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| Re: How NOT to handle an encounter with police (Re: ROBBED BY A COP— PROPERTY DESTROYED!) (425314) | |||
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Re: How NOT to handle an encounter with police (Re: ROBBED BY A COP— PROPERTY DESTROYED!) |
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Posted by JPC on Fri May 4 10:20:27 2007, in response to How NOT to handle an encounter with police (Re: ROBBED BY A COP— PROPERTY DESTROYED!), posted by railbus63 on Thu May 3 13:07:29 2007. You crossed the line when you accused the officers of unreasonable search and seizure when all they were doing was looking at the photos on your camera.This is the definition of unreasonable search and seizure, and he was entirely within his rights vis a vis the Fourth Amendment and all pursuant case law, to refuse consent to said search on those grounds. Recording badge numbers - something else he's entirely within his rights to do - in fact they are required to give them if asked. These officers will no doubt have detailed reports which justify their decision to stop you on the platform and later putting you in cuffs. The cuffs would be a difficult one. Cuffing a suspect is appropriate in only two cases (which to a great extent are interchangeable): (a) if the suspect is being placed under arrest; (b) if the officer has reason to believe the suspect is an imminent physical threat to himself, the officer(s) or others. Otherwise, no cuffs (unless this is a "scared straight" program for teens upon which their parents have signed off, or a motel that charges by the hour, has beds that take quarters and the handcuffs are pink). Where you may have a point is not in what was said, but in how it was said. Being non-accusative and non-confrontational is almost always to your advantage. You can assert your rights without comparing the officer to Hitler (or insert your despot of choice). |
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