I hate when PoliceBros give me shitty cases
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Poast new message in this thread
Date: February 3rd, 2012 10:11 AM Author: Titillating Fat Ankles
So I'm goin' thru my stack of files where the Def has requested Motion to Supress Hearings.
I get a case where the cops see 3 guys standing outside a Public Housing Unit @ 10:45 p.m. They approach to ask if they live there and 2 of the guys run off.
Cops persue one of the guys into a house and see him drop 2 bags of weed on the table. He catches him, arrests him, sends the case over to my office.
Here's the problem: Cop had no probable cause to chase after the guys in the first place. They were supposedly "loitering" in a drug area, but that isn't enough to justify a chase epscially into soemone's house.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19887355)
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Date: February 3rd, 2012 11:23 AM Author: Titillating Fat Ankles
that's the problem:
Reasonable Suspicion of what?
You can't just say, "Well I had evidence that he had committed a crime cuz he ran"
People don't like cops, especially in my jurisdiction. Shit, if it wasn't for me being a lawyer, I'd probably avoid all cops as well just because I don't feel like being hasseled.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19887565) |
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Date: February 3rd, 2012 8:53 PM Author: Titillating Fat Ankles
Neither of those applied in this situation.
Standing outside of Public Housing building, no reports of disturbance.
Loitering doesn't work because the Defendants left the scene as soon as the police approached them (ie, they ran)
Drug sales doesn't work b/c the police never saw a drug transaction or drugs period until after they began chasing the Defendants.
You can't jump to RS in a bad neighborhood unless you have actual/quantifiable facts to show that the person was doing something illegal or about to do something illegal.
Standing outside at 10:45 p.m is still legal.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19890858) |
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Date: February 3rd, 2012 10:23 AM Author: Titillating Fat Ankles
If the cop has reason to believe they are doing something illegal.
Here, 3 guys are standing around a Public Housing area. The cop might *know* those 3 are dealing drugs, but w/o something articuable, he can't just chase after them.
At most, it is a tier-1 interaction and the dooders are free to walk off at any time and the polic can't detain them.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19887386) |
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Date: February 3rd, 2012 10:31 AM Author: Titillating Fat Ankles
Probable Cause for what?
Standing around?
The cop had nothing to hold the guy on before he took off running.
Running itself doesn't give PC unless there is more
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19887416) |
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Date: February 3rd, 2012 10:39 PM Author: floppy grizzly set
"if that doesn't work, you could just have the cop say he saw a suspicious bulge in the guy's pocket"
Yeah, I always just have my clients lie when faced with a MSJ.
"Just lie, bro."
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891464) |
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Date: February 3rd, 2012 10:38 AM Author: Titillating Fat Ankles
"Date: February 3rd, 2012 10:38 AM
Author: United Against a Nuclear Latham
just do state trial court judges don't give a shit and deny motions to suppress all the time, despite reasonable grounds to claim that a search or seizure was illegal; no big deal, brah."
Just circumvent a citizen's constitutional right, nbd, lil breh
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19887439) |
Date: February 3rd, 2012 8:32 PM Author: Chrome pisswyrm field
*has use of massive state resources at disposal*
*bitches about how hard job is*
*can't put people in jail for standing on the sidewalk*
*MAD AS FUKK*
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19890727) |
Date: February 3rd, 2012 8:42 PM Author: medicated garnet dingle berry persian
holy fucking shit I can't believe they gave some sackless piece of liberal shit like you a job protecting upstanding citizens from criminals.
Illinois v. Wardlow you dumb piece of shit. If the D's are pieces of shit (like you), the judge will deny the suppression motion. Your personal misgivings about the fairness of current Fourth Amendment doctrine are your own fucking problem.
Fuck.
"had no probable cause to pursue?" Are you fucking serious? Have you ever studied criminal procedure? Hodari?
I hear the public defender's office has openings. Maybe you should rethink whether you're cut out for this whole putting bad guys in jail thing.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19890784) |
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Date: February 3rd, 2012 9:03 PM Author: Titillating Fat Ankles
See, this is the fucking reason that jurors in my jurisdiction rarely convict on possession charges:
"And if you can't make an argument that the PHU = high-crime area, you should quit the profession."
No Reasonable Suspicion? Just say the bad neighborhood was a "high-crime" area, nbd.
Shit, the 1 block radius around my courthouse can qualify as a "high-crime" area if you want to stretch the definition that far.
My job isn't to make up bullshit arguments to justify arresting someone for 1 gram of weed.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19890909)
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Date: February 3rd, 2012 9:08 PM Author: medicated garnet dingle berry persian
you do a lot of jury suppression motions in your jurisdiction you know-nothing piece of bleeding-heart shit?
You know why the guy got arrested for having a gram of weed? Because he ran from the fucking police because he was committing a fucking crime, for which he was subsequently arrested and charged--until your quivering cunt came into the picture and started doubting the wisdom of our duly elected representatives.
goddamn you're going to give me a stroke.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19890947) |
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Date: February 4th, 2012 12:23 PM Author: Maroon self-centered feces
I have to say, cr.
Do your fucking job and let the pd do his.
And if you are such a bleeding heart that you think this is about police, race, and class, think about the other folks who live in public housing who can't get a good nights sleep because the sketchy guys are doing weed on the corner every night.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19893349) |
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Date: February 3rd, 2012 9:11 PM Author: Titillating Fat Ankles
Dumbass, what do you think will happen when this makes it past Motion to Suppress (if it survives) and is pushed to a jury trial?
You think the jury is gonna say, "Hey! I'm really glad they made me miss work just to listen to a cop talk about chasing down a person for 1 gram of weed!"
Shitty files develop into shitty cases that end up being a waste to try.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19890967)
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Date: February 3rd, 2012 9:15 PM Author: Titillating Fat Ankles
wut?
How could this develop into a lawsuit?
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891002)
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Date: February 3rd, 2012 9:18 PM Author: Titillating Fat Ankles
I love this part:
"I assure you that I speak for your bosses and the entire law enforcement community."
yfwgi
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891018)
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Date: February 3rd, 2012 9:43 PM Author: Titillating Fat Ankles
Judges/Jurors don't care about the rank of the testifying officer.
Judges will scrutinize the constitutionality of the arrests.
Jurors will question WHY THE FUCK all of these detectives/investigators were needed to arrest someone for 1 gram of weed.
Especially when nobody saw the Def actually selling weed beforehand.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891162) |
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Date: February 3rd, 2012 9:50 PM Author: Titillating Fat Ankles
The judges here already know the Investigators/Detectives and their experience.
They also know how often the "high drug/crime area" is tossed around in this jurisdiction.
It would be a different situation if the cop actually SAW the Defendant doing something or had an anonymous tip that the particular defendant was doing some shady/illegal shit.
But I don't have that here.
Experienced Cop + Bad neighborhood + Run != Autowin
It's a shitty case just for a MTS.
Don't even get me started on actually taking this to trial.
The charge was ALREADY to possession. Jurors here don't give a shit about a blunt or a dimebag, especially if the Defendant was just standing around and not actually seen selling it.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891204) |
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Date: February 3rd, 2012 9:35 PM Author: Titillating Fat Ankles
lol, just lol.
Not really.
The above poasters would be arguing for the other side if I had actually bragged about keeping the case.
"YOU PIECE OF SHIT! YOU ARE ABUSING YOUR AUTHORITY!"
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891110) |
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Date: February 3rd, 2012 9:41 PM Author: Titillating Fat Ankles
Lambasting the cops?
You think they give a shit what some lawyer who has never so much as handcuffed someone thinks about how they do their day-to-day job?
lol, just lol!
If they did, half of the fuckers that perform DUI SFST in my jurisdiction would've been shit-canned YEARS ago.
I don't know where this meme of "Prosecutors control Cops" has developed. Maybe I need to find such a jurisdiction and get a job there.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891152) |
Date: February 3rd, 2012 9:38 PM Author: Cerise Stubborn Rehab Half-breed
fleeing in high crime area in response to police question = RS to detain/chase
running into a random house = PC to believe drug possession/trespass
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891125) |
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Date: February 3rd, 2012 9:54 PM Author: Titillating Fat Ankles
Wasn't random house.
Plus, the judges don't like when we toss out the "High Crime Area" as a catch-all without something more.
Last month I argued a MTS where the cops saw a guy standing outside in a "HCA", but the catch was that he spit out a blunt from his mouth as they spoke to him.
Without the dumbass spitting the blunt out, they never would've had RS to detain or PC to arrest.
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891221) |
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Date: February 3rd, 2012 10:00 PM Author: Slate karate
so randomly running from the police doesnt constitute RS to at least chase and Terry stop?
Dont have my crimpro hornbook in front of me, but i know cops cant chase doods into their house without a warrant in certain exigencies
but yeah, the RS may not have risen to the required PC by the time they entered their home. Without more, the police had no justification to continue pursuing (like if it was a suspected trespass, they saw drugs during the chase etc)
(http://www.autoadmit.com/thread.php?thread_id=1864215&forum_id=2#19891246) |
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