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Non-Typical Solutions

Hypothetical Situation

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1 hour ago, Flatlander said:

More interesting question… if there was no probably cause, and he requested to search your pack, would you let him?

 

do they ever not have probable cause? I have to imagine if they want to they can think of something 

 

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28 minutes ago, trphyhntr said:

 

do they ever not have probable cause? I have to imagine if they want to they can think of something 

 

Gotta be able to prove it in a court of law to a "reasonable" level. 

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Reasonable suspicion is easier to prove vs probable cause, but as previously stated, its what you can prove in court.

Like on a first date, just say no!

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2 hours ago, firstcoueswas80 said:

Gotta be able to prove it in a court of law to a "reasonable" level. 

It’s at the officers discretion, no? The judge isn’t in the field. Could be thrown out after the fact, with a good lawyer. But he still could say he has cause on the scene at his discretion, right? 

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1 hour ago, trphyhntr said:

What? 

You know, when the chick starts to take advantage of you

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1 hour ago, n2horns said:

You know, when the chick starts to take advantage of you

Cause that happens, when? How many guys  filing sexual assault charges these days… against women?  Not rich  male actors.. don’t see that much.

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4 hours ago, trphyhntr said:

It’s at the officers discretion, no? The judge isn’t in the field. Could be thrown out after the fact, with a good lawyer. But he still could say he has cause on the scene at his discretion, right? 

Correct. Officer can state that he had "probable cause", but it has to "make sense" to a "reasonable person" (jury). 

 

Like the example listed above, a "reasonable" person would agree that turkey feet sticking out of a backpack outside of turkey season would equal probable cause.

However a person decling a consensual search does NOT meet the threshold of PC. Every judge and jury would agree to that, excluding other details. 

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