Damn policeman

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wizard10000

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I think that if a LEO sees someone smoking something in a vehicle that isn't a cigarette that that does give him the ability to stop the vehicle and determine if it is legal or not legal.

IANAL but nope - the LEO has to have at least reasonable suspicion that what the person is doing is against the law in order to legally pull him over. Reasonable suspicion isn't a hunch, it's a legal definition - it's an articulable reason why someone would suspect that what the person was doing was illegal.

Here's a pretty good definition, I think -

What is Reasonable Suspicion?

What is Reasonable Suspicion?

The Fourth Amendment prohibits unreasonable searches and seizures and its protections extended to brief investigatory stops of persons or vehicle falling short of arrest. A reasonable suspicion determination is made by the totality of the circumstances of each case to see whether the detaining officer had a particularized and objective basis for suspecting legal wrongdoing. Past cases have recognized reasonable suspicion was a somewhat abstract notion – a deliberate intent to avoid a neat set of legal rules. Rather than viewing incidents in isolation, the proper test is to look at factors as a whole to determine if there is reasonable suspicion.

and -

Reasonable suspicion | LII / Legal Information Institute

Reasonable suspicion

A standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable suspicion exists when a reasonable person under the circumstances, would, based upon specific and articulable facts, suspect that a crime has been committed.
 

zoiDman

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IANAL but nope - the LEO has to have at least reasonable suspicion that what the person is doing is against the law in order to legally pull him over. Reasonable suspicion isn't a hunch, it's a legal definition - it's an articulable reason why someone would suspect that what the person was doing was illegal.

...

Trust me on this one.

The lawyers, and ECF members for that matter, can argue the prose of what is a “Reasonable Suspicion” till the stars fall. But in the Real world a LEO is going to consider a plume of smoke coming out of something that isn’t a cigarette to be a “Reasonable Suspicion”.

Does that mean you’re Going to get stopped? Perhaps.

Does that mean you Can be stopped? Yes, yes it does.
 

carpedebass

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I'm with zoiDman on this one. LEOs can and will stop you if you are doing anything suspicious. Personally, I welcome the opportunity to share the knowledge of PVs with them. People talk about LEOs like they're not human or something. They live, breath, walk and talk just like the rest of us...the difference is that they have a very dangerous job to do which involves confrontation almost constantly.

If you think you'd be any different than they are after a few months on the job, I would offer you...just try it...if you dare. Most people are honestly too unconfrontational to do even a half .... job at law enforcement.

Treat them with respect and 99.9% of them will return that respect with due diligence. Treat them with disrespect, and they're usually practiced enough in the art of confrontation to show you what the word means.

Sorry, I just get tired of mealy-mouthed people acting like they know anything about what it's like being in law enforcement. Yes, there are a couple of jerks in the bunch...but I dare say even more jerks on the other side of the law enforcement fence.
 

GIMike

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So I suppose you think they should be camped right outside your door? Oh wait! That would be invasion of privacy, right?

I think he was saying that because cops aren't parked outside your door, that if some druggie is breaking into your house at 2:30 in the morning, call the morgue to come pick up the body.
 

zoiDman

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I think he was saying that because cops aren't parked outside your door, that if some druggie is breaking into your house at 2:30 in the morning, call the morgue to come pick up the body.

Just wondering which body the morge would be picking up? His or Theirs?
 

Crumpet

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So I suppose you think they should be camped right outside your door? Oh wait! That would be invasion of privacy, right?

I don't think that is what was intended. But since cops can't be right there, many people expect to defend themselves in the event of a home invasion and are aptly prepared to do so. And some of those people have really good aim. The first person I look to to take care of me is...........me. That's why I took up martial arts and why I carry a concealed weapon. Most women aren't attacked when their husbands are right there beside them or when there is anyone around to help.

Not all cops are jerks, of course. But plenty of people have had enough bad experiences and it doesn't help that even the 'good' cops will usually cover for the lousy ones because of some brotherhood code, or whatever you want to call it. There's a lot of peer pressure for them to not rat each other out. The job might turn some people into jerks but I think that being able to carry a gun and have a badge to back it up can give incentive to antisocial types to be attracted to that kind of work. I'm a mental health professional and my former agency used to have a special unit for treating police officers. Any battered woman married to a cop is SOL. Personally, I think there's more than just a few cops that let it go to their head.
 

BoiseMike

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I think he was saying that because cops aren't parked outside your door, that if some druggie is breaking into your house at 2:30 in the morning, call the morgue to come pick up the body.

Correct! Give that man a cigar!
The only one you can rely on for your defense is yourself. Anyone else may not be around, but you're always there.
 

RobFindlay

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IANAL but nope - the LEO has to have at least reasonable suspicion that what the person is doing is against the law in order to legally pull him over. Reasonable suspicion isn't a hunch, it's a legal definition - it's an articulable reason why someone would suspect that what the person was doing was illegal.

In my experience the "reason" or "probable cause" is something the LEO makes up when he's filling out his report.

And I say this as a VERY VERY VERY ex-cop. I got tired of working with people who where in it just for the head stomping.

-r0b
 

RobFindlay

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I think he was saying that because cops aren't parked outside your door, that if some druggie is breaking into your house at 2:30 in the morning, call the morgue to come pick up the body.

My philosophy is if someone is in my house in the middle of the night uninvited and they are commanded to stop and then keep advancing after they here the rack of the 12ga, they're kinda have a death wish already.

-r0b

P.S. The one guy who tried to kick my door in, heard the rack of the 12 and ran so fast I don't think he had time to change his underwear.
 
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