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Old 06-23-2003, 06:17 AM   #11
Niteshift
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You guys really don't have to tell what the probable cause is?

Sure we do. We have to tell the judge. But no, we're not required to inform you at the time.

I dunno, that process just seems a tad unethical to me, seems as though a lot of problems could be alleviated if the suspect was kept as informed as possible. Might create a little more rapport...

First, let me say that I don't see how ethics and rapport building are the same thing. Are you sure "unethical" was the word you wanted to use?

Now, please don't take this in an insulting manner, because it's not intended to be, but the simple fact is that most people wouldn't recognize probable cause if it bit them on the butt. In fact, a lot of times cops miss what should be probable cause.

I've gone to a judge, shown my probable cause, got a search warrant signed by him, agreeing that I had PC, served it on a house, found a LOT of a drug, arrested the dealer......... and still had him sitting in the cell telling everyone we had no probable cause.

But I also agree that sometimes simple explainations could alleviate a lot of misunderstanding and hard feelings. I've said that before on this forum, and even said that I hope that by answering some of the questions on here, it might make the next encounter between a cop and a member here a little less adversarial.
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Old 06-23-2003, 06:25 AM   #12
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Quote:
Originally posted by Niteshift

First, let me say that I don't see how ethics and rapport building are the same thing. Are you sure "unethical" was the word you wanted to use?
No, it wasn't actually, and now that it was pointed out, it was quite out of place. Sometimes I jsut do that, I dunno...

"problematic" would be the better term, that's what I was meaning. Unethical is quite a leap!

I'd personally be a little more reassured if a cop said, "hey, we saw a baggie that looks like it has pot in it", or "I really smell pot in there" before he searched. Just suddenly looking through my car is going to create a touch of paranoia, and might cause a confrontation (non-violent of course) that could have been avoided.
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Old 06-23-2003, 06:44 AM   #13
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"problematic" would be the better term, that's what I was meaning.

I could go with that word

I'd personally be a little more reassured if a cop said, "hey, we saw a baggie that looks like it has pot in it", or "I really smell pot in there" before he searched. Just suddenly looking through my car is going to create a touch of paranoia, and might cause a confrontation (non-violent of course) that could have been avoided.

Sometimes I'll explain beforehand. Sometimes I'll explain afterwards. Sometimes I won't explain at all. It really depends on the situation.

Why wouldn't I do it beforehand? It depends on a number of things really. A quick example might be that I see what looks like the grip of a pistol under the edge of the drivers seat. I'd prefer to have the gun under MY control before I ever let them know I even think there is a gun there.

There are a couple of other reasons too, but some of those sort of get into the "tricks of the trade" category.
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Old 06-24-2003, 07:33 AM   #14
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Thanks for the advice NiteShift

and thanks for the welcome 30yr.toker
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