Jun 5, 2012

Call a Shark

Because this is a pretty clear-cut case of unreasonable search, unlawful arrest, and probably a violation of 18USC242.

http://abcnews.go.com/blogs/headlines/2012/06/police-stop-handcuff-every-adult-at-intersection-in-search-for-bank-robber/

Police in Aurora, Colo., searching for suspected bank robbers stopped every car at an intersection, handcuffed all the adults and searched the cars, one of which they believed was carrying the suspect.
 [...]
“We didn’t have a description, didn’t know race or gender or anything, so a split-second decision was made to stop all the cars at that intersection, and search for the armed robber,” Aurora police Officer Frank Fania told ABC News.
[...]
 “Most of the adults were handcuffed, then were told what was going on and were asked for permission to search the car,” Fania said. “They all granted permission, and once nothing was found in their cars, they were un-handcuffed.” The search lasted between an hour and a half and two hours, and it wasn’t until the final car was searched that police apprehended the suspect.
No description - at ALL.

I have just pegged the rage-o-meter. If that had been me, they'd have found at LEAST one loaded gun, several boxes of various ammo, and all the other detritus that accumulates in my truck. And as soon as I was out of cuffs, the first call would be the slimiest greediest lawyer I could find, and the second would be the press.

3 comments:

Ruth said...

Pretty much.

Can you say "under duress"?? They "gave permission" AFTER they were pulled out of their cars and handcuffed. Yup. Sure they did.....

Bob S. said...

This is an area where I've talked to my family extensively.

Unless we are being held hostage, no police officer has permission to search any of my property without a warrant.

Seeing these types of searches provided a great chance to discuss the 4th Amendment with my kids. Shame we are provided with so many opportunities.

mhaithaca said...

To say this doesn't pass the "sniff test" is putting it mildly. It smells pretty rank, and would not pass judicial muster. I'd be surprised if some hefty lawsuits didn't result.