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The Range
Law & Order
Warrantless search - Rogers County
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<blockquote data-quote="Rez Exelon" data-source="post: 3943004" data-attributes="member: 5800"><p>I didn't say you said that. I shared my interpretation of what would be more accurate. </p><p></p><p>Hypothetical: Let's say I was an LEO and I stopped you with BS PC. Then you get combative and I arrest you. Sure you can get your day in court after the arrest going on your record. The cost of a lawyer, bail, court costs. Possibly lost wages or lost employment in some cases. Sure you might even win, but at what cost. There are very real costs for the fight and I as the LEO might just get to walk away or a stern talking to about not doing that again. Maybe I get fired and have to go to a different department.</p><p></p><p>Or there is always the classic prosecution for "resisting arrest" which courts have ruled to be enforceable even if the initial reason for the stop was ruled invalid or unconsititutional. So maybe I could have, in this hypothetical, just looked for the slightest justification to use that and not even charge anything else. Then there's all the same costs and records issues etc and the initial subject matter wouldn't even need to be ruled on.</p></blockquote><p></p>
[QUOTE="Rez Exelon, post: 3943004, member: 5800"] I didn't say you said that. I shared my interpretation of what would be more accurate. Hypothetical: Let's say I was an LEO and I stopped you with BS PC. Then you get combative and I arrest you. Sure you can get your day in court after the arrest going on your record. The cost of a lawyer, bail, court costs. Possibly lost wages or lost employment in some cases. Sure you might even win, but at what cost. There are very real costs for the fight and I as the LEO might just get to walk away or a stern talking to about not doing that again. Maybe I get fired and have to go to a different department. Or there is always the classic prosecution for "resisting arrest" which courts have ruled to be enforceable even if the initial reason for the stop was ruled invalid or unconsititutional. So maybe I could have, in this hypothetical, just looked for the slightest justification to use that and not even charge anything else. Then there's all the same costs and records issues etc and the initial subject matter wouldn't even need to be ruled on. [/QUOTE]
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