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TCOOO: 18 Karat Reggae [Now on ITunes]



Last Updated: 12/20/2009

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Status: Single
State: Maroon Town
Country: JM
Signup Date: 6/29/2005

Who Gives Kudos:


November 4, 2009 - Wednesday 

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?





Listing 1-50 of 76
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~Phenomenal Woman~

 
Typical racial profiling shit at it's finest

 
Posted by ~Phenomenal Woman~ on November 4, 2009 - Wednesday - 6:04 AM
[Reply to this
Aaron

 
Of course.  Never mind that she was speeding and had drugs in her car.  Nevermind that the officer had no way of knowing the woman was black until after he'd pulled her over.  Nevermind that saying I don't have drugs in my car is like telling my wife I wasn't drinking first thing on stumbling in the door at 3 in the morning as I said, just racial profiling. 

I'm reminded of a similar situation that happened years ago in my hometown.  A black woman wrote a letter to the editor of the local paper warning people to look out for hidden signs of racism.  As an example, she spoke of a red license plate with a white stripe running horizontally from the bottom left to top right,  a plate she'd seen only the front of trucks driven by white guys.  I can only imagine her consternation when she read the responses, pointing out that this is the international flag symbolizing a diver in the water and used to warn boaters to exercise caution in the area.  But since she'd only seen it on trucks driven by white guys, it just had to be racist. 
 
Posted by Aaron on November 4, 2009 - Wednesday - 12:49 PM
[Reply to this
Scrotum & ballsack.. just a pair of NUTS
ball sack

 
kanye west stopped by and said my blog is better

blogs.myspace.com/scrotumandballsack

 
Posted by Scrotum & ballsack.. just a pair of NUTS on November 6, 2009 - Friday - 7:02 AM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
"Of course.  Never mind that she was speeding and had drugs in her car.  Nevermind that the officer had no way of knowing the woman was black until after he'd pulled her over.  Nevermind that saying I don't have drugs in my car is like telling my wife I wasn't drinking first thing on stumbling in the door at 3 in the morning as I said, just racial profiling. "

Aaron, all that blah blah has nothing to do with probable cause.  Nothing Kyle said should have given him probable cause.  Basically, he is saying that the fact that the woman says she has no drugs must mean that she had drugs.  How did he get tot hat conclusion.

You are saying never mind she had drugs, but he did not know she had drugs until after the search.  What I am trying to get at is what justification did he have to call in the K-9 unit to search her in the first place?

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 2:23 PM
[Reply to this
Kyle

 
I did not go into the entire story.

In NC, a K-9 can be called for a vehicle walk around with just reasonable suspicion.  The fact that she had broken several laws and had a spontaneous utterance was enough for Reasonable suspicion.

When the dog arrived and walked around the car (not even in the car) he alerted that there were drugs in the vehicle.  When a dog alerts that there are drugs in the vehicle, that is probable cause to have the dog search the vehicle.  See STATE OF NORTH CAROLINA v. FELIX FISHER No. COA99-1222 that the occupant had no reasonable claim to privacy on the interstate for the canine to walk around the vehicle.

Once the K9 hit, a warrant-less search was allowed, as a canine hit is grounds for probable cause.

Know your case law before you go spouting off at the mouth.
 
Posted by Kyle on November 4, 2009 - Wednesday - 7:46 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
"In NC, a K-9 can be called for a vehicle walk around with just reasonable suspicion. "

What was the reasonable suspicion?  Because she called you a racist white boy?

By the way, you claim she had no drivers license, so how did you know she was 34?

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 8:57 PM
[Reply to this
Kyle

 
The reasonable suspicion is that the driver was traveling at a high rate of speed through a marked construction zone in excess of 20 mph over the posted speed limit (crime 1), upon approaching the vehicle, the driver made a spontaneous utterance that there were no drugs in the vehicle, and when questioned if the driver had a valid NC DL, she replied that she did not (crime 2).  During questioning her regarding her personal information (so that i could write the citation) she finally identified herself (which is how i knew how old she was, she gave me her date of birth), she appeared aggravated and upset.  All of these things together give more than enough for RS to call a canine unit to do a walk-around.

 
Posted by Kyle on November 5, 2009 - Thursday - 2:35 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
"During questioning her regarding her personal information (so that i could write the citation) she finally identified herself (which is how i knew how old she was, she gave me her date of birth)"

And you believe her?  So how come you did not believe her when she said she had no drugs?

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 5, 2009 - Thursday - 2:40 PM
[Reply to this
Kyle

 
i believed her because when i ran the name she gave me, her DMV photo came up on my computer and it was the same as the person in the car.

 
Posted by Kyle on November 5, 2009 - Thursday - 7:20 PM
[Reply to this
Kira

 
TC check this link out.

TRAFFIC STOPS and K-9 units

The link lists all kinds of different situations about using the K-9 unit. But, scroll down to "traffic stops" and read the whole thing.

"The Supreme Court's ruling in Whren v. United States [7] that pretextual traffic stops do not violate the Fourth Amendment creates an extremely productive opportunity for traffic stops to become sniff stops, as well. Drug detection dogs can be used on routine traffic patrol in high drug areas to sniff cars stopped for traffic violations."

"If an officer's suspicions are aroused during the course of a traffic stop where a drug detection dog is not present and the officer can articulate reasonable suspicion of drug activity, the officer may detain the vehicle for a reasonable length of time to allow for the arrival of a drug detection dog.'4 It is recommended that if there is no reasonable suspicion to detain occupants in the vehicle, they should be permitted to leave and told how they can arrange to claim the vehicle later, if appropriate."




 
Posted by Kira on November 5, 2009 - Thursday - 12:30 AM
[Reply to this
Kyle

 
Thank you for posting that.

 
Posted by Kyle on November 5, 2009 - Thursday - 12:48 PM
[Reply to this
Aaron

 
I've said this before, but let me ask again.  TC, if you went out drinking until 2 in the morning, would the first thing you said to your wife when you stumbled through the door be I wasn't out drinking?  Especially if stated before a question is asked, this is stupid as hell and virtually a tacit admission of wrongdoing.  I would further suggest that mouthing off to a cop in the manner this woman did, if Kyle is to be believed and we're taking his story at face value, is beyond moronic.  The last thing I or any sober and thinking person would do if pulled over by the cops is to mouth off to them, its like begging for a ticket.  Between the speeding, hysterical response to the cop and shady statement about having no drugs, I'd think there's at least probable cause to have her breathalized or tested to determine whether or not she was intoxicated or otherwise impaired behind the wheel.  If you're impaired or acting in such a way as to make a cop believe you're impaired, it seems a natural conclusion to search the vehicle. 
 
Posted by Aaron on November 4, 2009 - Wednesday - 2:36 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
You feel me.  The sister was not acting nervous... not fidgeting... not sweating profusely... But the fact that she said she did nothing wrong and she had no drugs was reason enough... WTF?

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 6:07 AM
[Reply to this
Kyle

 
Not acting nervous or fidgety?  before i even introduced myself she launched into a tirade at me.

 
Posted by Kyle on November 4, 2009 - Wednesday - 7:54 PM
[Reply to this
Courtney Fantastic

 
whenever a cop pulls me over, which has been several times (for speeding), i never go into a tirade. you never get fussy, you never get rude, it just makes it more likely that you're going to get a citation.

i did get my car searched one time. it was after prom and i was in a car that had indiana plates in a IL/MO border. the cops thought that it was suspicious that the vehicle was from somewhere so far away and thought that the car might be participating in drug trafficking. i let them search the car and nothing was found. they apologized and let me on their way. they even let me stay in my car because it was raining and was cold and i didn't have a jacket.

cops will work with you as long as you're polite to them. and i'm not sure that pulling the race card ever works in anyone's favor. i know i've never done it. and i don't think i ever would.

 
Posted by Courtney Fantastic on November 4, 2009 - Wednesday - 9:08 PM
[Reply to this
Kyle

 
honesty and politeness go a long towards keeping you out of a set of bracelets...

but some women like that, we call them badge bunnies.

 
Posted by Kyle on November 8, 2009 - Sunday - 2:04 AM
[Reply to this
Adeline

 
Come now Tcooo, regarding the title of this blog, "Being Black is a Probable Cause for a Search." The vehicle had tinted windows so he couldn't even see her. That was her reasoning and not Kyle's. And she pretty much told on her self regarding her going off on a cop and drugs end up being found. Am with Aaron's logic on this one. Not wise to go off on a cop before he even speaks to you. Why would one even tell an officer I have no drugs? Why even go off at the mouth with accusations before being spoken to??? If I were a cop that would give me a reason to search. Just saying...
 
Posted by Adeline on November 4, 2009 - Wednesday - 7:51 PM
[Reply to this
Big Tommy >RSS CC<
Chief Captain

 
Probable cause? As defined by law enforcement, sure. Streets? Not at all!


The fact is, she was driving with a suspended license. Even if she was cool, and cooperated, they were going to impound the truck, and they would have found the drugs anyway. Why the hell was she speedin? You don't draw attention to yourself when you ridin dirty, so all this stuff goes out the window when dealing with stupid dumb ass muh fuckas!

 
Posted by Big Tommy >RSS CC< on November 4, 2009 - Wednesday - 6:14 AM
[Reply to this
WerO : RATCatcher

 
real. anybody knows dont do or say shit. cant help people that are too stupid to keep their shit under wraps

 
Posted by WerO : RATCatcher on November 16, 2009 - Monday - 6:35 PM
[Reply to this
Glenn
Glenn wilson

 
   I've learned long ago to never open my mouth to a police officer unless he asks first, and only then to impart what is absolutely necessary. When the woman first began to imply that kyle was racist, she left herself open for further investigation. It is better to remain silent because the police can and will use anything you say against yourself in a court of law. Some of these people do deserve to be in jail, but sometimes it is hard to judge between the guily and the innocent.
 
Posted by Glenn on November 4, 2009 - Wednesday - 6:33 AM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
Well, am not denying she was stupid.  She had crack for crying out loud, did not even know that existed.  Still, Kyle did state any fact that gave him probable cause or reasonable suspicion to call in a K-9 unit.  In fact, if she gets a good attorney, that case could be thrown out. 

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 6:19 AM
[Reply to this
WerO : RATCatcher

 
homie the way the rules are nowadays, the cop followed his rules. her rules as big tommy said were 1. if youre dirty you dont speed like a motherfucker. 2. if youre dirty n get pulled over you dont act nervous. gettin pulled over for speeding and you start yellin you dont have drugs and cussin and shit is actin nervous.  the cop followed his rules, she fucked up her rules. people really need to be defended against police brutality and shit like that TC but a dumbass dope fiend that cant use common sense to keep her shit out of the street, i just think you oughta spend your energy on better cases than this bro.

 
Posted by WerO : RATCatcher on November 16, 2009 - Monday - 6:38 PM
[Reply to this
Big Tommy >RSS CC<
Chief Captain

 
Best case scenario, she'll get a suspended license, and probation, and they'll throw out the drug charges. It don't get any better than that for her! lol

 
Posted by Big Tommy >RSS CC< on November 4, 2009 - Wednesday - 7:11 AM
[Reply to this
~Phenomenal Woman~

 
She might have been dirty but law enforcement are dirty 24/7.  10% of them may be honest but the remaining is dirty to the core, smelling like Amy Winehouse on a sober night.

 
Posted by ~Phenomenal Woman~ on November 4, 2009 - Wednesday - 6:58 AM
[Reply to this
Big Tommy >RSS CC<
Chief Captain

 
It depends on the location. Big city cops are too busy, and small town cops have nothing better to do.


They do use underhanded tactics at times, but prosecutors are the scumbags. Cops and detectives are just pawns in my opinion!

 
Posted by Big Tommy >RSS CC< on November 4, 2009 - Wednesday - 7:13 AM
[Reply to this
Kyle

 
I did not go into the entire story.

In NC, a K-9 can be called for a vehicle walk around with just reasonable suspicion.  The fact that she had broken several laws and had a spontaneous utterance was enough for Reasonable suspicion.

When the dog arrived and walked around the car (not even in the car) he alerted that there were drugs in the vehicle.  When a dog alerts that there are drugs in the vehicle, that is probable cause to have the dog search the vehicle.  See STATE OF NORTH CAROLINA v. FELIX FISHER No. COA99-1222 that the occupant had no reasonable claim to privacy on the interstate for the canine to walk around the vehicle.

Once the K9 hit, a warrant-less search was allowed as canine hits are valid for probable cause.

Know your case law before you go spouting off at the mouth.
 
Posted by Kyle on November 4, 2009 - Wednesday - 7:47 PM
[Reply to this
Big Tommy >RSS CC<
Chief Captain

 
Officer Kyle, I live here in Cleveland, and these women who are turning up dead in these murder and rapes are drug abusers much like the lady you pulled over. Some of the victims actually were able to get away and file reports, but the Cleveland Police didn't give a shit because:

"They are just crackheads, they big girls, they'll be back in a few days" C'mon Kyle, no one gave a shit. Yet you guys are quick to get drug busts so you can get promotions as that part of the job is more rewarding. I don't have a problem with law enforcement, but the system is fucked up whether you admit it or not.


I never said you didn't have probable cause, of course you did. The woman had a suspended license on top of probably looking and acting suspicious blackness not withstanding..... but many of your colleauges are scumbags, period dot dash.

 
Posted by Big Tommy >RSS CC< on November 5, 2009 - Thursday - 2:41 AM
[Reply to this
jim

 
Dam, are you just reaching for stuff now?  Simply by driving without a license she was committing a crime.  Life isn't a "who done it novel".  Just because you haven't figured this one out.  It's a S.O.P.  A police officer only needs probable cause to conduct an internal search.  Having a dog sniff around the car is perfectly legal.  But if you don't believe me, google it.

 
Posted by jim on November 4, 2009 - Wednesday - 7:11 AM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
Jim you are blabbering... Tell me what was it that gave Kyle probable cause?  I gave you the legal definition for probably cause.  If I told you that I have no weed, does that give you probable cause to search me for weed?

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 1:46 PM
[Reply to this
jim

 
TC, probable cause is a legal definition.  She was speeding, so he didn't need probable cause to pull her over.  You need probable cause to initiate a traffic stop or a legal search and seizure.  The area around her vehicle, but not in her vehicle is public access/property.  So a police person can detain you, and have a dog walk around the outside of the vehicle.  If the dog "hits" on the vehicle you now have probable cause.  As an MP I and others conducted similar stops at 3 military bases for several years.  The key here is the distinction between the area around the vehicle and the area inside the vehicle.  Make sense now?

 
Posted by jim on November 4, 2009 - Wednesday - 4:24 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
You need probable cause to bring in the dogs.  So no, what you say still does not make sense.

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 5:03 PM
[Reply to this
jim

 
You need probable cause to conduct a legal search.  Calling in a K9 unit to conduct a "walk around" is just like calling in a back up patrol officer.  I know your definition is not so.  But the courts have ruled on this many years ago.  When you go across the border between Mexico and America you drive/creep by K9 units.  As long as the dog doesn't smell anything your okay.  A dog smelling drugs is just like a patrol officer seeing drugs on the dash of the car from the outside....probable cause.

 
Posted by jim on November 4, 2009 - Wednesday - 5:22 PM
[Reply to this
Kyle

 
I did not go into the entire story.

In NC, a K-9 can be called for a vehicle walk around with just reasonable suspicion.  The fact that she had broken several laws and had a spontaneous utterance was enough for Reasonable suspicion.

When the dog arrived and walked around the car (not even in the car) he alerted that there were drugs in the vehicle.  When a dog alerts that there are drugs in the vehicle, that is probable cause to have the dog search the vehicle.  See STATE OF NORTH CAROLINA v. FELIX FISHER No. COA99-1222 that the occupant had no reasonable claim to privacy on the interstate for the canine to walk around the vehicle.

Once the K9 hit, a warrant-less search was allowed.



 
Posted by Kyle on November 4, 2009 - Wednesday - 7:48 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
Hey you copy and paste the same response to me, Tommy and Jim.  Except for Jim you remove the part about "...before you spout off at the mouth".  Does white Jim have more right to spout off at the mouth than a Black Tommy and a Black me?

Hmmm.. maybe that girl was right... you are a racist white boy 

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 9:01 PM
[Reply to this
Kyle

 
Jim was not spouting off at the mouth andd knew the laws, that is why i removed it.

 
Posted by Kyle on November 5, 2009 - Thursday - 2:39 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
Oh, we all made comments and state our opinions, but the two black men opinions is nothing but "spouting off at the mouth".

You Mr. Officer is a fucking bigot and does not deserve to be walking/driving around with a badge and a gun.

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 5, 2009 - Thursday - 2:44 PM
[Reply to this
Kyle

 
The difference has nothing to do with color.  The difference had to do with facts.  They were correct according to the law, you were not.

same as the woman i pulled over, it had nothing to do with the color of her skin, it only had to do with the fact that she broke the law.

 
Posted by Kyle on November 5, 2009 - Thursday - 7:22 PM
jim

 
Would this be the one up game?

 
Posted by jim on November 5, 2009 - Thursday - 2:31 AM
[Reply to this
Aaron

 
So the first thing out of this woman's mouth is, "I aint got no drugs" and you don't consider that probable cause.  That's like me coming home at 2 in the morning and the first thing out of my mouth to my wife is "I wasn't drinking."  Meanwhile, what idiot drives by a cop at 80mph?  I'd say that's probable cause to believe that she's either very stupid, which isn't a crime, or under the influence of some mind-altering substance behind the wheel, which is.

In the meantime, this crackhead is presumably no longer on the streets.  Is that such a bad thing?  Do you really want this woman running around in your community?  You complain about black on black crime then bitch and moan every time the cops arrest a black person.  Make up your mind!
 
Posted by Aaron on November 4, 2009 - Wednesday - 11:02 AM
[Reply to this
Aaron

 
This is off topic, but I'd like to bring it up anyways.  TC, you wrote a blog a while back about how ignorant and racist is was to think that if black people went to Africa that they might find America more palatable.  But as the news story below notes, about 700 million people worldwide would like to move to another country permanently.  The bulk of them are from sub-Saharan Africa.  Oh, and the number 1 desired destination is the U.S. followed by Britain, France and Canda.  Given how horribly racist all Europeans are, at least in your mind, why is it that people who live in Africa would want to come here so badly?

http://news.yahoo.com/s/afp/20091103/lf_afp/migrationusafricaasiaeurope_20091103190030
 
Posted by Aaron on November 4, 2009 - Wednesday - 11:51 AM
[Reply to this
Kilian

 
Multiple Choice quiz time.  Use logic to solve the following problem.

A person in a vehicle with dark tinted windows traveling 85 miles per hour in a posted 60 mile per hour work zone is pulled over by law enforcement.  The driver of the vehicle then states to the officer "Why you pulling me over?  I ain't did nothing wrong.  It's 'cause I'm black, ain't it white boy?  That's profiling.  Racist cop, I ain't got no drugs."  The driver of the vehicle was speeding and endangering the lives of the driver's passengers and the lives of the driver's fellow motorists because:

A)  The driver was en route to a hospital in need of emergency care.

B)  The driver was late for an appointment or late for work.

C)  The driver was a sociopath and has no regard for human life.

D)  The driver was a thrill seeker just waiting to be pulled over.

E)  The driver of the vehicle was not thinking right because the driver had taken a mood altering substance.

Sorry folks, I gotta pick E.  If I were in Kyle's shoes I would pick e because I believe myself to be a reasonable person and someone speeding in a work zone who passes a cop and then claims to have no drugs in the vehicle before the cop has even announced why he pulled the suspect over has got to be out of their mind.

 
Posted by Kilian on November 4, 2009 - Wednesday - 1:32 PM
[Reply to this
♥Brenna♥
Brenna Nance

 
Probable Cause...

"a prudent person's belief that the wanted individual had committed a crime"

Reason:  Admission of guilt, her license was suspended.

"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?"



Although she retorted before asked, The fact is she immediately yelled at Kyle and she was hostile.  This is a hard one to answer because, we viewed other areas of drug/intoxicating behavior, such has nervousness or smelling the drugs. 

  I doubt that her case would be thrown out because, she was speeding in a work zone (double in fines), suspended license, and after the legal search of her vehicle, possession of two, not one, controlled substance.  And I also doubt the "racial profiling", because her windows were tinted and she was driving 85 M.P.H., Kyle did not pull her over because she was black, he pulled her over because she was speeding.

 
Posted by ♥Brenna♥ on November 4, 2009 - Wednesday - 2:09 PM
[Reply to this
Kyle

 
I did not go into the entire story.

In NC, a K-9 can be called for a vehicle walk around with just reasonable suspicion.  The fact that she had broken several laws and had a spontaneous utterance was enough for Reasonable suspicion.

When the dog arrived and walked around the car (not even in the car) he alerted that there were drugs in the vehicle.  When a dog alerts that there are drugs in the vehicle, that is probable cause to have the dog search the vehicle.  See STATE OF NORTH CAROLINA v. FELIX FISHER No. COA99-1222 that the occupant had no reasonable claim to privacy on the interstate for the canine to walk around the vehicle.

Once the K9 hit, a warrant-less search was allowed.



 
Posted by Kyle on November 4, 2009 - Wednesday - 7:49 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
I agree that he pulled her over because she was speeding.  Calling the K-9 unit however...  A don't boy, a don't know.

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 4, 2009 - Wednesday - 2:25 PM
[Reply to this
Jewels

 
TCOOO, this is BULL SHIT and so is this fucking blog!  I honestly don't believe you wrote this shit.

Kyle, continue to do your job and be wise as a cop and catch stupid ass law breakers as this dumb ass shit for brains.
Her ass needs to be locked up and I don't care what color they are - STUPIDITY and IGNORANTCY is NOT prejudice and that moron got an overdose of both.

OOOOOH, I am pissed at YOU! 



 
Posted by Jewels on November 5, 2009 - Thursday - 12:12 AM
[Reply to this
Kyle

 
Thanks for the support.

 
Posted by Kyle on November 5, 2009 - Thursday - 7:23 PM
[Reply to this
TCOOO: 18 Karat Reggae [Now on ITunes]

 
I love your dimples when you smile but you are even more beautiful when you are mad.  Oooooh, I wish I could get my hands on you.

 
Posted by TCOOO: 18 Karat Reggae [Now on ITunes] on November 5, 2009 - Thursday - 2:57 AM
[Reply to this
Jewels

 



 
Posted by Jewels on November 6, 2009 - Friday - 12:07 AM
[Reply to this
Aaron

 
Be careful, you're coming dangerously close to making sense, that's taboo on this blog.  Also, I believe you said that you were Native American, so keep up talking like that and next thing you know you'll have TC telling you how blacks were treated SOOOOO much worse.
 
Posted by Aaron on November 4, 2009 - Wednesday - 2:21 PM
[Reply to this
♥Brenna♥
Brenna Nance

 
Yes, I am Native Amercian; enrolled member of the Wichita and Affiliated Tribes (Tawakoni, Keechi, and Waco), including a descendant of the Kiowa Nation.

I know Federal Court, Tribal Court, CFR, and State Court as well.  So yes, I will keep talking about being a Native American, Native American History, culture, language, and heritage.

NATIVE PRIDE  BAY-BAY!!!!

 
Posted by ♥Brenna♥ on November 4, 2009 - Wednesday - 7:24 PM
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