Everyone should take a look at this link; http://www.newschannel5.com/category/211433/nc5-investigates-policing-for-profit
Even with all the media attention, the Drug Task Force has not slowed down. If you are traveling I-40 in my state, especially between mile markers 150 and 204. you will see there activities daily. If they are so concerned about drugs and the issues caused by them. Then why are they looking in the west bound lanes, most all drugs transported to or through Tn come through the east bound lanes.
Nor do they prosecute those who admit to transporting drug money. All they want is the money!
A little trip back in history tells us that the end of the Volstead Act and the repeal of the 18th Amend, came about as states decriminalized the alcohol prohibition laws they had and failed to pursue or enforce Federal Laws. I believe New York was the leader in that movement. I've been told that history repeats its' self.
I wish I could report that the scenario was an exception to the norm. But in reality, it's not in my area. Many officers take the gamble that Joe Blow does not know his Rights, nor does he have the funds to mount a defense. This case the daughter is a 23 year old that did not know her rights and the laws pertaining to them. She just knew her mother did not allow anyone into her room or house, without her mother present. She was more scared of her mother than the law. Most young women would have caved in to their tactics.
This is an investigative report done by local news station. There is a wealth of info showing just how crooked our Law Enforcement is;
This is a letter of agreement to lease the West Bound (money lanes) to the 23rd Judicial District, my Judicial District on indicated days. the reason for the lease is because I-40 is so much better for seizures, than any high in our own district
johnnycee Wrote: If memory serves me right and although I wasn't assigned to any Drug Task Force other than as a support position, transport mostly, the seizures and subsquent forfitures of money and property were generally split up between the agencies involved, and their degree of participation was the determining factor as to how much their respective agency received, wages were not a consideration but I guess the monies recovered and equipment seized did allow the agency to save on those purchases that would have been purchased so the savings in their budgets must have reflected that, possibilty in wage increases.
Until a few years ago, here in Tennessee, seized money and money from the sales of seized property, was not to be used to pay salaries. This all change, now our Drug Task Forces are solely self supporting and dependent upon seized money and property. My Judicial District actually leases part of I-40 from Dickson County. They even have a written agreement that concerns when and where drug interdiction activities can take place. This agreement's sole concern is the West bound lanes. The west bound lanes are the "Money" lanes not drug trafficking lanes. The east bound side is where the drugs flow through. They do not want to stop the drugs, that would take the incentive of the money out of it. And reduce the amount of money that may travel back through Tennessee after the drugs sales.
This is not a profiling traffic stop, but this will give an idea of how our local officers will attempt to circumvent the 4th Amend. I good friend was gone on vacation last week. Her daughter was house sitting. The law shows up looking for an individual that had a warrant for his arrest. This individual was not there, the only info that law had was that someone said he was there 3 days ago (false rumor). 5 or 6 officers entered the door as soon as her daughter answered the knock. She tells them the subject is not there. They insist on looking for him. She tells them that it's not her place, so she can not give them permission to search. Lead officer states that if she makes him jump through the hoops to be able to search, he can get a search warrant in 15 min. But he is going to tear the place up. Next he tells her daughter that he is going to call the landlord to get permission. Then he pretends to be on the phone with the landlord. Her daughter informs him that her mother owns the place that she is the landlord. She calls her mother, Mother tells them if they want to look for this subject to go ahead. Then they get to the mothers bedroom. Daughter is not the most trustworthy person and mother has kept her bedroom door key locked for as long as I have known her, 4 different houses during that time. Law request a key to enter from daughter. Daughter tells the she doesn't have one. She's called a liar and much more. They phone the mother back requesting access to a key. Mother informs there is not one that she can guarantee that no one is in there if the door is still locked. Because she locked it when she left and she has the only key. She's called a liar, and threaten to get a warrant and break the door down. Mother says that's the only way you can get in as she has the only key with her. So the law acts like they are getting a warrant, then officer shows up with a flexible camera and peer under the door.
That was pretty much the end of it. From my understanding the subject had not been there in a while and did not have an active warrant at the time he was there. But look at how the officers tried to circumvent the 4th Amend, a law/right that they are supposed to defend. They attempted multi counts of persuasion/lies in the effort to gain consent. These officers did not follow the policy/theory that you spoke of. "I do not look at the 4th Amendent as an impedment to law Enforcement,but rather the more the 4th Amendment is followed when drawing up various warrants the more likely your arrest will stand up to scrunity"
johnnycee Wrote: I can't recall when I ever refered to a ped stop or a car stop as an investgative stop although thats what it is, there is no written policy or directive that describes what exactly is suspicious activity, each incident carries its own interpetation of it according to the surrounding circumstances and also the experiences of the officer,IE; people on a corner, one hands money to another, and then something is handed back to the other guy, you can't see it because the drugs are small and in a plastic baggie that fits in the palm of their hand, is this suspicious activity because the same guys on another corner in another part of town where the drug problem isn't so bad doing the same exchange and it doesn't warrant the level of suspicion as the previous corner, so it depends on the officers experience and knowledge of the area more so than an exact legal interpetation of suspicious activity.
However innocent the items/actions appear, when the evidence is all added together, from the totality of the circumstance, would it lead to a trained officer to believe there is or about to be a crime committed. That's about as close as I can get to a legal interpretation, it's not the exact wording of the courts, my memory failed me on that. This is a very gray area with the courts, with rulings not in uniform. Law enforcement have be amonished for using the situation to fabricate/twist evidence to fit their versions of the events and formation of probable cause. Road side auto searches are a good example at to what has been used to form Probable Cause to search, religious sticker on bumper or hanging from mirror, clean car, dirty car, 2 shirts hanging in the back seat, shaving kit no other luggage visible. So this type of stop does depend upon the officers experience and knowledge, luck of the draw comes with whether, this knowledge is in how to circumvent the 4th Amend or to follow it. Hopefully most officers are there to protect and serve. This is not the case where I live with certain agencies, as that their wages are paid out of the siezure fund. This is an incentive to make seizures of money and property, while allowing the drugs to pass through.
He must have over looked the damage he committed to the Posse Comitatus Act. When President Barack Obama signed National Defense Authorization Act for Fiscal Year 2012 into law, it reworded the Insurrection Act so broadly that it could imply anyone or group the President wanted it to.
LLBarry Wrote: There's an article out discussing a meeting on a possible racial profiling incident and how that's not the policy and therefore that cannot be the answer. I can't help but question that. I can not help but think, racial profiling is pretty automatic. I wish it wasn't but it really is."Any law that cannot be upheld and researched through facts falls short.
There's a reason that you cannot arrest people for their thoughts, there's no way to read what those thoughts are. However, this law attempts to detour people from thinking racially. A noble cause that falls short. Any law that cannot be upheld and researched through facts falls short.
Now, I personally love the law and I know there are instances when one can find evidence of racial profiling, especially in traffic violations. But do you think it goes a bit to far? Or not far enough?
" Could you please teach this simple theory to the law makers?
Mom with a cause, the whole prison system is a failure in it's stated goals. But it is a huge success as it is implemented to promote the huge industry that has grown from it. For the continued promotion of such a scandals industry, it becomes necessary to quiten those who buck the system. That was the risk your son knew he was taking when he wrote that article. Is it right to treat him that way, NO. But our society looks at felons as less than human and finding support for any issue associated with felons is almost impossible. It's going to take the sacrifice of many more mother's sons, before our society realizes just how corrupted the Prison Industry really is.
johnnycee Wrote: An ordinary car stop is where if a car is traveling to slowly down a residential street,which btw fits one of the profiles about daytime burglaries, so you make a car stop and makes inquiries as to why they are going to so slow, is it car trouble, are they lost. or are they looking for a partcular address,Etc. allthe while the while you are observing the occupants and possibily the interior of the car."An ordinary car stop is where if a car is traveling to slowly down a residential street,which btw fits one of the profiles about daytime burglaries
a car or van with 8 occupants coming off of the desert is also a factor in a profile in border towns /counties.
I do not look at the 4th Amendent as an impedment to law Enforcement,but rather the more the 4th Amendment is followed when drawing up various warrants the more likely your arrest will stand up to scrunity
Those farms and ranchs down on the border have become armed camps against an invading army of drug cartels, those residents have already lost their personal freedoms and safety which is garaunteed under our Constitution, now how do they get it back, since the feds won't assist them.
" Ok, most of the time this is referred to as an investigative stop. Which would need more suspicious activity than traveling too slowly down a residential neighborhood. Innocent activities can be combined in the totality of the circumstance to lead to Probable Cause that a crime is being or about to be committed. That would be a legal stop.
"I do not look at the 4th Amendent as an impedment to law Enforcement,but rather the more the 4th Amendment is followed when drawing up various warrants the more likely your arrest will stand up to scrunity
" That's what the written policy is for most Law Enforcement agencies. That in no way implies that most officers follow it. Many officers will gamble that their suspect does not have access to the funds, to retain an attorney, to defend their case upon violation of the 4th Amendment. These cases can be very costly, many go through the appeal courts.
"Those farms and ranchs down on the border have become armed camps against an invading army of drug cartels, those residents have already lost their personal freedoms and safety which is garaunteed under our Constitution, now how do they get it back, since the feds won't assist them
." I'm not knowledgeable of the area or situation, but I could see how this could be an issue.
All them post and I still have not heard about old T-rex and Noah. That's how it always is with religion, a bunch of personal opinions lacking fact. All religions were created by man. T-rex was created by nature, and there is plenty of proof that he was here, without man testifying that he was.