Long rough weekend

NYBladeZ

It's your typical Law Professor Hypo, I had to do all the legal research myself. The circumstances had it where a guy got on a train, a k-9 team using their random selection formula comes on. Their primary purpose is to search for explosives or dangerous weapons. They were supposed to adhere to an "every 10th person formula" but the facts made it seemt hat when the dog approached the appellant and barked he was then "selected." He opened his backpack there was nothing of interest and but his wallet was what had the dog intention. Now here is the central issue. A suspicionless search must be limited to containers that are reasonably able to contain explosives or dangerous weapons, would a normal sized wallet fall in that category. The "Team" asked him to open the wallet and he had some marijuana and was arrested. He sought to suppress the evidence Under Criminal Procedure Law Rule 12(b). I had the State side, one of my many points was a reference to the Christmas bomb attempt, you could hide 20gram or less in a wallet. We're doing oral arguments next so lets see how my argument holds up.

Tyson, I don't appreciate my post being called "gay." Not to be racist since I'm a minority myself but next time you are searched for no reason other than the "protecting the public interest" keep in mind that my classmates and I learning how to produce arguements protects your rights. Maybe I'm not carrying an M-16 but I'm trying to make sure people are given fair representation in court.

Thanks Papo for speaking on the behalf of us hard at work college/post college guys but I don't mean to cause any tension. To each their own, I can understand how reading my post after worrying about your friends overseas could draw such a response. Tyson, I hope your friends come home safe bro.

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Tyrell Tyson

Hey,

I see now we pretty much have a misunderstanding, i do not think your posts are gay at all, in fact the information above relating to the hypothetical case i find quite interesting.

My first response was heightened because of the contact wth my friends prior to reading it so i did jump on you for whinging but you were venting as we all do and its perfectly normal. So i apologize if i have upset you NYBladeZ

PapoZalsa you misunderstand my minority comment, i was saying that a mentality of kicking people out that do not agree with you is a smaller percentage than those willing to listen and discuss things back and forth.

Honestly i did not come in to stir the pot and make an arguement, i appreciate you saying that in no way you meant to offend me. I too do not want to offend you and my whole point of posting was just so we can focus on the good things and be happy and appreciate them while others make great sacrifices for us to be "free" So i apologise to you too PapoZalsa if i offended you

Truly i think that all the soldier are our brothers and sisters and they are doing what they do to protect us. Also i like how you mention NYBladeZ that you will be doing your part by protecting each citizens right against unfair searches etc as i have been stopped while driving my fathers car 5 times by police in the space of a few months, each time was "a random breath test" which took 20 minutes.

Thanks for wishing my friends well over there, its good to hear people have not forgotten them because the war has been going for around 8 years now, such a long time

I wish you luck in your studies and keep fighting the good fight!

SmoothZ

Interesting. Can you argue that it is now bumped up to reasonable suspicion? I find it hard to believe that a k9 unit can be that selective with every 10th person. That's asinine. They should just do a sweep or blitz and target whatever the dog alerts to. That alert in itself is an articulable fact that should allow the officers to act on it.

Also, if the dog can alert to residue of explosive compounds, then they could possible argue that the suspect was tainted or contaminated with said residue which needed to be investigated further. Like you stated, small amounts can be stored anywhere on the person and mixed at a later time. Who says that he wasn't going to meet another conspirator to combine those compounds?

I'm probably preaching to the choir. Please keep us in the loop. I'd like to read the other arguments from your opposition.

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