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  1. #11
    Paper Hunter LippCJ7's Avatar
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    Quote Originally Posted by Ronin13 View Post
    Okay, devil's advocate time here- Is the court system the ONLY place you can stand against LE? I'm not saying that whole "fuck the po-lice, fight the system" crap, no I'm talking in the instance where it maybe a little unclear (not just from the contact's perspective) whether or not there exists circumstances for warrant-less search or entry, or what have you. Is the only place the courts? Again, not arguing, I really want to know if I need to set up a 3rd savings account aside from my emergency car repairs fund and legal defense fund for a "take LE to court if the need arises" fund... because as you state, the only place to stand up to cops (be they right or wholly wrong) is in court. That's basically saying if in the off chance that a LEO oversteps his/her bounds, or violates any constitutional right, you have to spend money... because politely refusing consent to an illegal search when someone makes a minor, human error or oversight, could get you into hot water. Not saying this happens a lot, but I am saying, like the rest of us, LE is not imperfect, they make mistakes too, I just would hate to have to spend a shitload of money to combat that mistake in court (and I'm not guaranteed a settlement that pays for my lawyer). See where I'm going with this? Again, not trying to stir up argument, but saying "the only place to stand up to when a cop makes a mistake is in court, on your own dime," sounds a bit like "it's okay, let people walk all over you, fight it later at your own expense." Thanks, but no.

    ETA: I only point this out because I have been threatened by a LEO before because they were wrong on something, but were too stubborn or whatever to admit they were wrong, and when I tried to politely correct their mistaken idea, they took it as an affront to their authority and experience. No, you just make a mistake, admit you're wrong and we can be pals, no need to threaten me.
    No/sort of, but the court system is the Ultimate Authority, sometimes LEO's do bad things and the Department or the DA can take actions against the LEO and its settled, but in difficult cases where things fall into a grey area of the law the case is typically determined one way or the other by the court system, that's why we always site Case Law, for this specific scenario it was decided in the State of Colorado Vs. John Doe, every Department I know of has regular updates to changes in the Law, and if you can go through the entire session without falling asleep your a better man then me, this next update should be pretty interesting but until these new laws are tested in court they can really hammer the beat cops unless policy is clearly defined, Obviously you can take it to Civil Court.

    Its much like these new Gun Laws that take effect in July, I am not going to get all spun up until these laws clear the court system, Sheriff Maketa(sp) recently noted that 53 of Colorado's 62 Sheriff's are filing an injunction against some of the new laws, people are either happy or pissed of by this action when in fact this is the way the system works, let the courts decide, that's where the term unenforceable comes from(in this case)

    The thing is that in most cases where its difficult to differentiate a persons civil rights against say exigent circumstances the person involved will be in limbo until it is decided, and that can certainly go all the way to SCOTUS so imagine how long the wait could be and the person in question could certainly be in prison while he or she waits, you can research that all day long some cases are pretty sad, but a vast majority of LEO's do not want to do anything other then make sure they are doing their job COMPLETELY as supported by the Laws of the State, yeah there are yahoo's out there on both sides and that's why I say all anyone has to do is be clear, concise and cooperative when discussing issues with LE, once everything has been cleared up hopefully everyone can laugh about it and go about their way, but by being argumentative and hiding behind a door you better know what your rights are according to the law.

    Look I got interviewed by LE 10 years ago, I was driving my Girlfriend and her son from a four wheeling trip in Montrose to their house in Fruita, we were going down highway 6/50 and if you don't know the area in Grand Junction there are car lots on both sides of the highway, well my future Son decides this would be a great time for a Slug Bug competition, ok now I am driving a crew cab long bed truck with a 26' flatbed and my Jeep on the trailer in rush hour traffic so obviously I am not paying attention to the local car lots so I am getting pounded! After five miles of this I pull over and start dealing some justice! nothing harsh I never left a mark on him we were all laughing our asses off, so I get back on the road and in a couple miles I have CSP pulling me over and make no mistake this Trooper was at an elevated level hands on his weapon so I knew things were pretty hot, so I turned my truck off rolled down the window and placed both hands on the steering wheel, the Trooper made it very clear that he was investigating a possible DV and Child Abuse in progress, needless to say we cooperated completely and after a short stop (and sincerest apologies to the Trooper)we were on our way again, laughing.

    The point is that anyone can call 911, you don't know what LE is there for and typically they will tell you up front why they are there, be clear concise and cooperative. If you have a beef then you can take that up after your interview.
    Last edited by LippCJ7; 05-16-2013 at 12:43.
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