T
thefatman
Yes I live in the USA.
Cops do not have the right to inspect your ID just because they think it might be phony. However, they can incarcerate you and hold you for up to 72 hours before they have to charge you with a crime if they think your ID is phoney. If your on probation or parole they can hold you almost indefinitely under the surmise you have violated your probation or parole. Eventually they will either lower the bail or give to a hearing to decide if you violated terms or conditions of your parole or probation. If incarcerated your possessions will be locked up as your property as part of your processing into jail. If they want to inspect your ID by taking it they must get a search warrant. No a guards determination that it is a fraud can not be used as evidence in court. So unless of course you give them permission or hand it to them when they hold their hand out or ask you for it they need a warrant to even exam it except at a border crossing or other some3 place of entry into this country from another country.
No knock warrants must be applied for and approved by a Judge in advance. Judges do not give permission for warrants or changes to warrants over the phone. A cop simply has to be given the impression that evidence is being destroyed after they announce themselves and enter the dwelling etc. That is adequate cause to enter the dwelling without waiting for them to answer the door, however they still must initially knock when serving the warrant unless the search warrant specifically reads they have been authorized to serve the warrant without knocking.
Few judges will pre approve a no knock warrant unless the person the warrant is issue against has a previous record for the possession of a weapon while committing a crime. Or if a undercover agent will swear to it, on the application for the warrant, that he observed a weapon when making a controlled buy etc. Judges inherently will not accept hearsay evidence of a weapon when issuing a warrant for a no knock warrant as to many search warrants have been thrown out and court rulings reversed on appeal due to no knock warrants being issued due to hearsay evidence that was later found to be bogus.
Yes chases are allowed on a case by case basis under depending upon if the public will be put at too much risk as a result of the car chase. Courts have often determined that it is better to not chase a criminal in a high speed chase if the public will be put at a high risk due to the search. They also take into account the danger the person put the public at risk if not chased. i.e. most chases are deemed unacceptable due to liability issues. Many civil courts rulings have been made against, cities and states due to chases that have caused unnecessary injuries, deaths and huge amounts of costly damages.
I have spent a lot of time reading law books while in prison. I still spend time in a law library every month. Just because police do things doesn't mean they are not breaking, ordinances, rules and laws. Typically they are lightly reprimanded then patted on the back for making the apprehension etc. or for finding evidence etc.
Here is another good one. In all states lawyers are considered offices of the court. In nearly all states the lawyers code of ethics state thei lawyers primary loyalty is to the the court. Also in most states the lawyers code of ethics state that in the lower courts the lawyers will not use a defense not already determined by case law, by court rules or state statues to be a legal defense. If such a defense is brought up in court it will objected to by the prosecution and the objection will be up held by the judge. The defense will have to object to the judges ruling so that the defense can appeal under those grounds if the defendant is found guilty.
My facts come from court trial records as well as state and federal laws. I have been on trial or arrested quite a few times, but since learning that reading court records and state and federal laws will usually prevent me from even standing trial I have not been found guilty of any more crimes. I found that if you want to commit crimes it is best to first read the laws on those crimes and research cases on such crimes or related crimes.
Most policemen break many laws/rules and do not properly handle evidence or the chain of custody or properly lock up evidence so that evidence is usually thrown out by the courts. They also often lie and fabricate evidence used in pretrial hearings to get people to accept plea bargains. Call them on their bluffs because they will not use fabricated evidence and seldom lie in courts as they are required to take an oath in court. They only have to take an oath in pretrial hearings if requested by the judge. That very seldom ever happens as judges in general want convictions rather than justice based upon legal evidence so they let the cops and prosecutors get away with about anything during pretrial hearings as they know doing so will usually convince the defendant into accepting a plea bargain.
The ignorance of the law by most of this countries citizens is always used to the benefit by police, prosecutors and judges as it is easier then doing their jobs properly plus, through plea bargains, it gets them a high conviction rate. All of them will take a conviction anyway they can get it.
I am old and have learned a lot in my life. Enough said.
