IN police shatter car window, extract passenger after alleged seatbelt violation

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  • rw496

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    It pains me to say this, but of the several pages of this thread Kirk seems to be the only one looking at this objectively and actually applying the law. ...I'll add Cathy who always seems to contribute positively to threads rather than the usual people ..blaah, blaah, JBT...blah blah..Richardson
     

    Rookie

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    It pains me to say this, but of the several pages of this thread Kirk seems to be the only one looking at this objectively and actually applying the law. ...I'll add Cathy who always seems to contribute positively to threads rather than the usual people ..blaah, blaah, JBT...blah blah..Richardson

    Really?
    Maybe you should check again.
     

    Ericpwp

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    It pains me to say this, but of the several pages of this thread Kirk seems to be the only one looking at this objectively and actually applying the law. ...I'll add Cathy who always seems to contribute positively to threads rather than the usual people ..blaah, blaah, JBT...blah blah..Richardson
    I don't know what thread you're reading, but Cathy was the only one to mention Richardson.
     

    CathyInBlue

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    I don't know what thread you're reading, but Cathy was the only one to mention Richardson.
    That blah blah confused me too. There are prolly better cases laying out the impermissibility of expanding a stop that initiated as a primarily seatbelt violation stop into other areas of law enforcement, prolly all cited from within Richardson, but Richardson is my touchstone case.
     

    Ericpwp

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    It pains me to say this, but of the several pages of this thread Kirk seems to be the only one looking at this objectively and actually applying the law. ...I'll add Cathy who always seems to contribute positively to threads rather than the usual people ..blaah, blaah, JBT...blah blah..Richardson

    By all means, feel free to objectively apply the law, and your interpretation of that law.
     

    rw496

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    I haven't read all the pages so I'll go back and read Rookie's posts, who is also usually, well more often than not, contributing productively. I don't mind opposing viewpoints, but have something intelligent and based in the law to say. In all the years Richardson has been popping up this might be one of the first times it was used in the proper context. These things, to me, seem pretty well established: police ask passenger for ID based on the driver being stopped for a minor traffic infraction, he DOES NOT have to provide it, but they are free to ask. Police tell passenger to exit the vehicle he DOES have to. Once he refuses he is under arrest and will be ID'd. Maybe smashing the window and tasing him in front of the kids is bad form, but some people you just can't reach. So, you get what we had here.
     

    HoughMade

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    I don't know if it will make any difference to anyone as far as evaluating this, but I wanted to read the Complaint in this case for myself, so I looked it up in the federal document filing system.

    While doing so, I noticed that the driver of the car, Lisa Mahone, was also listed as a defendent in a criminal case.....of course I looked at that file.

    As it turns out, all according to the probable cause affidavit executed by an FBI agent, in July 2011 an ISP officer pulled over Ms. Mahone on I-65 in Tippecanoe County. Joseph Ivy was also an owner of the car, but was not there at the time. I would guess that is a former boyfriend because there is a "Joseph Ivy" who is listed as a 14 year old minor in the civil lawsuit. However other people were in car including 3 young children. Long story short, when Ms. Mahone went to get her license out, the Trooper saw small baggies of what looks like drugs in the purse. Officer chompy was called out for a sniff and ultimately quite a bit of cocaine was found in the car. In fact, there was over a pound of cocaine found. Upon questioning Ms. Mahone admitted that she was transporting the cocaine from Chicago to Lexington, Ky for a person she called "Blue".

    According to other court filings, she was ultimately charged with possession with intent to distribute, and, in fact, plead guilty to that charge. She did federal time and, if my math is correct and there have not been alterations in the sentence, she is likely still on supervised release.

    Just a bit more info.
     
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    HoughMade

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    I ran Jamal Jones through MyCase, and not knowing his middle name, I have no idea whether he has any cases or not. Too Many "Jamal Jones" to know for sure.
     

    Kirk Freeman

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    It pains me to say this, but of the several pages of this thread Kirk seems to be the only one looking at this objectively and actually applying the law.

    What I do?:D I am guessing like everyone else.

    The people in the SUV were knuckleheads, but I don't know if that merits flying glass (especially around kids and I admit I am prejudiced here with my left eye surgery) and a taser.
     

    HoughMade

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    Don't know, but it would add a dimension if they knew the vehicle was owned by someone who was fairly recently convicted of running cocaine...with kids in the car.
     

    Dead Duck

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    What I do?:D I am guessing like everyone else.

    The people in the SUV were knuckleheads, but I don't know if that merits flying glass (especially around kids and I admit I am prejudiced here with my left eye surgery) and a taser.


    You got tasered in the eye??
     
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