Question for a law expert - Page 3

**bluecheese** · 07-16-2007, 05:22 PM

Quote:

Originally Posted by bobbooty

technically, in the state of California, once you are pulled over by a peace officer, you are under arrest.

I knew I avoided CA for a reason!

j/k

**bobbooty** · 07-16-2007, 05:27 PM

Quote:

Originally Posted by bluecheese

I knew I avoided CA for a reason!

j/k

lol. its not that bad. sometimes they want to stop you because you did something right! ive seen them stop people for driving courteously, and stuff like that.

Lady Gardener · 07-17-2007, 04:27 AM

You know.....over here........if you have an out of town plate........watch out!

We drive like nuts here........evreryone knows that Québec drivers, drive with the pedal to the metal, cut ya off, cuss in traffic..........

The cops here are as curious as a Bear.........

LotusX · 07-17-2007, 09:28 AM

Quote:

Originally Posted by Underarock

they don't need a warrant if they have probable cause and suspect a law is being broken

if you are standing on your property smoking a joint and they can SEE you, they have probable cause.

If your plants are sitting where anyone can see them, they have probable cause.

They cannot enter your house, but if they can look over your fence (like a meter reader) and see your plants, they have probable cause.

and lastly....although FLIR (foward looking infra-red)imaging devices are an invasion of the interior of you home, merely looking down onto your property from a helicopter is NOT a protected space

I assume you DO have a fence.
If not, the courts see it as you never HAD an xpectation of privacy.

I hate to give people bad news without any hope of a solution.

be thinking of hedges and camo netting

agreed (to the important parts at least... I think that in some states you don't even need a warrant to use FLIR... I could be wrong about that though). As far as the choppers go though, it's within the plain site rule. And to whoever talked about how it's as easy as "lying to a judge", they wouldn't need to, and even if they did, generally speaking, the risks would outweigh the rewards. It may not be a perfect system, but cops cannot do whatever they want, and just make up bullshit to search your house. They might be able to get away with it a couple times, but I doubt that it's that frequent of a practice. Also, FLIR and other equipment is expensive. I'd be interested to know how many departments (or areas, or whatever) have them, and how many, etc etc. I know that in my area, police squad cars dont even have recording cameras. I think they are trying to get some but they are like 10K a piece. Anyway... I'm gonna stop before I get further offtopic than I already am.

Prophit · 07-19-2007, 06:38 AM

Bobbooty- where did you hear that once your pulled over youre under arrest in CA? Ive never heard that...Ive been pulled over and not arrested several times, and pulled over & arrested once...from my understanding & personal experience it's 2 seperate things, a traffic stop is like a "Terry stop," you might be in custody but you arn't "under arrest" until they decide to haul your ass in to jail. If youve got some information to the contrary i'd love to see it.

*Ripcord* · 07-19-2007, 07:05 AM

Quote:

Originally Posted by LotusX

As far as the choppers go though, it's within the plain site rule. And to whoever talked about how it's as easy as "lying to a judge", they wouldn't need to, and even if they did, generally speaking, the risks would outweigh the rewards. It may not be a perfect system, but cops cannot do whatever they want, and just make up bullshit to search your house. They might be able to get away with it a couple times, but I doubt that it's that frequent of a practice.

It only takes ONCE to ruin your life. The typical LEO can and will do whatever it takes to get that warrant, including making up bullshit.

CalicoJack · 08-08-2007, 03:24 PM

Quote:

Originally Posted by Underarock

they don't need a warrant if they have probable cause and suspect a law is being broken

if you are standing on your property smoking a joint and they can SEE you, they have probable cause.

If your plants are sitting where anyone can see them, they have probable cause.

They cannot enter your house, but if they can look over your fence (like a meter reader) and see your plants, they have probable cause.

and lastly....although FLIR (foward looking infra-red)imaging devices are an invasion of the interior of you home, merely looking down onto your property from a helicopter is NOT a protected space

I assume you DO have a fence.
If not, the courts see it as you never HAD an xpectation of privacy.

I hate to give people bad news without any hope of a solution.

be thinking of hedges and camo netting

This person has it right.
They need to be enclosed, and locked.
This doesn't protect you but it does take the fu&^*g duh aspect out of it.
Looking over your fence is perfectly legal, as is smelling anyhting coming from your backyard, garage, etc.
Depending on where you live, probable cause is interpreted differently. If it's a red state in a red county and they think you're hawking joints to school kids, they'll find a reason to come in.
The key is never giving them anything to be interested in.
I have low flying aircraft all the time, and it makes a few hairs go gray, but at that height, a lot of land is exposed, visible. To go over every single yard, acre, whatever is tedious and takes several passes usually.
Traffic in and out a house and yuor own mouth will get you caught quicker than a chopper.

**bobbooty** · 08-08-2007, 05:17 PM

Quote:

Originally Posted by Prophit

Bobbooty- where did you hear that once your pulled over youre under arrest in CA? Ive never heard that...Ive been pulled over and not arrested several times, and pulled over & arrested once...from my understanding & personal experience it's 2 seperate things, a traffic stop is like a "Terry stop," you might be in custody but you arn't "under arrest" until they decide to haul your ass in to jail. If youve got some information to the contrary i'd love to see it.

Quote:

An arrest is the action of the police, or person acting under the law, to take a person into custody, usually so that they may be forthcoming to answer before a tribunal for the commission of a crime.

Arrest - Wikipedia, the free encyclopedia

**bluecheese** · 08-08-2007, 05:32 PM

Maybe this should be in the confessions thread but...

...I had Court TV on while I was reading here the other night and dunno what show... a California cop tells a woman getting a traffic citation she is technically under arrest... I thought about this thread.

g13laze · 08-08-2007, 06:00 PM

Quote:

Originally Posted by mochabull

but im in real estate and in one of my classes they taught us that you own the land, above (the air) and below the surface.

just had to put my

to correct the spread of disinformation.

you own your air above your property up to a certain point

then it becomes FAA territory

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