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Real-Life Hypo

Cops show up because they think someone is stealing utilitie...
Exhilarant Painfully Honest Patrolman Dysfunction
  02/01/12
stopped reading at "Here someone in there."
tantric supple school cafeteria
  02/01/12
cr
Slate Stage
  02/01/12
direct quote from police report.
Exhilarant Painfully Honest Patrolman Dysfunction
  02/01/12
so cop knocks on trailer trash's door. tt not only opens doo...
Exciting slap-happy school athletic conference
  02/01/12
Seizure in home as invalid w/out warrant or exigent circ...
Exhilarant Painfully Honest Patrolman Dysfunction
  02/01/12
how did they seize the home by knocking on the door? did the...
Exciting slap-happy school athletic conference
  02/01/12
By issuing orders and obstructing her exit (by being out fro...
Exhilarant Painfully Honest Patrolman Dysfunction
  02/02/12


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Date: February 1st, 2012 12:05 AM
Author: Exhilarant Painfully Honest Patrolman Dysfunction

Cops show up because they think someone is stealing utilities. Arrive, see RV hooked up to outlet inside of an apartment. Knock on the RV and announce police. Nobody comes out. Here someone in there.

Guy comes out of apartment, says that it's his RV, and that he's been living in it. Plates run back to him.

Cops continue to pound on RV door, announcing police, and ordering everyone out. Woman comes out. Says nobody else inside. Cops keep screaming, ordering people out.

Client walks out of RV. Looks at cops, who tell her to stop and put her hands up. Cop says she is walking funny. Tells her that he is going to pat her down. Client keeps walking, saying no. Cops grab her and conduct pat down. Arrest her and book her for resisting arrest.

Tell me what you think about the Fourth Amendment issues.

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19874616)



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Date: February 1st, 2012 5:58 AM
Author: tantric supple school cafeteria

stopped reading at "Here someone in there."

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19875300)



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Date: February 1st, 2012 9:18 AM
Author: Slate Stage

cr

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19875424)



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Date: February 1st, 2012 2:40 PM
Author: Exhilarant Painfully Honest Patrolman Dysfunction

direct quote from police report.

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19876820)



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Date: February 1st, 2012 9:17 AM
Author: Exciting slap-happy school athletic conference

so cop knocks on trailer trash's door. tt not only opens door but exits the trailer. then tt refuses a terry patdown. even binder & binder wouldn't touch this/refer it out.

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19875423)



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Date: February 1st, 2012 2:43 PM
Author: Exhilarant Painfully Honest Patrolman Dysfunction

Seizure in home as invalid w/out warrant or exigent circumstances. (Seizure because of the orders to come out.)

Unlawful seizure when they tell her to stop as she walks away.

Unlawful pat-down.

Battery by cop because of unlawful performance.

Client charged with resisting and delaying a cop. Prosecutor just offered infraction. I'm pushing dismissal.

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19876834)



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Date: February 1st, 2012 3:03 PM
Author: Exciting slap-happy school athletic conference

how did they seize the home by knocking on the door? did they tell the tt they would kick it in if she didn't come out?

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19876905)



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Date: February 2nd, 2012 8:17 PM
Author: Exhilarant Painfully Honest Patrolman Dysfunction

By issuing orders and obstructing her exit (by being out front by the only exit), they detained her. Case law supports this.

(http://www.autoadmit.com/thread.php?thread_id=1862620&forum_id=2#19884412)