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Originally Posted by Cannon Shell
I didnt say that they make the decisions as opposed to judges. I just think narrowing the operational ability for arresting probable criminals is a bad way to go. They still have to be right and produce evidence. In this case they were right and the reason that the criminal was let off was because the court failed to see how they came to the conclusion a drug deal was taking place because they just saw something being passed as opposed to seeing "drugs" being passd and the fact that the criminals didnt run. So my contention is that if upheld couldnt drug dealers simply wrap the drugs in nice little bags and stand still when the police arrest them? No one wants to see civil rights eroded but by keep making the polices job 'technically' harder, you are moving the bar to favor those who break the law. If the police are not trusted to make these decisions as to who is engaging in criminal behavior than who is?
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You make a good point. As shadow roll said, if a guy is standing there passing out these nice little bags, it is more than just one occurence. That would make it probable cause.
One isolated transaction? In my opinion, it could have been anything.