Posted on 07/10/2014 1:22:14 AM PDT by Slings and Arrows
You have a wonderful day also.
If the evidence obtained in the illegal stop is not excluded, how is the police officer punished? This is not a clear case of a rogue cop harassing an individual, although the stop was ruled unconstitutional. For egregious behavior, incarceration of the officer may be appropriate, but for shades of gray (prior to adjudication), I would think that allowing the fruits of the poisoned tree is a reward for the unconstitutional stop.
Not at all...by looking closer at the vehicle...if the driver actually commits a traffic violation, then I would have a reason to pull them over. No digging necessary...
I changed out the tail light panel, grill and marker lights on my 1974 Barracuda for parts from the much cleaner looking (and considerably more expensive) 1970 model. Plus the 383 engine in it was discontinued after the 1971 model year.
In your world, I should be pulled over every time I drive. Yet have I done anything wrong?
The cops certainly think so. I haven't though, unless the pursuit of happiness is wrong.
I have actually been harassed by the police over the Barracuda. I was accused of planning to fraudulently sell the 74 as a 70 Hemicuda. (The car did not have a Hemi in it mind you.) He threatened to seize the car and threatened to fine the paint shop. The shop owner made me take the car back before the work was done due to the threats.
I now absolutely HATE cops!
By the way, the harassment started before I even modified the car. One time while parked at work on guarded private property, the police demanded to see the car “because it matched the description of a stolen vehicle from that neighborhood.” Right. I stole a bright yellow Barracuda from the neighborhood that I work and parked it in the lot visible from the street.
I'm all in favor of taking away tools from law enforcement. They don't know how to use them properly anyway.
Oh and a parting story: I was detained by the police in 2001 because the VIN on my motorcycle matched “some of the numbers of the VIN from a motorcycle reported stolen in Canada.” I'm not making this up.
Take the tools away from the cops! They mostly use the to abridge the freedom of law abiding citizens.
I don’t disagree
Why cannot they both be punished?
How?
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