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      10-17-2019, 09:38 PM   #82
Sedan_Clan
Law Enforcer
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Quote:
Originally Posted by david in germany View Post
I take that as a little tap dance around my question.
Not really. ....but I'll break it down for you.

Quote:
Originally Posted by david in germany View Post
How often have you used the term "reasonable suspicion" .
Without using it properly, "reasonable suspicion of xxxxxx crime/violation".?
It is a common thing that many officers do, "I have reasonable suspicion to pull you over." Not finishing the sentence can be a really bad thing but many non police do not comprehend that fact.
Actually I don't know any officer/deputy/highway patrolman that uses the words, "reasonable suspicion", when conversing with motorists/suspects during traffic stops and/or negative police contacts. That term comes up on reports or in court. If I pull somebody over, I tell them exactly what drew my attention and why I pulled them over. There is no room for misinterpretation.


Quote:
Originally Posted by david in germany View Post
You must have RAS that a crime or some type of violation has, is or will occur and many LEOs do not even know an individual has the right to know what that RAS is as well.
What you say is true. We do need RS that a crime has occurred or is about to occur. Again, this doesn't really come up on traffic stops.........at least not in my experience. I know my legal justification for doing what I do when I deal with the public. On the side of the road or at the scene of a crime is not the time nor the place to give legal lessons. That's what court is for.


Quote:
Originally Posted by david in germany View Post
Btw, case law is not law, it is a courts interpretation of a situation regarding a law (I am assuming you know this but some here may not.)
My purpose in bringing up case law is because the courts interpretation of situations and the circumstances surrounding those situations is how we effectively police and is the cornerstone of what we do. If I can articulate it, I can justify just about anything.

Quote:
Originally Posted by david in germany View Post
Probable cause? Must be specific as well. Constitution is very specific on warrants and probable cause must be as well or a good lawyer will have you for lunch.
Feel free to give the Bimmerpost masses a lesson on RS vs. PC.


Quote:
Originally Posted by vreihen16 View Post
I have another question...Sovereign Citizens? Let them go to avoid the drama (and possibly becoming another victim of their paper terrorism), or throw the book at them for every possible charge even if it means a sure case of writer's cramp, staying at the station late, and canceling your after-work plans?????
We don't put up with the Sovereign Citizen crap in California. They either comply or we will take action. Driving on public roads is a privilege, not a right.
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