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Author Topic:   Jose Guerena
Taz
Member (Idle past 3313 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 61 of 116 (617336)
05-27-2011 4:05 PM
Reply to: Message 60 by Taq
05-27-2011 3:50 PM


Taq writes:
By arresting suspects at their homes you open up more avenues for search and seizure. You can always claim that you saw the suspect reach into a drawer which then allows you to search that drawer, something that might not be allowed if the search is conducted while the suspect is at work or not at the scene.
I've already considered this. However, this is completely unnecessary. They'd already got a court order to look for drugs in his home. Since drug bags come in all sizes and shapes, they'd pretty got the ok to search every inch of his house. The raid while he was inside was completely unnecessary.
Just as a general statement with respect to police, they see themselves as advocates of the prosecution. They will present the case that is most favorable for the DA. IOW, police are the gas and the defense is the brake. We can argue back and forth on whether this is the best way to do things, but the fact remains that this is the mindset of most police departments (as you seem to have experienced yourself).
The only possible advantage of having him around when they do their search is to be able to connect without a doubt him and the drugs. While I was a cop, it was always better catch them with the drugs and get them to admit it was theirs. On more than one occasion I had those dirtbags that denied the drug was theirs even though they were found with them. In fact, I just went back into court last month for a case that I thought was pretty cut and dried. Amazing what defense lawyers can do... It just made things more complicated. I'm thinking the sheriff wanted to make sure guerena was caught red handed with the drugs.
We are more interested in who can win in court.
This also something that has bothered me for years regarding the system. The truth seems to be a lot less important these days.

This message is a reply to:
 Message 60 by Taq, posted 05-27-2011 3:50 PM Taq has not replied

  
Dogmafood
Member (Idle past 370 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


Message 62 of 116 (617351)
05-27-2011 6:58 PM
Reply to: Message 59 by Taz
05-27-2011 3:37 PM


The truth isn't as simple as black and white.
I agree. The absolute truth is relative just like most everything else. Perceived truth even more so. So we can both witness the same event and give conflicting accounts both of us believing that we are telling the truth. This is not the same as deliberately using the facts to misrepresent the truth for your own benefit. Lawyers do this all the time. In fact almost everybody does this. I guess we expect more of our armed and dangerous public servants who have sworn to conduct themselves with honour and integrity.
Taz writes:
Taq writes:
We are more interested in who can win in court.
This also something that has bothered me for years regarding the system. The truth seems to be a lot less important these days.
That is the truth that I am talking about. Wouldn’t you love to hear the person/people who gave these orders step up and say they fucked up. Wouldn’t that be the honest thing to do? Once again it all comes down to the integrity of the individual people. Nary a one of em with the spine to admit their mistake. If there is a hint of justice it might be dragged out of them after spending an obscene amount of public money. Meanwhile there is a fatherless child who grows up hating every cop he sees. For what? To keep us all safe from our desires to get high? If the drugs were not illegal hardly nobody would pay them any mind and they sure wouldn’t be financing half the crime in the country. It is a positive feed back loop. Madness.
Kudos to you, someone who has seen it first hand, for bringing it up.

This message is a reply to:
 Message 59 by Taz, posted 05-27-2011 3:37 PM Taz has replied

Replies to this message:
 Message 63 by Taz, posted 05-27-2011 7:29 PM Dogmafood has not replied

  
Taz
Member (Idle past 3313 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 63 of 116 (617355)
05-27-2011 7:29 PM
Reply to: Message 62 by Dogmafood
05-27-2011 6:58 PM


Dogma writes:
Kudos to you, someone who has seen it first hand, for bringing it up.
Don't put me on a pedestal yet. I firmly believe that we should rid ourselves of the prison system and just put all convicted criminals on an island and let them live happily ever after on their own island nation.

This message is a reply to:
 Message 62 by Dogmafood, posted 05-27-2011 6:58 PM Dogmafood has not replied

Replies to this message:
 Message 65 by fearandloathing, posted 05-27-2011 7:53 PM Taz has replied
 Message 66 by Buzsaw, posted 05-27-2011 7:57 PM Taz has not replied

  
Buzsaw
Inactive Member


(1)
Message 64 of 116 (617357)
05-27-2011 7:47 PM
Reply to: Message 1 by Taz
05-23-2011 6:00 PM


Where The Justice Buck Stops
Taz writes:
Now, I'm not putting law enforcement officers down. What I'm saying is that my couple of years in law enforcement has made me distrust police reports on a level that most people can't imagine. Most of the time, the reports don't lie. Every part of the report may be true, but the overall report is constructed to paint a totally different picture than what actually occurred.
It would seem that the buck stops with the leadership of any given force. One county, state, city or town might have reputable top brass who see to it that justice is carried out thoroughout the force. Another might be corrupt. The judges in any given district likely have a bearing on how effective justice is served. Likely the officers have that in the back of their minds. The more just the judge is the less concerned officers might be about how to handle situations.

BUZSAW B 4 U 2 C Y BUZ SAW.
The Immeasurable Present Eternally Extends the Infinite Past And Infinitely Consumes The Eternal Future.

This message is a reply to:
 Message 1 by Taz, posted 05-23-2011 6:00 PM Taz has not replied

  
fearandloathing
Member (Idle past 4167 days)
Posts: 990
From: Burlington, NC, USA
Joined: 02-24-2011


Message 65 of 116 (617358)
05-27-2011 7:53 PM
Reply to: Message 63 by Taz
05-27-2011 7:29 PM


Really
Taz writes:
Dogma writes:
Kudos to you, someone who has seen it first hand, for bringing it up.
Don't put me on a pedestal yet. I firmly believe that we should rid ourselves of the prison system and just put all convicted criminals on an island and let them live happily ever after on their own island nation.
In your world, because of mistakes I made as a teen/ young adult, I would never have been able to become the man I am today. I am a small business owner who pays taxes and contributes positively to society, in your world I am a criminal forever, for misdemeanor possession of pot.

"I hate to advocate the use of drugs, alcohol, violence, or insanity to anyone, but they always worked for me." - Hunter S. Thompson
Ad astra per aspera
Nihil curo de ista tua stulta superstitione.

This message is a reply to:
 Message 63 by Taz, posted 05-27-2011 7:29 PM Taz has replied

Replies to this message:
 Message 67 by Taz, posted 05-27-2011 11:11 PM fearandloathing has replied

  
Buzsaw
Inactive Member


Message 66 of 116 (617359)
05-27-2011 7:57 PM
Reply to: Message 63 by Taz
05-27-2011 7:29 PM


Taz writes:
Dogma writes:
Kudos to you, someone who has seen it first hand, for bringing it up.
Don't put me on a pedestal yet. I firmly believe that we should rid ourselves of the prison system and just put all convicted criminals on an island and let them live happily ever after on their own island nation.
Something like that worked for the British in their Australian penal colonies back in the 18th century.

BUZSAW B 4 U 2 C Y BUZ SAW.
The Immeasurable Present Eternally Extends the Infinite Past And Infinitely Consumes The Eternal Future.

This message is a reply to:
 Message 63 by Taz, posted 05-27-2011 7:29 PM Taz has not replied

  
Taz
Member (Idle past 3313 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 67 of 116 (617363)
05-27-2011 11:11 PM
Reply to: Message 65 by fearandloathing
05-27-2011 7:53 PM


Re: Really
Well, gee, I've never broken any criminal law and I turned out all right. You'd be amazed to find just how easy it is to keep your records clean.

This message is a reply to:
 Message 65 by fearandloathing, posted 05-27-2011 7:53 PM fearandloathing has replied

Replies to this message:
 Message 68 by fearandloathing, posted 05-28-2011 12:28 AM Taz has replied
 Message 72 by crashfrog, posted 05-29-2011 5:04 PM Taz has replied

  
fearandloathing
Member (Idle past 4167 days)
Posts: 990
From: Burlington, NC, USA
Joined: 02-24-2011


Message 68 of 116 (617375)
05-28-2011 12:28 AM
Reply to: Message 67 by Taz
05-27-2011 11:11 PM


Re: Really
I know how, pay a lawyer to have them expunged as I did, not exactly fair though is it.

"I hate to advocate the use of drugs, alcohol, violence, or insanity to anyone, but they always worked for me." - Hunter S. Thompson
Ad astra per aspera
Nihil curo de ista tua stulta superstitione.

This message is a reply to:
 Message 67 by Taz, posted 05-27-2011 11:11 PM Taz has replied

Replies to this message:
 Message 69 by Taz, posted 05-28-2011 1:00 AM fearandloathing has replied

  
Taz
Member (Idle past 3313 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 69 of 116 (617377)
05-28-2011 1:00 AM
Reply to: Message 68 by fearandloathing
05-28-2011 12:28 AM


Re: Really
Something you gotta understand about me. I hate lawyers with a passion. And I hate people who take advantage of loopholes. I've lived my life as clean as I could. Heck, I don't even drive more than 10 over the speed limit on the interstate. I don't smoke. I drink responsibly. And most of the time, I'm the designated driver meaning I don't drink at all that night.
Like I said, it's not that hard to keep yourself clean. Just live a righteous and honest life. Those who can't shouldn't be breathing the same air I'm breathing.
Edit.
In fact, I am an advocate of human neuro research for us to identify sociopaths and psychopaths (even the functional ones) so we can tag them and bag them if we need to. And if you're narcissistic enough to think you're better than everyone else and don't need to follow our social and legal laws, then you shouldn't be breathing the same air I'm breathing.
Like I said, if you want to do drugs, rape, murder, etc. I say go for it on your own island. It's a simple concept. I'm actually advocating human rights here. Since murderers and rapists have rights, too, they can do whatever the hell they want on their own island. I don't understand why I have to pay my hard-earned money to feed, clothe, and shelter them. It doesn't make sense to me. It also doesn't make sense to me why we want to spend our limited resources on trying to reintroduce them into society. There are children starving all over the world for godssake. And we're spending billions to give murderers and rapists a second, third, forth, chance to rape and murder some more?
Vote me in as your god emperor and I'll take responsibility for this. Someone has to.
Edited by Taz, : No reason given.

This message is a reply to:
 Message 68 by fearandloathing, posted 05-28-2011 12:28 AM fearandloathing has replied

Replies to this message:
 Message 70 by fearandloathing, posted 05-28-2011 6:06 AM Taz has replied
 Message 73 by crashfrog, posted 05-29-2011 5:08 PM Taz has replied

  
fearandloathing
Member (Idle past 4167 days)
Posts: 990
From: Burlington, NC, USA
Joined: 02-24-2011


Message 70 of 116 (617381)
05-28-2011 6:06 AM
Reply to: Message 69 by Taz
05-28-2011 1:00 AM


I had responded with a personal attack on you, but I deleted it cause I dont want to be thought of as a narrow minded moron.
Thanks for sharing your thoughts, they speak volumes.
Edited by fearandloathing, : No reason given.

"I hate to advocate the use of drugs, alcohol, violence, or insanity to anyone, but they always worked for me." - Hunter S. Thompson
Ad astra per aspera
Nihil curo de ista tua stulta superstitione.

This message is a reply to:
 Message 69 by Taz, posted 05-28-2011 1:00 AM Taz has replied

Replies to this message:
 Message 71 by Taz, posted 05-28-2011 3:05 PM fearandloathing has seen this message but not replied

  
Taz
Member (Idle past 3313 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 71 of 116 (617400)
05-28-2011 3:05 PM
Reply to: Message 70 by fearandloathing
05-28-2011 6:06 AM


This just in, no drugs or money was found in Guerena's home
fearandloathing writes:
I had responded with a personal attack on you, but I deleted it cause I dont want to be thought of as a narrow minded moron.
Go ahead, I don't mind.
Conservatives have taught me a very important lesson. It is not ok to yell out personal insults. But it is perfectly acceptable to do worse things by voting to have that person's rights taken away.
All my life I've tried to be as righteous, honest, and empathetic as I can. The last thing I want is to hurt anyone unless they deserve it.
Republicans (tea baggers) talk on and on about starving the beast. Well, I think the first step we should focus on is literally starve the real beasts of our country. My tax dollars can be put better to use by not feeding and sheltering monsters. I don't understand why I have to work day and night to feed those who decided to not live by the rule of law. And yes, I do work day and night. Just a few nights ago, I didn't live my lab until 4 in the morning.
Anyway, THIS JUST IN, absolutely no drugs or cash was found in Guerena's home!
http://www.kgun9.com/...nts-answer-questions-about-swat-raid
Again, in this new press release, the sheriff again tried to paint a wrong picture of Guerena by stressing that he had guns and body armor in his home, none of which was illegal. Ever heard of poisoning the well?
It's like saying the following
Did glenn beck rape and murder a girl in 1990? I'm not saying he did, but it raises an interesting issue.
Edited by Taz, : No reason given.

This message is a reply to:
 Message 70 by fearandloathing, posted 05-28-2011 6:06 AM fearandloathing has seen this message but not replied

  
crashfrog
Member (Idle past 1489 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 72 of 116 (617530)
05-29-2011 5:04 PM
Reply to: Message 67 by Taz
05-27-2011 11:11 PM


Re: Really
Well, gee, I've never broken any criminal law
Oh, I wouldn't bet on it. Even without knowing any detail of your biography I can probably name half a dozen Federal laws you've violated without even knowing it, many of them tax or alcohol related. If I knew what states you've lived in I could find two dozen more. And none of that even gets into completely subjective "offenses" like "disturbing the peace" and so on.
Some of it you've gotten away with because police don't even know about all of the laws, some of it because no one was around when you did it, and some of it because of the deference granted to even a former police officer. But it's impossible to say that you've never broken a Federal law because no one - not even the Federal government! - has a complete and accurate picture of what conduct is actually illegal!
For instance, you've almost certainly violated the Federal Lacey Act (16 USC 3371) several times in your life, due to the broadness of the statute; it criminalizes essentially any activity related to fish, wildlife, or plants that is already illegal under the laws of any state, indian jurisdiction, or foreign power. That's right! The Lacey act makes it a violation of Federal law to do something with a fish, plant, or animal in the wild that is illegal in any other country, even if you're not in that country. In one case, four Americans were sentenced to 8 years each in Federal prison because they stored lobster tails in plastic bags instead of cardboard boxes, because that's outlawed by a Honduran regulation no longer enforced in Honduras. The infraction carried only a fine under Honduran law, but the Lacey act imports only foreign laws, not their associated punishments.
If you've ever gone fishing, if you've ever picked a wild blueberry, if you've ever cut your grass you've technically violated the Lacey Act.
So, no. You've broken probably hundreds of criminal laws without even knowing about it - the difference is, you just didn't get caught doing it. Almost all legitimate behavior has been rendered technically illegal, because it's in the interest of our police state to do so.

This message is a reply to:
 Message 67 by Taz, posted 05-27-2011 11:11 PM Taz has replied

Replies to this message:
 Message 74 by Taz, posted 05-29-2011 5:15 PM crashfrog has replied

  
crashfrog
Member (Idle past 1489 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 73 of 116 (617532)
05-29-2011 5:08 PM
Reply to: Message 69 by Taz
05-28-2011 1:00 AM


Re: Really
And I hate people who take advantage of loopholes. I've lived my life as clean as I could. Heck, I don't even drive more than 10 over the speed limit on the interstate.
Oh, so you actually do break the law. All the time. You're just taking advantage of the loophole where police have informal enforcement discretion not to pay attention to people who don't speed more than 10 mph over.
Like I said, it's not that hard to keep yourself clean.
Yeah. You just have to be somebody who enjoys the privilege of having his lawbreaking ignored - like a cop. Particularly like a white middle-class cop.
And if you're narcissistic enough to think you're better than everyone else and don't need to follow our social and legal laws
You mean like our laws about operating motor vehicles on public highways? Those laws?
And we're spending billions to give murderers and rapists a second, third, forth, chance to rape and murder some more?
Murder has the lowest rate of recidivism of any crime. Sexual assault has the second lowest. The people you should be concerned about are thieves - property theft of all kinds has the highest recidivism rate of all crimes.

This message is a reply to:
 Message 69 by Taz, posted 05-28-2011 1:00 AM Taz has replied

Replies to this message:
 Message 76 by Taz, posted 05-29-2011 5:21 PM crashfrog has replied

  
Taz
Member (Idle past 3313 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 74 of 116 (617534)
05-29-2011 5:15 PM
Reply to: Message 72 by crashfrog
05-29-2011 5:04 PM


Re: Really
Haha, ok. Correction, I've never been accused or convicted of violating any criminal law. And the last time I got a ticket for violation of a traffic law was more than 6 or 7 years ago.
I'm not looking for perfection here. But there's a clear difference between someone like myself who has tried to live life as righteous and law-abiding as I could and someone who preys on others and take advantage of loop holes. Surely, even someone as anti-establishment as yourself understands this difference.

This message is a reply to:
 Message 72 by crashfrog, posted 05-29-2011 5:04 PM crashfrog has replied

Replies to this message:
 Message 75 by crashfrog, posted 05-29-2011 5:18 PM Taz has not replied

  
crashfrog
Member (Idle past 1489 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


(1)
Message 75 of 116 (617536)
05-29-2011 5:18 PM
Reply to: Message 74 by Taz
05-29-2011 5:15 PM


Re: Really
I've never been accused or convicted of violating any criminal law.
Oh, ok. You're just a criminal that nobody has ever caught, then.
But there's a clear difference between someone like myself who has tried to live life as righteous and law-abiding as I could and someone who preys on others and take advantage of loop holes.
Really? You regularly violate state and federal laws governing the operation of motor vehicles on public highways, in the full knowledge that your specific violation is likely to go unpunished by your fellow officers.
How the hell is that not a "loophole"?

This message is a reply to:
 Message 74 by Taz, posted 05-29-2011 5:15 PM Taz has not replied

  
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