On Fri, Jan 16, 2009 at 8:50 AM, Ian Skinner <[email protected]> wrote:

> Until that victim is interviewed and a legal search can be done of the
> guys possessions, yes.


How are you going to interview the victim? Since your search was illegal in
your eyes, you have to let him go without prejudice. You can't follow up on
the victim, you can't follow up on the guy. There is no follow up.

Afraid not.  Somebody so drunk that he can't keep his eyes own provides
> probably cause by just looking at him.


No he doesn't, because you didn't stop him for that, you stopped him because
of the warrant.


> I'm sorry, but I am going have to send you back for some new analogies.
> Please remember you have to show how somebody just driving down the
> road, doing absolutely nothing wrong, can legally be pulled over and
> searched 'just because' and why you would be OK with that if it happened
> to you.


It did happen to me. I took responsibility for my actions. I know....i'm
crazy like that.

I think the point of this particular scenario is that the cop DID have
probable cause. The warrant. Yes, the warrant turned out to be wrong, but at
the time...the cause the cop had to pull over the car WAS VALID. Right?

Probable cause is pretty much a crock anyway....cop can say just about
anything he wants.

-- 
And the Anzio bridgehead was held for the price
Of a few hundred ordinary lives


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