Why Americans should reconsider their contempt for today's police (v2.0)

[ford.304]

Not professionally, but recreationally a time or two

I'm pretty sure Ken White (used to work as a prosecutor, not works as a defense attorney and writes popehat.com blog) has read a few as well.

http://www.popehat.com/2014/07/15/wa...-paper-shield/

I am completely aware that filling out a warrant is a time-consuming process for an officer. Filling out one for a legit crime is no walk in the park, and requires setting up a both what the officer knows and how they know it. Moreover, I know that for any additional escalation, special request and justification must be given, and should be examined very closely by the presiding judge.

It's very nice in theory. It seems as though in practice, many times it turns into so much paperwork. A lot of that is on the judge for not looking closely enough.

I'm trying *really* hard to not make this me vs the cops. I don't mean that. Sorry if I've given the wrong impression.

@vcd

I'm going off of what I have read from multiple lawyers and civil rights activists (including some cops) in this area who are intimately familiar with criminal procedure and its effects. It's not my impression from TV or watching evening news, if that what you mean.

But I didn't want to make this a big argument. So I'll check out. Have a nice evening, ya'll, and stay safe.

[John Hearne]

But on TV they just pick up a cell phone and say, "I need a warrant." and that is all it takes.

True, I have always wanted me one of those phones.....

[Shellback]

How about you stay in your lane.

Why not educate him in a positive manner rather than expecting him to kowtow to your imaginary internet badge?

[klewis]

How about you stay in your lane.

The fourth amendment is very much our collective lane. Hence the thread.

[Shellback]

Just last week, Maryland State Trooper on the way back to the cop shop - Nice save!

[vcdgrips]

Irish et al.

Respectfully, it has become quite tiresome to read in this forum particularly, posts based on or otherwise quote second or third hand information like it is the gospel truth.

"My impression from various former prosecutors was that most judges rarely refuse to authorize a warrant where someone knew how to fill out the form correctly."

1. The poster re the above by his own admission has not spoken to a group of collective prosecutors nor a body of judges such that he could glean a majority opinion held by "most" judges.
2. The supporting article that he links to talks about warrants to authorize federal wiretaps v. a search warrant for items etc. which is another kettle of fish entirely
3. The poster acknowledges that he has little to no experience reading search warrant documents as he has read "only one or two recreationally."


The post then goes on to clarify his point

"I am completely aware that filling out a warrant is a time-consuming process for an officer."
(Actually, filling out the warrant itself is not particularly time consuming at all, the attached supporting affidavit is what is often typically time consuming)

Filling out one for a legit crime is no walk in the park, (implication being that filling out one for a presumably non legit crime is easy?) and requires setting up a both what the officer knows and how they know it. Moreover, I know that for any additional escalation (the term additional escalation is not a term I have ever heard used in any document in the search warrant context.), special request and justification must be given, and should be examined very closely by the presiding judge.

It's very nice in theory. It seems as though in practice, many times it turns into so much paperwork. ( No basis in fact, training or experience to make this statement or draw this conclusion) A lot of that is on the judge for not looking closely enough.

Bottom Line- I base my comments from working in the search warrant arena for the last 17 years, the poster I took issue with -"the interwebs". I expect no kowtowing, I just expect posters on this forum (LE) to not post when they do not know what they are talking about or at least say that up front as opposed to making massive and sweeping generalization re a subject matter they have little to no real expertise in.

[LittleLebowski]

This thread needs some eyes on it. It also needs some civility and restraint. Happily, the moderators are here to provide these things. If you see a problem or feel insulted, hit that Report button. Let the moderators deal with it.

For all, remember how PF isn't that place where the denizens fling feces and scream at each other? Do your part at your level to keep it that way.

Again, if there's a problem, TELL THE MODS.

[Shellback]

Irish et al.

Thank you for taking the time to write a well thought out, articulate response. My apologies for my flippant remark earlier.

[vcdgrips]

Irish, No worries, we are talking about important issues.
Be safe and well.

[klewis]

vcdgrips,

In context I see your point, and get what you were saying. Sorry for any offense.

Ken