I knew there was a problem with the criminal justice system long before all this happened

[BasicHumanUnit]

Prosecutors and police have too much power in the criminal justice system. If they charge you with a crime, it doesn't matter if you're guilty, you have to take the plea bargain to avoid the expense of trial and the possibility of a long prison sentence.

Public defenders won't help you. They are overworked and not very motivated.

A private attorney will help you, but only the wealthy can afford to pay.

This is mostly correct.

Anyone who says otherwise is stupid. 25 years with a prosecutor close acquaintance

The End

 

[Blackrook]

When I was younger I thought of joining the District Attorney's Office and called to make an inquiry.

The woman who answered told me they weren't interested in people who wanted to practice criminal law.

She told me they wanted people who want to wear the "white hat."

I could read between the lines.

Wearing the "white hat" means being prepared to do whatever it takes, fair or unfair, to get a conviction.

I decided then and there I would never be a district attorney.

 

[BasicHumanUnit]

I asked why I was pulled over, and when he admitted I had broke no law and committed no violation, asked why I was being rousted?

Actually, in most states, police don't require any probable cause to pull you over. It's called 'implied consent' which simply states, by virtue of driving on a public road, you consent to being stopped and your vehicle inspected for safety. In some states, you can even be breathalyzed without probable cause.

Implied Consent Laws exist in over 30 different states.

One thing I KNOW....

COPs do not know the fucking law. You're an ex cop.

But most BELIEVE they are a walking law library.

 

[Erinwltr]

I'm white and middle-aged and respectable-looking so any cop I encounter will assume they'll get in trouble if they do anything to me that's out of line.

The one time that didn't work for me was when I went out driving in my pajamas and looked like a homeless person. When my wife showed up they realized I was a regular citizen and they started showing me more respect.

Tough guy so full of BS. Tell us about your NY road trip after touring Europe. Been published yet? Who's your rep and publisher?

 

[freyasman]

He started walking up my driveway after a moment and I met him halfway and quietly asked who the fuck gave him permission to step onto my property?

Guess what. Stepping on you your property is perfectly legitimate ... for anyone. It's the reason you aren't allowed to shoot the mailman, or the meter reader, or the neighbor's dog for trespass.

Unless specifically expressed by sign or barrier, anyone (including police) have implicit permission to be on your property. Once you have told that person to leave however, the implicit permission is withdrawn and it is trespass for them to remain.

I'm sure you believe the officer was responding to your very threatening and imposing presence when he withdrew to the curb. But, sorry to disappoint you, he was just complying with the law.

There are circumstances where police can enter your property without permission (implicit or otherwise). This was obviously not one of those circumstance.

He knew he was wrong and he knew throwing attitude at me wasn't going to get him out of it. So he shut his mouth and retreated, and we had a cordial conversation after, and he then he left. He wanted to ask about some neighbors, anyway, it had nothing to do with me.
But courtesy and respect are a 2 way street; I didn't walk over and climb in the front seat of his cruiser, even though my taxes paid for it, and I didn't treat him like a fucking peon either.

Why would you expect me to tolerate that behavior?

 

[fncceo]

Wearing the "white hat" means being prepared to do whatever it takes, fair or unfair, to get a conviction.

Say what?!

 

[freyasman]

by law, in a lot of encounters the public has no obligation to comply or cooperate.

You'd be surprised just how many you do.

I'm familiar with the law.


I plan ahead, remember?

 

[fncceo]

I didn't walk over and climb in the front seat of his cruiser, even though my taxes paid for it, and I didn't treat him like a fucking peon either.

You'd think that someone who has been in trouble with the law as much as you claim to have been, would be more acquainted with the law.

Perhaps that's the crux of your issue.

 

[freyasman]

I'm white and middle-aged and respectable-looking so any cop I encounter will assume they'll get in trouble if they do anything to me that's out of line.

The one time that didn't work for me was when I went out driving in my pajamas and looked like a homeless person. When my wife showed up they realized I was a regular citizen and they started showing me more respect.

I got a flat top and still have a lot of military bearing left from 20 years in the Army; I get mistaken for a cop a lot.

I don't know a single cop with a flat top ... except on TV.

I only know a couple myself.

 

[freyasman]

All cops want is respect. Give them that and they will leave you alone almost every time.

True.

But that goes both ways.

 

[Blackrook]

Cops don't know the law, and sometimes they create law out of their head and try to convince you that this made-up law is real.

I once went driving in my pajamas and socks.

These two cops tried to convince me I had broken the law because I was driving without shoes.

 

[freyasman]

I asked why I was pulled over, and when he admitted I had broke no law and committed no violation, asked why I was being rousted?

Actually, in most states, police don't require any probable cause to pull you over. It's called 'implied consent' which simply states, by virtue of driving on a public road, you consent to being stopped and your vehicle inspected for safety. In some states, you can even be breathalyzed without probable cause.

Implied Consent Laws exist in over 30 different states.

Not here.

If there are not specific, articulable facts evident that would lead a reasonable person to believe that a crime is being committed, has been, or is about to be committed, then a police officer has no legal justification for detaining someone, and pulling someone over is a detainment.

 

[freyasman]

I didn't walk over and climb in the front seat of his cruiser, even though my taxes paid for it, and I didn't treat him like a fucking peon either.

You'd think that someone who has been in trouble with the law as much as you claim to have been, would be more acquainted with the law.

Perhaps that's the crux of your issue.

If I wasn't, I'd be dead or doing time now wouldn't I?

And for what?

What wrong have I done?




And maybe that is the crux of the issue under discussion.

I'm no danger to society but you're more concerned about me and my harmless behavior than you are about folks that will throw someone in a cage just for shits and giggles.

Think about it.

 

[BasicHumanUnit]

I asked why I was pulled over, and when he admitted I had broke no law and committed no violation, asked why I was being rousted?

Actually, in most states, police don't require any probable cause to pull you over. It's called 'implied consent' which simply states, by virtue of driving on a public road, you consent to being stopped and your vehicle inspected for safety. In some states, you can even be breathalyzed without probable cause.

Implied Consent Laws exist in over 30 different states.

Right......
Because the Constitutions says NOTHING about "UNREASONABLE SEARCHES AND SEIZURES"

Typical I'm God cop attitude.

 

[fncceo]

Cops don't know the law, and sometimes they create law out of their head and try to convince you that this made-up law is real.

I once went driving in my pajamas and socks.

These two cops tried to convince me I had broken the law because I was driving without shoes.

If driving without shoes is illegal, then why do they sell these?

 

[justinacolmena]

defenders won't help you. They are overworked and not very motivated.

A private attorney will help you, but only the wealthy can afford to pay.

Bzzzt! Wrong! If you have money, the cops are after your money, no matter what. Public defenders and private defense attorneys are all cops, just as much as the district attorneys, because as lawyers they always consider themselves "officers of the law" and "criminal justice participants" entitled to the same protection from defendants as prosecutors, victims, and hostile witnesses.

 

[fncceo]

I'm no danger to society

But, you have said that you are willing to hurt people whom you perceive have threatened you in some way.

Now, no one assumes that you really mean this. We recognize it as Internet bluster, as truly intimidating people don't feel obligated to pronounce how intimidating they are to others.

But, for the sake of argument, if you were the kind of person who did such things, that would make you a danger to society. Being willing as you would be a law unto yourself.

Societies create elected bodies of lawmakers who make the laws. They empower police with enforcing those laws and create judges to determine guilt and set a punishment appropriate to those offenses. Those are the rules by which society exists.

I guess we can all rest assured that you aren't as threatening as you claim to be.

 

[fncceo]

because as lawyers they always consider themselves "officers of the law"

Actually, lawyers are officers of the court. They serve not the legislature, but the court.

 

[freyasman]

Example of the "You must comply with what I demand, fuck the law" attitude that way too many cops exhibit.

 

[fncceo]

I asked why I was pulled over, and when he admitted I had broke no law and committed no violation, asked why I was being rousted?

Actually, in most states, police don't require any probable cause to pull you over. It's called 'implied consent' which simply states, by virtue of driving on a public road, you consent to being stopped and your vehicle inspected for safety. In some states, you can even be breathalyzed without probable cause.

Implied Consent Laws exist in over 30 different states.

Right......
Because the Constitutions says NOTHING about "UNREASONABLE SEARCHES AND SEIZURES"

Typical I'm God cop attitude.

Here's the thing. Cops don't write laws. If your state has implied consent laws, and most do, you need to take that up with your elected legislator, not the police.

The legislator has granted that power to police in the name of public good.