a very educated argument... But, one point that does alarm me a little is that it appears the main point of contention is the original 'stop'. It appears to be argued that if the perps were not black they wouldn't have ever been stopped in the first place, thus everything following that is tainted. I think we have to be careful of not allowing the probable cause rule to expand to overcome the reasonable belief rule; which this case may be setting a precedent for.

I really wish we knew the whole story so we could analyze it better and decide if the police botched it or if the defense just did a good job clouding the issue with a human rights violation card...

61 posted on 06/03/2006 5:46:58 AM PDT by Army MP Retired (There Will Be Many False Prophets)
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