Well, there go my weekend plans...

Law Blog by Bob Loblaw?

AirForceVet: I'm still confused here. Was the search legal but the taking of the evidence illegal?

I think the court was trying to discourage cops from using knives so close to the family jewels.

/Weird case anyway you shake it.

Pretty much. Make the suspect take it off and charge him with a obstructing charge if he doesn't. Problem solved without any chance of violating the law.

"Based on the location of the contraband . . . there was simply no delicate way to seize it."

Dutch Rudder would be the solution?

"there was simply no delicate way to seize it."
except, perhaps, delicately.

thatboyoverthere: AirForceVet: I'm still confused here. Was the search legal but the taking of the evidence illegal?

I think the court was trying to discourage cops from using knives so close to the family jewels.

/Weird case anyway you shake it.

Pretty much. Make the suspect take it off and charge him with a obstructing charge if he doesn't. Problem solved without any chance of violating the law.

Kinda hard to do when the perp is in cuffs.

I now know where to keep my stash. Thanks, The U.S. Court of Appeals for the Fourth Circuit!

ZAZ: They suggested alternatives to cutting the baggie with a knife - including untying, removing, or tearing it, or using blunt scissors to do the job.

Police departments could hire a stereotypical flaming gay man. His job is to tell male suspects he'll be the one enjoying the genital search unless the suspect produces the evidence.

Jim Dangle's been looking for a job since 2009:

No, but I think an arrow to the knee is still okay.

I fist muslims.

Cops, the TSA, Storage Wars and Drew Curtis: Always looking for a way to touch another man's junk.

Oh great...now I'm going to have to do a pre-purchase check of my crack for man juice.

Yea, so send the guy to the hospital and a licensed nurse or doctor can cut it off his dick.

/O but cop loses out on part of his night of generating revenue and crime suppression numbers for the department, so perp gets the shock treatment.
//Still better than a taser to the nuts to assist in full release of the stuff.

And the ruling had a dissenter. This is similar to the police cutting off piercings when they can be simply unscrewed. The bad karma cops create by "following orders" will not be avoided. When you are an unreasonable dick who is cruel to people, you will pay for it eventually.

It eludes me how this ruling can possibly square with the courts' routine and consistent rulings that sanction and standardize as normal day-to-day police procedure the now-commonplace no-knock military assaults of family homes (including free-fire application of automatic weapons and armored vehicles, gratuitous brutalization of barely-clothed and bound victims by overwhelming numbers of armored and heavily-armed storm-coppers, gratuitous punitive extrajudicial use of chemical agents and electrical devices, summary execution of family pets and family members, uncompensated theft and destruction of property, and patent immunity from even the slightest criminal, civil, or professional sanction whatsoever for even the most blatant and clearly felonious savagery by LEOs even when they are unmistakably and irrefutably recorded on video and audio) based solely on the utterly unaccountable individual judgement (frequently predicated on the word of anonymous criminal informants seeking plea deals) of eager, low-level LEOs working in the civil-forfeiture-based prize-warfare model of the American "War on Drugs".

I assume this will be overruled by a higher court.

Meh..should have left him handcuffed and taken it off during the strip search at jail. Use scissors...hey if you don't want that problem..don't tape drugs to your dick.

Stop me again and I'll cut your jacobs off!

Gyrfalcon: Get Lost: Yea, so send the guy to the hospital and a licensed nurse or doctor can cut it off his dick.

/O but cop loses out on part of his night of generating revenue and crime suppression numbers for the department, so perp gets the shock treatment.
//Still better than a taser to the nuts to assist in full release of the stuff.
.
Cop hate is fine, but get your facts straight.

What cop hate???? The system is being 'manipulated to avoid' having the cops to run the perp all the way from arrest, to processing, to a couple of days in jail, to a court appearance, to get bail for release. But you OBVIOUSLY must know no one who gets busted and then a quick ticket and release with a promise to appear before the judge in a couple of days for the crime.

/Law enforcement cost cutting 101.
//Or should I say, 'sorry mr. police man(Gyrfalcon). I won't dispute bull shiat law enforcement tactics next time'.
///Meanwhile how many cops have murdered and hospitalized people this year, without the cop going to prison for his crime, due to politicians making sure that the police don't have to abide by our laws?
//Too damn many.....

the_chief: I fist muslims.

Thanks for sharing.... wrong thread ? or just fishing ?

Slartibartfaster: the_chief: I fist muslims.

Thanks for sharing.... wrong thread ? or just fishing ?

Just fishing.

the_chief: Slartibartfaster: the_chief: I fist muslims.

Thanks for sharing.... wrong thread ? or just fishing ?

Just fishing.

wot no atheist love ? I brought gloves and everything

Well there goes my weekend plans.

Vote Gingrich '12 so we can throw this activist judge in the hole.

Handcuff him, take him back to the station, and have the evidence removed by a professional in a controlled setting. Would've made their case ironclad, wouldn't have involved a Fourth Amendment challenge, and would've ensured simple human friggin' courtesy.

Yes, he's a bad guy. No, that doesn't mean you get to endanger his life because you're eager for a drug bust.

Goddammit! It's not a bomb you farkers! Take him to jail and strip search him when he's there. FFS, what's the urgency?!

rev. dave: And the ruling had a dissenter. This is similar to the police cutting off piercings when they can be simply unscrewed. The bad karma cops create by "following orders" will not be avoided. When you are an unreasonable dick who is cruel to people, you will pay for it eventually.

They didn't cut anybody. His entire argument seems to be "I was carrying drugs tied to my balls, and they cut the drugs loose and arrested me. No fair".

They didn't cut him or hurt him in any way, based on the article. I find it hard to see how that is "cruel". It's not like they cut a body part off in order to get to the drugs. If they had actually hurt him, he would have an argument. But they didn't, and he's just complaining "OMG, they caught me with drugs".

Personally, I think all drugs should be legal. That includes stuff that I would never, ever consider doing myself. (ie, most drugs.) But as long as they are illegal, tying them to your balls and screaming "stay away from me" shouldn't give you indemnity.

They probably shouldn't do it in public. Take him to the station, tell him "You take that bag loose, or we do, your choice". But it shouldn't be a get out of jail free card if he refuses to cooperate.

I think we're all grateful for that, Subby.

FormlessOne: Handcuff him, take him back to the station, and have the evidence removed by a professional in a controlled setting. Would've made their case ironclad, wouldn't have involved a Fourth Amendment challenge, and would've ensured simple human friggin' courtesy.

Yes, he's a bad guy. No, that doesn't mean you get to endanger his life because you're eager for a drug bust.

No... this is much better. The guy goes free. Fark the War on (some) Drugs. He's not a bad guy any more than a liquor store clerk is a bad guy.

BuckTurgidson: It eludes me how this ruling can possibly square with the courts' routine and consistent rulings that sanction and standardize as normal day-to-day police procedure the now-commonplace no-knock military assaults of family homes (including free-fire application of automatic weapons and armored vehicles, gratuitous brutalization of barely-clothed and bound victims by overwhelming numbers of armored and heavily-armed storm-coppers, gratuitous punitive extrajudicial use of chemical agents and electrical devices, summary execution of family pets and family members, uncompensated theft and destruction of property, and patent immunity from even the slightest criminal, civil, or professional sanction whatsoever for even the most blatant and clearly felonious savagery by LEOs even when they are unmistakably and irrefutably recorded on video and audio) based solely on the utterly unaccountable individual judgement (frequently predicated on the word of anonymous criminal informants seeking plea deals) of eager, low-level LEOs working in the civil-forfeiture-based prize-warfare model of the American "War on Drugs".

I assume this will be overruled by a higher court.

Sorry about your junk but I doubt your getting your crack back. Stick to beer and weed like the good and subordinate white people do.

/don't tase me bro

FirstNationalBastard: Sure they can.

Just because some bleeding heart lieburul judge says otherwise doesn't mean they can't still whip out a knife and make sure you won't be shooting any criminal sperm into the belly of some crackho baby mama!

It is the most conservative circuit court in the country.