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POLICE MISCONDUCT! DO THEY HAVE THE RIGHT?
Do police have the right to harrass people and call it probable cause? Is illegal search and seizure becoming a serious problem? Do we have privacy rights all the time or only when they want us to?8 comments from 5 users
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posted by
catpaw
on Feb 24, 2008 at 10:24 PM
Your questions are somewhat general. What do you call harrassment as opposed to probable cause? Illegally searching what and confiscating what? What privacy right are you referring to? I've heard of cops doing all the things you describe and most of it frivilous and a waste of time; and I suppose the poor citizen involved would call it harrassment. Unfortunately, the law gives officers latitude when investigating suspicious circumstances. For example: I'm driving in the neighborhood late at night because I just got off working a night shift. The cops are looking for a prowler driving a red car. My car happens to be red. I get pulled over and checked out. Despite showing them a license that has my current address and explaining that I just got off work, I was detained for almost thirty minutes while they pat me down, shine a light in eyes to see if I'm on drugs, run a DMV check on my car and (I guess) check out my story that I really do work a night shift as a piano player at a brothel. I finally get to go home. I could feel that I was harrassed; the cops could call it probable cause; afterall, who's to say I'm not a prowler with a false ID, driving a stolen red car and lying about working a night shift? It happens. I suppose I could have made a complaint about the ordeal but I know it would go no further than a waste basket. Since I don't give cops a reason to suspect me of wrongdoing, this is an isolated incident brought about by coincidental circumstances that will probably never be reapeated. posted by
johnburnssucks
on Feb 24, 2008 at 10:59 PM
All the police need is a reasonable suspicion that evidence of a crime will be found in their search. The reasonable suspicion does not have to be a correct one; police sometimes search and find nothing. It also depends on who is being searched. About 25 years ago I had a friend in San Diego who was a criminal. "Probable cause" for a stop-and-frisk of Rick was whenever the cops saw him walking down the street. posted by
bluewondeful
on Feb 24, 2008 at 11:08 PM
Police do not need any reasonable suspicion; the fact that you live in a certain part of the City, or drive a certain kind of car or wear a certain color of clothing is reason enough. Of course if you drive Hispanic or Black, if you happen to find yourself in the wrong street corner during one of the daily sweeps, that is cause too. If you are a bank robber or serial killer and happen to have on the right cloths, the right haircut and are toting a bible, you get a free ride. The only difference in probable cause requirements in the posted by
johnburnssucks
on Feb 24, 2008 at 11:39 PM
posted by
steveeswenson
on Feb 25, 2008 at 06:17 AM
Bluewonderful, You're just wrong. Whenever an arrest is made, police will be seriously questioned on what facts led to it. Wearing gang clothes and living in crime neighborhoods isn't a reason that will hold up. And there are no daily sweeps. There are occasional sweeps which involve specific people the police are looking for. And TJ, what are the facts behind your questions? I too have been detained by police. At 3 a.m. in my apartment carport as I had my car light on writing down my mileage for the newspaper, two cops with their hands on their guns approached me from both sides. They thought I might be stealing the car. It took about 5 minutes to "clear me." If somebody was stealing my car, I would want them to do that very thing.
posted by
catpaw
on Feb 25, 2008 at 06:52 AM
Then there are people on probation or parole. Parolees are still "serving time" and don't have the same civil rights as ordinary citizens. A parole officer has police powers policemen ordinarily don't have. posted by
gr8scott
on Feb 25, 2008 at 10:08 AM
TJ, your questions are too vague. But that won't stop me from giving an opinion :) As a law abiding citizen, I don't think the police "harass", as I define the word. The police question individuals and if the person being questioned has not violated the law, have a good day. The police can only search that person with consent, unless there is reasonable suspicion/reasonable cause that the person has or will commit(ed) a crime, that person can simply walk away. You or I do not have to talk with the police if we don't want to. The 4th amendment protects us against illegal search and seizure and the police do not violate that protection. Blue, I'll second Steve's point, that you're simply wrong. posted by
steveeswenson
on Feb 25, 2008 at 10:17 AM
Catpaw, You are correct. People on parole and probation can be stopped at any time without probable cause. That's what they give up by getting out early.
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