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Category: Life
The following is from Officer Kyle. Nothing added, nothing taken away.
Kyle

BTW, a few hours ago I stopped a car while i was on my way back to the
office from an interview. I was on the interstate in a work zone.
There are signs and flashing lights for the work zone and the reduced
speed (60 mph) and the fact that the fine is increased to $250 for
traffic violations in the work zone is posted every 0.5 miles. Our
Sheriff has really gotten on us about making sure we ABSOLUTELY do not
speed through the work zone unless we are running Code 3 (Lights and
Sirens). I had a Silver 2003 Tahoe pass me in the work zone running 85
in a 60. I turned on the lights and siren and pulled them over. It
was dark and the vehicle had heavily tinted windows, so I had no idea
who was inside nor how many people were inside. I approached from the
passenger side to keep from standing in traffic and tapped on the
passenger window to let the driver know i was there. The 34 year old
black female driver immediately launched into a tirade, yelling the
first thing she said to me, before i even was able to identify myself.
"WHY YOU BE PULLING ME OVER?!?!?!? I AIN'T DID NOTHIN' WRONG!
IT'S 'CAUSE I'M BLACK, AIN'T IT WHITE BOY?! THAT'S PROFILING!! RACIST
COP, I AIN'T GOT NO DRUGS."
To which I calmly replied (and I was
VERY calm because after her last comment i suspected she had drugs in
the vehicle and I did not want her doing anything until the K-9
arrived) "I am Detective xxx with the XXX county Sheriff's Office, the
reason i stopped you was that you passed me in excess of 80 MPH in a 60
MPH posted work zone. I need to see your license and Registration."
After more cussing and mumbling, she told me she did not have a license
as it was suspended last year. i walked back to the car and called for
a K-9 unit to assist me with a search. He found Crack and marijuana in
the vehicle. Now according to her, the only reason i arrested her was
that she was black. Nevermind the 3 felonies or passing me in a work
zone, it was all about her color.
I had no idea what color
she was, she went by me too fast for me to even see, but the only
reason i stopped her according to her was because she was black.
 _________________________________________________________________________
Now people, please note that apart from the fact that the lady mentioned that she did not have any drugs, Kyle had no reason to be suspicious. These ladies were not acting nervous. He did not smell any drugs. He did not see any drugs, weapons or large sum of money. Just the fact that she mentioned she did not have any drugs was enough to get officer Kyle suspicious and call in a K-9 unit.
Reasonable Suspicion:
Reasonable suspicion is a legal standard in
United States law, that a person has been, is, or is about to be,
engaged in criminal activity based on specific and articulable facts
and inferences. It is the basis for an investigatory or Terry stop by
the police and requires less evidence than probable cause, the legal
requirement for arrests and warrants. Reasonable suspicion is evaluated
using the "reasonable person" or "reasonable officer" standard, in
which said person in the same circumstances could reasonably believe a
person has been, is, or is about to be, engaged in criminal activity;
such suspicion is not a mere hunch. Police may also, based solely on
reasonable suspicion of a threat to safety, frisk a suspect for
weapons, but not for contraband like drugs. A combination of particular
facts, even if individually innocuous, can form the basis of reasonable
suspicion.
Probable Cause:
In the context of warrants, the Oxford
Companion to American Law defines probable cause as "information
sufficient to warrant a prudent person's belief that the wanted
individual had committed a crime (for an arrest warrant) or that
evidence of a crime or contraband would be found in a search (for a
search warrant)." "Probable cause" is a stronger standard of evidence
than a reasonable suspicion, but weaker than what is required to secure
a criminal conviction. Even hearsay can supply probable cause if it is
from a reliable source or is supported by other evidence.
"Probable cause got flaws like dirty drawers" - Lauryn Hill.
Based on the definition for "Probable Cause" and "Reasonable Suspicion", did the fact that the lady told Kyle that she did not have any drugs reason enough for him to call in a K-9 unit?
5:30 AM
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