Wash. Supreme Court: Pocket-squeeze frisk illegal

[randude101]

By Associated Press OLYMPIA, Wash. (AP) - The state Supreme Court says a police frisk was illegal because the officer squeezed a suspect's pocket to find drugs.

The court's unanimous decision Thursday reverses a Court of Appeals ruling, and dismisses the 2006 drug possession conviction of Anthony Gaylord Garvin.

Garvin was pulled over in 2005 by Union Gap police officer Gregory Cobb, for having burned-out brake lights and a broken windshield. Cobb saw a knife in the car, and during a search, he patted Garvin down.

The officer squeezed the contents of Garvin's pocket from the outside, despite not finding another weapon there, and found some methamphetamine. But the state Supreme Court says that exceeded the scope of a lawful frisk, under case law from the U.S. Supreme Court.

[ItsGrowTime]

Im surprised no one has posted this yet.

http://online.wsj.com/article/SB124334529081854421.html

The Supreme Court overturned a long-standing ruling that stops police from initiating questions unless a defendant's lawyer is present, a move that will make it easier for prosecutors to interrogate suspects.

The high court, in a 5-4 ruling, overturned the 1986 Michigan v. Jackson ruling, which said police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present.

more info at linkIn a nutshell, cops do not have to stop questioning a suspect when the suspect requests a lawyer anymore. THIS IS WHY YOU MUST EXERCISE YOUR 5TH AMENDMENT RIGHT AND SHUT YOUR MOUTH WHENEVER YOU ARE BEING QUESTIONED BY POLICE! It is now solely your responsibility to know your rights and zip your lips, attorney or not. The cops won't tell you anymore and they WON'T leave you alone.

[Bass Akwards]

The cops will be leaning heavy on everyone from here on out.

Once you're in cuffs, asking to call your attorney is all you should say, over and over and over. Hopefully, you have several of his cards on your person at all times. An ACLU pocket guide is also helpful.

They can't legally deny legal materials to you. If you need to use the ACLU "cheat sheet", ask to get it from your wallet. The same goes for "religious materials". They can't deny you a pamphlet on meditation or yoga breathing ( both of which you might need while being badgered ).

First: Even if they catch you with a baggie of buds stuck up your ass, Don't admit Anything! You have no idea how it got there! What is it? You thought it was peppermint! "That's what the guy told me! I got ripped off!""

Second: Don't believe Anything they say! You're not in "big trouble". You haven't "ruined your life", and they're Not going to take your kids away!
That filthy SCUM will use every awful lie they can to play with your head.

They are Not your friend, they won't do you any favors unless you become a snitch. They are low level government functionaries slogging through a river of human shit that flows through their offices every single day.

As far as they're concerned, you're just another turd in the pipeline.

The feeling is mutual.

[SmokyMtnToker]

I was doing some research and found an interesting case from Washington State, a Supreme Court decision that should remind us, and cops, exactly what they can, and cannot do to us in their desperate efforts to arrest and charge innocent cannabis users.

Before some wannabe lawyer responds that the decision only applies to that State ( which is technically correct) the main facts are such that virtually ANY state high court would find the same. If any state Supreme Court decided differently, then it would be a Federal Supreme Court battle to see what is what.

But until that happens, one can safely assume that the case law and principles enumerated in this case will withstand challenge in any court, given similar circumstances.

Here is the link: http://www.courts.wa.gov/content/Briefs/A08/809411%20supp%20br%20of%20Garv in.pdf


It is not too long a read, and I will quote critical issues. No cop in the USA, no matter what state, can violate the core federal decisions and get a conviction that will stand. The problem, of course, is that in a corrupt legal system like ours, where money is the key to effective representation in many cases, it takes extended appeals to get justice. Many lower court judges are rubber stamps for the prosecution and cops and know that a poor defendant will be unlikely to afford an appeal up the line to a court that would throw out an obvious Constitutional defect.

People with money get things thrown out early in the show because the judge knows that an appeal will embarrass him or her if a bad decision is made. Judges know that they will not face judicial scrutiny from most poor defendants, and so they tend to let things go that another defendant would get thrown out...sad state of affairs..it is not supposed to be this way.

Anyway, here are a few key points. The situation was this: A cop stops a guy for traffic offenses..broken light, etc. The cop sees a knife on the seat near the guy and orders him out. The cop takes a pocket knife from the guys pocket. Ok so far. All legal. Terry search meant to safeguard the officer. But then, instead of 'patting down' the rest of the guy for any hidden weapons, the cop ' squeezed' and felt and manipulated the contents of the pockets to try and determine what was there.

When the cop felt the little coin pocket in the front of the jeans, he said he felt it was a small baggie with grains or crystals inside. He actually squeezed and seperated the contents and felt that it was ' likley' some unknown drug. The defendant asserted a Fourth Amendment violation because the squeezing and manipulating of the body and clothes was in excess of what is allowed by the TERRY doctrine of a pat down ONLY for weapons.

Not only did the poor fellow lose at district level, but also at Appeals level. It had to go all te way to get a court that would uphold the actual law. Shameful conduct by all lower courts, no doubt stacked with rabid right wing nutters put there during Scumbag bush's cabal days.

Thank God the Supreme Court in Washington State upheld the Constitution and 40 years of TERRY.

I tried to copy and paste quotes, but for some reason it will do allow it...it a pdf or something..I am not a computer genius...so PLEASE click on the link and read the case. It WILL matter if some cop frisks you!

http://www.courts.wa.gov/content/Briefs/A08/809411%20supp%20br%20of%20Garv in.pdf


This covers it so well. If anyone has been convicted or charged because some cop went beyond a patdown, this might help.

[h^2 O]

i dunno two of my friends got "warnings" for having like seriously minute particles of weed going through the airport. I think they just say "less than a gram." It was like A calyx in pocket lint.

[Hash Zeppelin]

Just remember to keep your mouth shut no matter what they tell you or ask you.

[randude101]

Bump.. This is important information folks.

[DIGITALHIPPY]

wow this is big news for a supreme court system that cant seam to uphold a persons rights.

[ItsGrowTime]

Why was my post about SCOTUS changing right to an attorney law merged into a thread about 4th amendment patdowns?? I mean if we want to start a SCOTUS thread detailing all their fucked up rulings lately thats cool. It should be titled as such.

[Hash Zeppelin]

I wrote a paper on this once. The supreme court precedent decision before let a guy off that had 2 kilos of meth in his bag. sucks that this works for meth dealers better than weed dealers. kinda fucked

[GrüneErd]

for real, i recently had a run-in with the law, of course after identifying myself answered all questions with the exact phrase "sir with all due respect i have nothing to say without an attorney present", and was surprised to find them CONTINUOUSLY questioning me and getting more and more angry. usually they just stopped before. now they just got pissed and kept at it. got nothin though...

[Saseydon]

if they would use baby whips they wouldnt need to buy that expensive ass toilet paper that a roll only lasts them a couple days. what a total waste of money and its bad for your plumbing.

[HookaHittaH]

same thing happened to my unkle. they patted him down at a traffic stop for weapons... and he had a joint in his pocket. cop felt it pulled it out and got caught up for it. he said wtf officer thats not a weapon. too bad this doesnt apply everywhere. still good info to know. those shady cops will still do whatever the fuck they want... 5-0s aint nothin but Hoes.

[20north]

DUH cops can break laws to the cop would have found the meth anyway people who do those drugs should be in jail

the cop is an idiot for not following protocol

that guy is a peice of crap he had meth on him crap throw him in a tank of poop the guy should have gotten jail time he was probably extremely high on meth. last but not least i think most of the people know that SOME LAW ENFORCEMENT try their best to take advantage of human rights as much as they can

the meth head might not have been able to even talk PLEASE WHY POST STUFF ABOUT METH???? EVERYONE KNOWS THIS IS International Cannagraphic Magazine

"those shady cops will still do whatever the fuck they want... 5-0s aint nothin but Hoes."

you guys who are shitting on cops are freaking morons if police wernt around people would be breaking your windows and raping your children at night and shotting you in the head to steal your car just cuz their car might be 10 blocks away or maybe some creepy dude wants to kidnap you make you his sex slave cmon guys THE WORLD ISNT THAT NICE

[20north]

stick to the weed, dont do drugs! try not to bash on cops they jus tryin man that job isnt that fun.................... some people have no choice for a job for they angry lol well ya i really dont like the DEA very much they made cannabis rediculously expensive by making it less avaliable and help the countries that import cannabis ect to be one of the most profitable business's in the world and now parts of mexico are in a blood bath all caused by the dea. state polices just are nosey people thats all they just like everyone on this website tehy just dont see the world like us


ya i dont use periods woot! take a deep breath!

[20north]

exactly hash zeppelin if i could delete my posts and just say right on hash zeppelin i woulda done just that..

[randude101]

I was doing some research and found an interesting case from Washington State, a Supreme Court decision that should remind us, and cops, exactly what they can, and cannot do to us in their desperate efforts to arrest and charge innocent cannabis users.

Before some wannabe lawyer responds that the decision only applies to that State ( which is technically correct) the main facts are such that virtually ANY state high court would find the same. If any state Supreme Court decided differently, then it would be a Federal Supreme Court battle to see what is what.

But until that happens, one can safely assume that the case law and principles enumerated in this case will withstand challenge in any court, given similar circumstances.

Here is the link: http://www.courts.wa.gov/content/Briefs/A08/809411%20supp%20br%20of%20Garv in.pdf


It is not too long a read, and I will quote critical issues. No cop in the USA, no matter what state, can violate the core federal decisions and get a conviction that will stand. The problem, of course, is that in a corrupt legal system like ours, where money is the key to effective representation in many cases, it takes extended appeals to get justice. Many lower court judges are rubber stamps for the prosecution and cops and know that a poor defendant will be unlikely to afford an appeal up the line to a court that would throw out an obvious Constitutional defect.

People with money get things thrown out early in the show because the judge knows that an appeal will embarrass him or her if a bad decision is made. Judges know that they will not face judicial scrutiny from most poor defendants, and so they tend to let things go that another defendant would get thrown out...sad state of affairs..it is not supposed to be this way.

Anyway, here are a few key points. The situation was this: A cop stops a guy for traffic offenses..broken light, etc. The cop sees a knife on the seat near the guy and orders him out. The cop takes a pocket knife from the guys pocket. Ok so far. All legal. Terry search meant to safeguard the officer. But then, instead of 'patting down' the rest of the guy for any hidden weapons, the cop ' squeezed' and felt and manipulated the contents of the pockets to try and determine what was there.

When the cop felt the little coin pocket in the front of the jeans, he said he felt it was a small baggie with grains or crystals inside. He actually squeezed and seperated the contents and felt that it was ' likley' some unknown drug. The defendant asserted a Fourth Amendment violation because the squeezing and manipulating of the body and clothes was in excess of what is allowed by the TERRY doctrine of a pat down ONLY for weapons.

Not only did the poor fellow lose at district level, but also at Appeals level. It had to go all te way to get a court that would uphold the actual law. Shameful conduct by all lower courts, no doubt stacked with rabid right wing nutters put there during Scumbag bush's cabal days.

Thank God the Supreme Court in Washington State upheld the Constitution and 40 years of TERRY.

I tried to copy and paste quotes, but for some reason it will do allow it...it a pdf or something..I am not a computer genius...so PLEASE click on the link and read the case. It WILL matter if some cop frisks you!

http://www.courts.wa.gov/content/Briefs/A08/809411%20supp%20br%20of%20Garv in.pdf


This covers it so well. If anyone has been convicted or charged because some cop went beyond a patdown, this might help.

Thanks a ton. You really enhanced my report. State Supreme Court Decisions are very important.

[Barf]

DUH cops can break laws to the cop would have found the meth anyway people who do those drugs should be in jail

the cop is an idiot for not following protocol

that guy is a peice of crap he had meth on him crap throw him in a tank of poop the guy should have gotten jail time he was probably extremely high on meth. last but not least i think most of the people know that SOME LAW ENFORCEMENT try their best to take advantage of human rights as much as they can

the meth head might not have been able to even talk PLEASE WHY POST STUFF ABOUT METH???? EVERYONE KNOWS THIS IS International Cannagraphic Magazine

"those shady cops will still do whatever the fuck they want... 5-0s aint nothin but Hoes."

you guys who are shitting on cops are freaking morons if police wernt around people would be breaking your windows and raping your children at night and shotting you in the head to steal your car just cuz their car might be 10 blocks away or maybe some creepy dude wants to kidnap you make you his sex slave cmon guys THE WORLD ISNT THAT NICE

Apparently you don't live in the U.S. or maybe a liberal ass state Because that shit already happens, and ya... if there was no justice then that would be true. Too bad it's easier to get a gun in my state than to buy from the liquor store. So ya, I guess you'd be right if only we didn't have our second ammendmend right idiot. Try 'shooting me in the head' when a shotgun barrel is starring you in the face. Don't count on the popo to come, and why the hell would I call them when im growing?

Oh you broke my door down, to bad I can just shoot at the door through the walls and fuck you up. Cops aint shit, living less than a block from a police station, and the fact cars get their windows broken out for an ipod is good enough evidence. 15+shootings on my block 1 block from the station... In the last year. 5 dead.

[Barf]

Apparently you don't live in the U.S. or maybe a liberal ass state Because that shit already happens, and ya... if there was no justice then that would be true. Too bad it's easier to get a gun in my state than to buy from the liquor store. So ya, I guess you'd be right if only we didn't have our second ammendmend right idiot. Try 'shooting me in the head' when a shotgun barrel is starring you in the face. Don't count on the popo to come, and why the hell would I call them when im growing?

Oh you broke my door down, to bad I can just shoot at the door through the walls and fuck you up. Cops aint shit, living less than a block from a police station, and the fact cars get their windows broken out for an ipod is good enough evidence. 15+shootings on my block 1 block from the station... In the last year. 5 dead.

I don't own a gun... but I plan on getting one very very soon.

[ItsGrowTime]

stick to the weed, dont do drugs! try not to bash on cops they jus tryin man that job isnt that fun.................... some people have no choice for a job for they angry lol well ya i really dont like the DEA very much they made cannabis rediculously expensive by making it less avaliable and help the countries that import cannabis ect to be one of the most profitable business's in the world and now parts of mexico are in a blood bath all caused by the dea. state polices just are nosey people thats all they just like everyone on this website tehy just dont see the world like us


ya i dont use periods woot! take a deep breath!

You don't use much in the way of sentence structure, punctuation, capitalization or any other forms of written proper english. You may have written something extremely profound but you lose all credibility with that hot mess so who would know? Yikes.

[el machico]

okok