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	<title>Comments on: You Just Got Pwned!</title>
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	<link>http://www.rhdefense.com/blog/search-seizure/you-just-got-pwned/</link>
	<description>The Legal Blog with the Really Low Standard of Review</description>
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		<title>By: Rick</title>
		<link>http://www.rhdefense.com/blog/search-seizure/you-just-got-pwned/comment-page-1/#comment-578</link>
		<dc:creator>Rick</dc:creator>
		<pubDate>Sun, 09 Aug 2009 18:01:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.rhdefense.com/blog/?p=831#comment-578</guid>
		<description>In practice, the word of an ordinary citizen against a law enforcement officer, particularly in a suppression hearing, counts for very little.  Although judges know that officers lie, the system would not fare well if they admitted that.

The assumption seems to be that someone attempting to suppress evidence would lie to protect themselves, but law enforcement officers are assumed to be just doing their job and therefore have no reason to lie. 

At least, that&#039;s how it always looks from where I sit.  And from discussions with my peers, I know it usually appears that way to them as well.

The only people who seem to think differently are those with limited contact with law enforcement officers and, perhaps, prosecutors and judges.  (Though, as I noted, I think judges know officers will lie to save a bust.  Prosecutors, no doubt, know this can happen, as well.)

Incidentally, having said this, I should note &#8212; for my constant unbiased critics &#8212; what I&#039;m &lt;em&gt;not&lt;/em&gt; saying:  I&#039;m &lt;em&gt;not&lt;/em&gt; saying that law enforcement officers &lt;em&gt;always&lt;/em&gt; lie.  But they&#039;re more inclined to do so when they know that being truthful can cost them a bust. </description>
		<content:encoded><![CDATA[<p>In practice, the word of an ordinary citizen against a law enforcement officer, particularly in a suppression hearing, counts for very little.  Although judges know that officers lie, the system would not fare well if they admitted that.</p>
<p>The assumption seems to be that someone attempting to suppress evidence would lie to protect themselves, but law enforcement officers are assumed to be just doing their job and therefore have no reason to lie. </p>
<p>At least, that&#8217;s how it always looks from where I sit.  And from discussions with my peers, I know it usually appears that way to them as well.</p>
<p>The only people who seem to think differently are those with limited contact with law enforcement officers and, perhaps, prosecutors and judges.  (Though, as I noted, I think judges know officers will lie to save a bust.  Prosecutors, no doubt, know this can happen, as well.)</p>
<p>Incidentally, having said this, I should note &#8212; for my constant unbiased critics &#8212; what I&#8217;m <em>not</em> saying:  I&#8217;m <em>not</em> saying that law enforcement officers <em>always</em> lie.  But they&#8217;re more inclined to do so when they know that being truthful can cost them a bust.</p>
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		<title>By: ckirksey</title>
		<link>http://www.rhdefense.com/blog/search-seizure/you-just-got-pwned/comment-page-1/#comment-577</link>
		<dc:creator>ckirksey</dc:creator>
		<pubDate>Sun, 09 Aug 2009 17:28:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.rhdefense.com/blog/?p=831#comment-577</guid>
		<description>Ran across your blog while researching legalities of the Crowley -Gates incident. What about LEO ordering someone (suspect) out their house? Once outside the suspect can be arrested on probable cause only. But if the suspect remains inside then a warrant is required or probable cause and exigent circumstances.

Also your subsequent blog post and suspects supposely giving permission for LEO to search personal belongs even though the suspect has drugs concealed is very puzzling. In a surpression hearing, if there is one, does the word of the defendant not count as much as the LEO?</description>
		<content:encoded><![CDATA[<p>Ran across your blog while researching legalities of the Crowley -Gates incident. What about LEO ordering someone (suspect) out their house? Once outside the suspect can be arrested on probable cause only. But if the suspect remains inside then a warrant is required or probable cause and exigent circumstances.</p>
<p>Also your subsequent blog post and suspects supposely giving permission for LEO to search personal belongs even though the suspect has drugs concealed is very puzzling. In a surpression hearing, if there is one, does the word of the defendant not count as much as the LEO?</p>
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		<title>By: All in the name of &#8220;officer safety&#8221;g &#171; West Virginia Criminal Law Blog</title>
		<link>http://www.rhdefense.com/blog/search-seizure/you-just-got-pwned/comment-page-1/#comment-532</link>
		<dc:creator>All in the name of &#8220;officer safety&#8221;g &#171; West Virginia Criminal Law Blog</dc:creator>
		<pubDate>Wed, 15 Jul 2009 13:27:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.rhdefense.com/blog/?p=831#comment-532</guid>
		<description>[...] the name of &#8220;officer&#160;safety&#8221;g Rick Horowitz from Probable Cause had an interesting post regarding &#8220;officer safety&#8221; and the rights of motorists.  In essence, his theory, which [...]</description>
		<content:encoded><![CDATA[<p>[...] the name of &#8220;officer&nbsp;safety&#8221;g Rick Horowitz from Probable Cause had an interesting post regarding &#8220;officer safety&#8221; and the rights of motorists.  In essence, his theory, which [...]</p>
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		<title>By: &#187; Around the Blogs -- Defending People -- Houston Criminal Lawyer Mark Bennett's Blog</title>
		<link>http://www.rhdefense.com/blog/search-seizure/you-just-got-pwned/comment-page-1/#comment-531</link>
		<dc:creator>&#187; Around the Blogs -- Defending People -- Houston Criminal Lawyer Mark Bennett's Blog</dc:creator>
		<pubDate>Tue, 14 Jul 2009 02:47:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.rhdefense.com/blog/?p=831#comment-531</guid>
		<description>[...] Rick Horowitz (Probable Cause) explains why, if you&#8217;re in a car that was stopped on the road, You Just Got Pwned! [...]</description>
		<content:encoded><![CDATA[<p>[...] Rick Horowitz (Probable Cause) explains why, if you&#8217;re in a car that was stopped on the road, You Just Got Pwned! [...]</p>
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