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Old 12-05-2011, 04:20 AM   #21
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Quote:
Originally Posted by jordan89

I might be wrong but I believe they would still need a warrant to search your house.


You ever here about people complaining about there cars being searched without probable cause? All start with Terry.

Terry is one of the most abused laws. It was passed by the 7 popes to protect Leo. Now it's just another way to get around obsolete papers that some old dead guys wrote.
Terry could easily have it's own thread.

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Old 12-05-2011, 04:22 AM   #22
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A Terry stop is when you are found guilty of nothing, as a last resort an officer of the law can search you for anything that can be considered a weapon.

So let's say you have fingernail clippers. That would give them probable cause to search your house. Been around for a long,long,long time.

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That's not correct. When an officer suspects or witnesses a person commit a crime, they may detain them. During this period, officers are permitted to frisk a person and relieve them of any weapons or contraband they may find. They are not necessarily allowed to empty your pockets.

My interaction with the police existed outside the bounds of a Terry stop.


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Old 12-05-2011, 04:26 AM   #23
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Quote:
Originally Posted by tellmaster207

You ever here about people complaining about there cars being searched without probable cause? All start with Terry.

Terry is one of the most abused laws. It was passed by the 7 popes to protect Leo. Now it's just another way to get around obsolete papers that some old dead guys wrote.
Terry could easily have it's own thread.

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Cars and homes are to very different things in the eyes of the law. Probable cause is sufficient enough for a cop to search a automobile. The Terry is often what gives them probable cause.

But it is not the same for a home. A cop must have a warrant or receive permission from home owner to search someones home.

Again, I'm no legal expert. I just paid close attention in my government class. Lol
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Old 12-05-2011, 04:33 AM   #24
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The point here though is that I didn't commit a crime. The debate about where the bounds of the precedent set by Terry vs. Ohio are is another topic for another thread.

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Old 12-05-2011, 04:33 AM   #25
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For officer safety he has the absolute right to secure the area including his and everybody elses safety. Somehow I feel there is more to the story about him Quote becoming pissy! You must realize he does not know for sure what is actually going on until he evaluates and determined who is the good guy telling the truth or the problem in the situations. I do not know about his attitude and demeanour but I would have guaranteed you I would take any weapon for everyone until the situation was determined. And would not have taken any BS from anyone until the area was secured. It is better to explain and apologize than die in a situation!

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Old 12-05-2011, 04:33 AM   #26
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Quote:
Originally Posted by jordan89

Cars and homes are to very different things in the eyes of the law. Probable cause is sufficient enough for a cop to search a automobile. The Terry is often what gives them probable cause.

But it is not the same for a home. A cop must have a warrant or receive permission from home owner to search someones home.

Again, I'm no legal expert. I just paid close attention in my government class. Lol
There is also "open sight". Example the knock on my door and I answer and they happened to see a meth lab or some other illegal contraband they could search the home. But just having a knife or gun would not fall into that category as long as it is legal.
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Old 12-05-2011, 04:36 AM   #27
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The point here though is that I didn't commit a crime. The debate about where the bounds of Terry vs. Ohio is another topic for another thread.
Sorry boss. Got a little excited. Hopefully you don't have any more issues with your roommate.
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Old 12-05-2011, 04:36 AM   #28
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Quote:
Originally Posted by jordan89

Cars and homes are to very different things in the eyes of the law. Probable cause is sufficient enough for a cop to search a automobile. The Terry is often what gives them probable cause.

But it is not the same for a home. A cop must have a warrant or receive permission from home owner to search someones home.

Again, I'm no legal expert. I just paid close attention in my government class. Lol
I don't know. It seems that a Terry was standard practice with that particular dept. If they confiscated a weapon in his own driveway then they would have cause to enter the house or apartment.
As far as houses being different than autos. That line is getting much smaller quickly. I guess that's my point. If he confiscated the weapon in your driveway, that's already your property. If he wanted to go inside he most likely could have.

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Old 12-05-2011, 05:41 AM   #29
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Quote:
Originally Posted by Sniper03 View Post
For officer safety he has the absolute right to secure the area including his and everybody elses safety. Somehow I feel there is more to the story about him Quote becoming pissy! You must realize he does not know for sure what is actually going on until he evaluates and determined who is the good guy telling the truth or the problem in the situations. I do not know about his attitude and demeanour but I would have guaranteed you I would take any weapon for everyone until the situation was determined. And would not have taken any BS from anyone until the area was secured. It is better to explain and apologize than die in a situation!

03
Right, I don't feel violated, I'm just wondering because I know there are those that would feel so. I had been talking with the three officers for about 10 minutes and had more or less already told my story. One of the supporting officers noticed the bottom inch of the sheath sticking out below my hoodie. He lifted my hoodie. The officer in charge of taking the call cocked his head sideways with his gaze locked on the knife as if to indicate to me that there was something egregiously wrong about it. They took the knife without asking me and scolded me for not telling them about it. The officer in charge continued to go on about "I'm going home tonight". It was all I could do to keep from rolling my eyes. The other two officers didn't seem too bothered by the whole thing...

So yes, he got pissy.

I don't have a problem relieving a weapon to an officer if he asks for it, but to take it from my person without consent, or fear of his own safety is a little rude and likely not within his legal rights. So far it seems that at least a few of you agree. Not really a big deal I know... but hey, its good to know where the law lies, I think.
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Terry V Ohio Commentary

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Old 12-05-2011, 04:50 PM   #30
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I called the police back, decided that I do want to file a report. They took my knife again, to my verbal protest. I explained to them the bounds of Terry vs Ohio. Their rebuttal was that they had the right for their safety. Terry indicates that officers who have specific cause to fear for their safety may relieve a person of weapons. It's a sad thing the specific cause to fear for your safety is the current condition of society.



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