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View Diary: "Wow! So it's not my fault." (238 comments)

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  •  No, it doesn't (0+ / 0-)

    PC is ULTIMATELY up to the judge reviewing the case when a suppression hearing and/or civil suit are filed, and the former judgment can go all the way to the supreme court.

    and ime, motions to suppress are near automatic in almost any criminal case prior to trial.  i've been to scores of them.

    if the officer is deemed by an independent finder of law, to whit - a JUDGE - to not have had reasonable suspicion when he made a terry and.or PC when he made an arrest, then ALL evidence is thrown out to include statements made, evidence recovered, etc.

    furthermore, if the officer was found to have made a judgment that was grossly deficient, there are grounds for a serious lawsuit as has happened a metric assload of times.

    yes, ... in the field (in the short term) PC (and RS) are up to a cop, because judges don't cruise around in patrol cars making arrest... unless they are sylvester stallone in cheezy futuristic schlock sci-fi movies.

    But ultimately, all decisions as regards to PC, reasonable suspicion, exigency etc. etc. are reviewable by a judge and if found deficient, the "exclusionary rule " generally applies - iow evidence is thrown out.  The automatic  exclusionary rule is something many otherwise liberal nations do NOT have e.g. the UK, and makes us rather unique as we were about the first, if not the first, to establish it.

    •  In the meantime (1+ / 0-)
      Recommended by:

      while you're waiting for the judge to decide, you've been arrested, possibly harassed, reputation possibly infringed upon if the arrest is known, labeled a prostitute... possibly even lost your job or kids.

      yes, you may be completely exonerated after, and it may not take you having the money to file a civil suit or take it to the supreme court. But in the meantime you're entire life is in upheaval because you accidentally walked through the wrong part of town with a box of condoms and dressed the 'wrong' way.' (maybe you picked up the condoms on the way home from a club)

      Not to mention people being afraid that this is what will happen, and so, they just don't buy or use condoms, hence hindering availability to contraceptives.  If you have money you may  not be as afraid of this scenario happening, but if you don't have money to fight it, if you happen to live in or near one of these "zones", which presumably aren't in the best parts of town then it does affect the availability of contraception.

      •  I think this is a bit much (0+ / 0-)

        The idea that people are so afraid of being mistaken for a prostitute that they eschew buying condoms.  I mean... puhleeze.

        I believe the term is "baseless worry"

        We are talking about the oldest profession in the world, one frankly that law enforcement as well as society doesn't really care that much about.  Cops do the occasional sting, and from the many prostitutes I have talked to (often a great source of street intel for law enforcement officers), law enforcement is FAR FAR from their biggest concern - homicide, rape and robbery are.

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