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Officers Violate 4th Amendment, Make Up Lie

Discussion in 'Legal & Political Archive' started by dmancornell, Mar 6, 2012.

  1. dmancornell

    dmancornell Portland, OR New Member

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    Cue outrage: Officers Violate 4th Amendment, Make Up Lie

    tldr: California cops respond to sheeple call, arrest man for target shooting on his own property, seize his keys to open his gun safe, make up lie to justify their screwup.
     
  2. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Raise your hand if you are surprised.
     
  3. Nightshade

    Nightshade vancouver,WA Well-Known Member

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    not surprised at all,
     
    chariot13 and (deleted member) like this.
  4. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

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    I would hope these Deputies are on Administrative leave, and the supervising officer is buying them lunch for taking the heat. All should lose their badges and be required to pay restitution to the home owner.
     
  5. dmancornell

    dmancornell Portland, OR New Member

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    Should, yes. I wouldn't hold my breath.

    Just noticed the post date, July 30 2010. Quick google search reveals that not only are the deputies not fired, they are defiant and defending their actions, as expected. One of the deputies have quit.

    All confiscated guns have been returned, except for one receiver: http://calcoastnews.com/2011/11/former-deputys-ironic-new-career/
     
  6. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    The story is quite old at this point. I'm sure with some digging you'll be able to find more information of what is currently happening with it.

    Edit : Search "matt hart san luis obispo"

    You'll find plenty to read.
     
  7. EMP9596

    EMP9596 Two Trees West of Camas, WA. Active Member

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    For starters, the "Keystone Cops" should all have lost their Hunter Safety Card for climbing over the gate with a loaded firearm.

    Just not smart enough pass them over to each other??
     
  8. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    I remember seeing it when it was current.
     
  9. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    That's called firearms theft and is a felony
     
  10. sheepdip

    sheepdip Redland Well-Known Member

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    the "perp" was lucky he didnt get killed reaching for his cell phone. what a bunch of barneys, the lead barney with a law degree knew full well he had no business getting into the safe, and none of the other barneys said anything to stop it. I can see where the cops would want to take a look around to see what was going on, including a quick look in the house for possible victims. that certainly doesnt justify the rest of their actions. another case of the average guy without the resources to defend himself in a court of law. thats life these days in the good ol U.S.A.
     
  11. Adam12

    Adam12 Oregon Active Member

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    Crazy. No PC based on the information given here. Agreed bringing him out to you and search him for weapons but if there is no law or ordinance broken, you have no PC unless you find something in plain sight that gets you to PC. For example, they go there for a reported discharging of a weapon (if that is a crime there). When they get there, they find 100 marijuana plants sticking out of a trailer window. They can THEN clear the house of people and apply for a warrant based on the things they found in plain sight. If nothing gets you to PC after you have determined the guy did nothing wrong, you're done- Pack it in and go home.

    "Exigence" is a legal exception to a warrant but isn't valid for this weapons crime if no one else is inside and you have found no PC for any other crimes.

    The real problem here is a policy of dispatching a deputy in the first place. Some areas have laws against weapons discharge but barring any ordinances like that, deputies shouldn't have been sent in the first place. Once there however, they can bring him out to them and search him for weapons for their safety.

    On a side note, why would the idiot grab for a cellular phone while being ordered not to? Because he was hoping that something like this would happen, IMHO.
     
  12. Adam12

    Adam12 Oregon Active Member

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  13. sheepdip

    sheepdip Redland Well-Known Member

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    PC ?
     
  14. Adam12

    Adam12 Oregon Active Member

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    Probable cause
     
  15. Sodbuster

    Sodbuster Beaverton, OR Chief Cook/Bottle Washer

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    And don't get too outraged at this time. This occurred in 2008. Take a look at the tape marks. So this is an old one I saw well over a year ago on YouTube.
     
  16. locobob

    locobob Beaverton, Oregon Well-Known Member

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    Let's see
    Amazing over-reaction in responding to reports of gunfire in a semi-rural area - check
    Threatening a civilian on his own property who has shown no aggression - check
    Attitude that civilians are all guilty of something, just need to figure out something that fits - check
    Blatant violation of 4th amendment, illegal search without a warrant or exigent circumstance - check
    After the fact devising of a cover story to justify the illegal action - check

    Something is seriously wrong with this department. The officers involved should have either been strongly disciplined or fired. The department itself should be analyzing their policies and training program to figure out what went wrong. I suspect this is yet another example of police adopting a military posture.
     
  17. bikejunkie

    bikejunkie Salem Well-Known Member

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    dummy homeowner is lucky the cops didn't drill him when he reached for his phone...The cops unlawful search and seizure is truly despicable however, and the fact that one of them is now a public defender is absurd.
     
  18. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    "public defender " If you have ever done jury duty you know its not absurd. They hand their client to the prosecution on a platter. So its fitting he is a public defender.
     
  19. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Pretty much. 'Public Pretenders' are the lowest form of slime known as lawyers.
     
  20. duran21

    duran21 Lacey Active Member

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    Crazy...