Bye Bye Delica. Thanks Mr. Police Man

[tortoise]

That's everyone gets out of the vehicle. No justification is required, it's established and the courts simply will not ask for one.

Whether it leads to a "search" is another matter entirely. An officer would be expected to be able to justify a decision to search (not to the subject on the side of the road, by the way) if he were to perform one.

A simple pat-down would also need a reason, albeit a nearly negligible one.

An officer is also permitted (again, ruled on specifically) to "hold" any item potentially hazardous to him during a stop (like a knife or a legally possessed firearm) but of course, it is to be returned at the conclusion of the encounter. Additionally, simply because an officer is permitted to do so does not mean he must or will. That decision is intended to be made based on totality of circumstances.

Finally, I definitely can't speak about second hand accounts of anything. It should be noted however that a settlement, in any case involving anyone, police, doctor, or steamship captain, often has no relation to who was right or wrong. The legal system doesn't concern itself with those concepts and expedience is a far more common goal. If it costs fifty thousand to prove you're right, but twenty five thousand to make it go away, it goes away and the lawyers saved you twenty five thousand.

[pjrocco]

I received a call today for the lovely Police Dept.

I was informed that after looking into my paperwork and so forth...They do not have my Delica.. Also the police officer does not have it either.. According to him..

So my "case" is closed... and I'm out a Delica..

It would not be a big deal since I do have another Delica.. but it was my first :spyder: I ever bought.. Very upsetting. :mad:

Guess it proves when you fight the system you will most likely lose...

[David Lowry]

That sucks man.

Well.....if that ever happens to me.....know that your thread has taught me a lesson. I will simply tell him to write me a ticket and I want written proof he took my knife.

Again, sorry about your Delica. The Delica is a great knife. :)

[Jonny8642]

The subject is that this Spyderco Forum Brother of ours has been very unjustly fleeced by a man who is by all rights supposed to be preventing this very thing from happening to him. OK, OK we can talk about Benchmade versus Spyderco on another thread. But this is a very important subject about this brother getting his knife stolen from a cop no less. I personally want to hear more on this subject and I want to see if we all can do something to help him get his knife back. This can not be tolerated. JD :spyder: O

Hey JD Spydo
i understand why you're mad about this subject, Believe me i am too, but no matter what you do to try making what happened wrong become right. It doesn't matter because the officer most likely didn't turn the knife in for evidence and he kept it for himself. All the argueing in the world will simpley break down to his word against pjrocco's word. In other words we'll stand behind you, but you're gonna die fighting a losing fight.

[skcusloa]

Letting it go is not an option. I'm sorry if I missed anything, I read to page 3 but couldn't read any more without posting. File a report. Get his name. LET HIM KNOW YOU DID THIS. He abused his power and he should be fired for it.

The first thing I do from now on when I get pulled over is get the officers name and badge number. This lets them know that they better watch what they do. Cooperate only as much as you have to.

If everyone would just stand up to cops they would act a whole lot differently. Just think if every person that ever got pulled over caused them as much legal (as in not going to jail) trouble as possible. Things like not letting them search and not answering questions keep them in check. Sure it's going to cause some problems for you, but if everyone did it, they wouldn't get away with as much crap as they do. They'd hate pulling people over if they had to spend an hour on everyone.

I really don't think the police should have any business doing anything unless they were called to do it by a citizen.

[ghostrider]

Letting it go is not an option. I'm sorry if I missed anything, I read to page 3 but couldn't read any more without posting. File a report. Get his name. LET HIM KNOW YOU DID THIS. He abused his power and he should be fired for it.

The first thing I do from now on when I get pulled over is get the officers name and badge number. This lets them know that they better watch what they do. Cooperate only as much as you have to.

If everyone would just stand up to cops they would act a whole lot differently. Just think if every person that ever got pulled over caused them as much legal (as in not going to jail) trouble as possible. Things like not letting them search and not answering questions keep them in check. Sure it's going to cause some problems for you, but if everyone did it, they wouldn't get away with as much crap as they do. They'd hate pulling people over if they had to spend an hour on everyone.

I really don't think the police should have any business doing anything unless they were called to do it by a citizen.

I agree. This kind of stuff happens because "it just isn't worth standing up for our rights." Evil is what happens when good people do nothing. The line about, "Why not let the cop search your vehicle if your have nothing to hide?" only further erodes liberties. This happens because we don't want to sacrafice what is necessary to preserve those liberties.

Some months ago, a man was fined because]fight [/B]for our rights, we will loose them.

JD :spyder: was ready to fight for our fellow forumite, but he is only one person, and can't really do anything in the other man's name without consent. That is a personal decision that that forumite has to not only make, but live with.

BTW: Another thing you do when an LEO pulls you over is start timing him as soon as you see flashing lights.

Also: Next time you buy a "confiscated" (read stolen) knife, realize that you are perpetuating these sort of problems.

[224477]

Sorry to hear that Rock, try not to get down and fight. File a report, try to make the **** for that bad cop outta his work.. But stay low profile, better.

[dialex]

Dreamland America. :o At least here, in Romania, the negotiations start simply with "c'mon boss, let me go home, I have bribe to give".