Pulled over for a search?

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Bama.45
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Re: Pulled over for a search?

Post by Bama.45 »

JediSkipdogg wrote:
fisher wrote:I thought that given a name and DOB , the mobile police computer can pull up a copy of the DL.
Depends on how common the name is, if they look like the picture, and if there are any warrants out there with similar info. A few weeks ago we dealt with a guy that lied on his info to avoid a warrant. He gave us his brother's info and it matched the description. Funny thing is, his brother had a much more serious warrant and he told us the truth once we told him what his warrant was for. It's doable by name and DOB, but not always accurate.

And the law says you must have the card on you to operate a vehicle. So it's a violation anyways and one in which they could have towed it even if someone else in the vehicle had a valid license and had the card on them.

Yep..My Alabama DL got suspended because someone with my name and birth date got a ticket in NJ..I had to go through a big hassle to prove I was innocent..Had to do the same thing when I transferred my Al DL to Ohio..The ticket is still on every one's drivers license that has that name and birth date..The guy I dealt with at NJ DMV told me he had to help another guy with my same name and birth date in N.C.
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JediSkipdogg
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Re: Pulled over for a search?

Post by JediSkipdogg »

Klingon00 wrote:To look at this situation another way, had the car been stolen along with my firearm, I'd be grateful if the police caught the person and put them away for a long time. If they were caught with my firearm without a CHL/ID, all issues of who the person claims to be are somewhat moot and makes the job of an arrest more clear cut for the LEO.

That said, I wonder how long it would take to get my property back from evidence?
Depends on how relevant it is to the case. These days with defense attorneys it's almost impossible to release any property back to the rightful owners early. They want to be able to examine every piece of evidence (I haven't seen it with property per se, but have seen it with almost everything else.)
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djthomas
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Re: Pulled over for a search?

Post by djthomas »

JediSkipdogg wrote:They want to be able to examine every piece of evidence (I haven't seen it with property per se, but have seen it with almost everything else.)
It's all billable.
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JediSkipdogg
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Re: Pulled over for a search?

Post by JediSkipdogg »

djthomas wrote:
JediSkipdogg wrote:They want to be able to examine every piece of evidence (I haven't seen it with property per se, but have seen it with almost everything else.)
It's all billable.
I'd be curious how they bill all these station videos they are requesting for almost everything now. I would say at least 75% of our arrests that are brought on station video is requested (and it's video only, no audio in the rooms so we can easily shut down the attorney-client privilege claim if it's brought up.) I really can't imagine someone watching 2 hours of silent video for a DV or OVI arrest.
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Brian D.
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Re: Pulled over for a search?

Post by Brian D. »

Klingon00 wrote:To look at this situation another way, had the car been stolen along with my firearm, I'd be grateful if the police caught the person and put them away for a long time. If they were caught with my firearm without a CHL/ID, all issues of who the person claims to be are somewhat moot and makes the job of an arrest more clear cut for the LEO.

That said, I wonder how long it would take to get my property back from evidence?
Personally I'd be prepared for a very long wait, or mentally write the gun off completely. Especially if it was valuable.
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djthomas
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Re: Pulled over for a search?

Post by djthomas »

JediSkipdogg wrote:I'd be curious how they bill all these station videos they are requesting for almost everything now. I would say at least 75% of our arrests that are brought on station video is requested (and it's video only, no audio in the rooms so we can easily shut down the attorney-client privilege claim if it's brought up.) I really can't imagine someone watching 2 hours of silent video for a DV or OVI arrest.
First and foremost it's a CYA for the lawyers. It really has nothing to do with winning the client's case. It's a nice side benefit if it happens to give some insight into how much negotiating room might exist by virtue of seeing how bad the "just a couple a beers" client was.

You and I both know lawyers can't work miracles. For the most part if someone gets hit with a DV or an OVI they're going to get stuck with something barring a complete procedural screw up on the officers' part. Attorney malpractice is a big business - one lawyer I know won't do OVI defense anymore because he got sick of being sued by dirtbags refusing to accept that although a lawyer got the first arrest knocked down it doesn't mean that their drinking problem won't catch up to them the second, third, and fourth time they get popped.

The first thing the dirtbag's new lawyers are going to claim is that the original lawyer didn't vigorously advocate for the client. The fact that some piece of video doesn't actually show what the client thinks it does is irrelevant. All that matters is that the video wasn't requested and is no longer available at the arresting agency. Far better to request anything and everything that might exist, get paid to watch it (on fast forward) and stick it in the file to never be touched again.
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Werz
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Re: Pulled over for a search?

Post by Werz »

Brian D. wrote:
Klingon00 wrote:To look at this situation another way, had the car been stolen along with my firearm, I'd be grateful if the police caught the person and put them away for a long time. If they were caught with my firearm without a CHL/ID, all issues of who the person claims to be are somewhat moot and makes the job of an arrest more clear cut for the LEO.

That said, I wonder how long it would take to get my property back from evidence?
Personally I'd be prepared for a very long wait, or mentally write the gun off completely. Especially if it was valuable.
For complete CYA in terms of prosecution, here is what would need to happen:
  1. The handgun would need to be photographed in detail, with high-resolution images (particularly, images of the serial number), to conclusively identify it and show any relevant characteristics.
  2. The handgun would need to be test-fired to conclusively establish operability, which is required to establish that it is truly a "firearm." See R.C. 2923.11(B). In a pinch, it may be enough to have the rightful owner write a statement that it is his/her handgun, that it remained in his/her possession until it was stolen, and that he/she shot it in the recent past, at which time it was fully operable, as demonstrated by a hole placed in a target and an empty cartridge casing.
  3. The trial judge would need to grant a motion for substitution of photographs for physical evidence, possibly over the objection of defense counsel. See Crim.R. 26.
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