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Thread: Another reason why one should not consent to a search!

  1. #1
    Regular Member Lawful Aim's Avatar
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    Another reason why one should not consent to a search!

    ...And check your pockets often, especially ones with loose openings, for items added as well as missing when having been in close proximity of others.
    Former New York Cop Blows Lid Off Drug-Planting Scheme

    http://www.bet.com/news/national/201...ng-scheme.html
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    Regular Member MilProGuy's Avatar
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    Thank you for sharing the link to this most shocking story.
    Proud Veteran ~ U.S. Army / Army Reserve

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    Regular Member hermannr's Avatar
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    I see 80,000+ asking for Judicial review of their convictions, and then a very large class action law suit...Oh, NYPD is in deep dodo

  4. #4
    Campaign Veteran Verd's Avatar
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    Quote Originally Posted by hermannr View Post
    I see 80,000+ asking for Judicial review of their convictions, and then a very large class action law suit...Oh, NYPD is in deep dodo
    Good.

    Of course, typically when someone with the NYPD does something illegal, they tend to just lose their 10 days vacation time.
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  5. #5
    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by hermannr View Post
    I see 80,000+ asking for Judicial review of their convictions, and then a very large class action law suit...Oh, NYPD is in deep dodo
    My guess is they will try to fight these in court...cheaper than trying to settle each one. IIRC, class action suits are for civil cases, these would be criminal. Plus I don't think you can do a class action against a governmental agency.

    Please, if someone else has more info, please contribute.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Redbaron007 View Post
    My guess is they will try to fight these in court...cheaper than trying to settle each one. IIRC, class action suits are for civil cases, these would be criminal. Plus I don't think you can do a class action against a governmental agency.

    Please, if someone else has more info, please contribute.
    If (big IF) you can break soverign immunity - probably by showing deliberate indifference in this situation - you can sue the government without their permission. Show that deliberate indifference across the board and you have a class-action suit. I just doubt anyone can prove the administration both knew of and condoned the specific behavior.

    I respectfully disagree that fighting each case would be cheaper than settling. Going to court is just as expensive for .gov as it is for the individual citizen. They are just better equipped to fund the expense by shifting funds from one expense account to the other - but it still means someone, somewhere is going to get shorted to meet the bill. Spent too many years as a .gov bureaucrat involved in trying to keep .gov out of court not to understand how that works.

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  7. #7
    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by skidmark View Post
    .....I respectfully disagree that fighting each case would be cheaper than settling. Going to court is just as expensive for .gov as it is for the individual citizen. They are just better equipped to fund the expense by shifting funds from one expense account to the other - but it still means someone, somewhere is going to get shorted to meet the bill. Spent too many years as a .gov bureaucrat involved in trying to keep .gov out of court not to understand how that works.

    stay safe.
    I based my assumption on fighting them in the context of not all 80k cases would not be reviewed. What better way to deflate the plaintiff then to tell them the case might not be heard for another 2+ years or so. In dealing with some of the prosecutors’ offices in the past, this was a tactic to weed out the chaff.

    OTOH...if all 80k have to be reviewed, they will most certainly settle behind closed doors and/or out of the system.

  8. #8
    Regular Member hermannr's Avatar
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    Quote Originally Posted by Redbaron007 View Post
    My guess is they will try to fight these in court...cheaper than trying to settle each one. IIRC, class action suits are for civil cases, these would be criminal. Plus I don't think you can do a class action against a governmental agency.

    Please, if someone else has more info, please contribute.
    Yes they will start out in Criminal court, and I would suspect that anyone that was convicted of simple posession would be freed, had their record expunged..

    However, after that is done,,,then the federal civil rights, false imprisonment, malicious prosecution, etc, etc, civil law suits will follow as soon as these guys leave prison.

    Believe me, there are a lot of NYC lawyers that would love to be in on that feeding frenzy. Some of the "best" personal injury (read ambulence chasers) will be at the front of that bus.

    I also can see NYC trying to tax the "earnings" of these suits...
    Last edited by hermannr; 10-24-2011 at 02:25 PM.

  9. #9
    Campaign Veteran since9's Avatar
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    I think I'll start wearing a sarong. No pockets.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  10. #10
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by since9 View Post
    I think I'll start wearing a sarong. No pockets.
    Your new room mate, Bubba, is just going to love your sarong after you are convicted of throwing that baggie out the window.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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  11. #11
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Your new room mate, Bubba, is just going to love your sarong after you are convicted of throwing that baggie out the window.
    I'll simply fashion it into a diaper and bounce baby Bubba on my knee until he pukes.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  12. #12
    Regular Member zoom6zoom's Avatar
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    Quote Originally Posted by since9 View Post
    I'll simply fashion it into a diaper and bounce baby Bubba on my knee until he pukes.
    That is just.... sarong.

  13. #13
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by MilProGuy View Post
    Thank you for sharing the link to this most shocking story.
    No, MilProGuy....thank you...
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Regular Member MilProGuy's Avatar
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    post count
    Last edited by MilProGuy; 10-28-2011 at 12:11 PM. Reason: edited for the sake of brevity and clarity
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  15. #15
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by MilProGuy View Post
    post count
    That's what I figured you were going for with most of your posts here. It shouldn't be something to strive for, this isn't GlockTalk, where your credibility is based of your post count.

    sent from my phone, excuse my grammar/spelling errors
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  16. #16
    Regular Member MilProGuy's Avatar
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    Jest pokin' a little fun at ya.
    Proud Veteran ~ U.S. Army / Army Reserve

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