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Fri, 17 Apr 2020
Your Tax Dollars At Work: Cops Arguing They Thought A Small Envelope Might Have Contained A Weapon
Furnished content.
When a police officer violates rights, they're put in the awkward position of defending their actions. If qualified immunity isn't immediately awarded to them by far-too-compliant courts, they've got to put in their work in defending the indefensible. That's when taxpayer dollars get spent defending actions that violate the rights of taxpayers.And there are so many examples of bad behavior no one should be defending in court. Here are cops arguing that someone invoking their rights is suspicious behavior. Here's one claiming that driving carefully and obeying all traffic laws is suspicious. Here are two cops claiming there's an expectation of privacy in the room they used to drink alcohol and nap while on the clock. Here are some officers claiming Constitutional rights are time-wasting bullshit.There's just so much of it. It would be darkly comic if it wasn't so tragic and/or frightening. Here's a school resource officer claiming a small amount of missing cash justified the strip search of twenty-two preteen girls. Here's another arguing it's OK to arrest a bunch of middle school students to "prove a point." Oh and it's apparently just good police work to hurl a flashbang grenade in the general direction of a toddler.This is all a lead-in to this gem of a defense, offered by cops hoping to see their small drug bust survive their unconstitutional actions. (via FourthAmendment.com)After running a red light, Joshua West was approached by a police officer after he had already parked his truck in the County Administration Building's parking lot. Officer Williams asked West to get back in his truck and proceeded to ask him questions about the truck's ownership, since it only had dealer tags in the window. West presented the officer with some paperwork -- including his valid license and insurance information. Officer Williams began writing a ticket for the red light violation.At some point during this stop, West dropped a small object on the floor of his truck. The officers weren't sure what it was but they really wanted to take a look. So, without actually having the legal permission to do so (West did not give consent), they began searching the truck. During this search, they found the object West had dropped: a small envelope (one that was -- according to the officers -- "concealed in West's fist") containing a clear plastic bag with methamphetamine in it.They then performed a second search, which turned up even more drugs. West moved to suppress this evidence, arguing the initial search of his truck was unjustified.Here's where it gets ridiculous. The officers claimed the first unlawful search was in fact lawful because it was done for "officer safety." Somehow, this "protective search" for weapons inside the truck allowed the officer to open an envelope and inspect its contents. The appeals court [PDF] agrees with the district court: this is a very stupid thing to assert.The district court found that the envelope -- which had been in West’s hands and lap to the end of the encounter -- was full of papers and could not have been used to hide even a small weapon without first pushing the papers aside and without creating a visible bulge. In the light of these circumstances, no reasonable suspicion could exist that would support Officer Sorrell’s initial search of West’s truck or the envelope for weapons. Not only that, but there was nothing about the stop or West's behavior that should have given the officers any reason to suspect he was dangerous or carrying weapons he planned to use against them.Given the totality of the circumstances presented in this case, we conclude that no probable cause existed to justify Officer Sorrell’s initial search of West’s truck. West was pulled over for having run a red light. West engaged in no erratic driving, and nothing evidenced that West attempted to flee. Neither officer had had prior dealings with or knowledge of West before the traffic stop. Nor did either officer smell or see marijuana or other contraband inside the truck.During the traffic stop, West complied with Officer Williams’s orders, provided Officer Williams with the requested information and documents, and remained calm and cooperative. Officer Williams confirmed that West had a valid driver’s license and no outstanding warrants. These circumstances gave the officers no good reason to suspect West of engaging in criminal activity beyond running a red light. The Appeals Court also disagrees with the sworn statements made by the officers, which were undermined by their own silent witness.Although Officers Williams and Sorrell testified that West appeared nervous and agitated during this interaction with Officer Williams, the district court found that the officers’ testimony about West’s demeanor was contradicted by the video recording of the traffic stop. All of this unjustified behavior led directly to cops arguing in court that they had to search an envelope because it might have contained a weapon. The evidence is gone, along with the conviction. And this was done with tax dollars. The government argued on behalf of these cops who couldn't take down a drug user without ignoring the Constitution. Lots of things are done in our name, using our money. Arguing that an small envelope might have contained a gun shouldn't be one of them.
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posted at: 12:00am on 17-Apr-2020
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