This is very true, the state always has the burden of proof even if there is not a motion to suppress. I have personally been on the stand as an officer and understand from both sides why each side decides to try and get this motion. The three types of searches are spot on, an excellent point here! Even on traffic stops as an officer, we can just simply ask if we can search your car. Quite a few people have a hard time telling the difference between reasonable suspicion and probable cause. The "Terry" stop is really just patting the outside of the clothes for weapons, nothing more. Search incident to arrest, this always gives an officer the right to search a car or a person because 1. we want to make sure we are noting everything in our report, 2. it verifies we as an officer are not taking anything from the subject. One last thought, when you mention to keep the evidence, it is not the officer's responsibility to keep track of the evidence when he or she submits it to the lab or the evidence tech. Capps "- Ryan Krupp"
I enjoyed this video, I found it to be very helpful in explaining the process that takes place in regards to the three types of police encounters. I also often wondered why criminals are let go when the evidence shows they committed the crime. I sometimes don't agree with it, but with that said it holds law enforcement accountable for their actions, I guess you could say it keeps them in check. Thank you for the insight. Holly Brown
Thank you for your response. You've captured the point that there is no "seriousness of the crime" exception under the exclusionary rule. Our Constitution considers our rights to be free of unreasonable searches and seizures to be more important than anyone's individual actions, no matter how serious. When studying Miranda, you will see how that plays out from a 5th Amendment perspective. - Prof. Krupp
@@krupplawfirm8323 If an officer pulled over a suspect and was 15 feet away from his window and yelled he smells alcohol, asks him to get out if his car and immediately tells the suspect to raise his foot 6"off the ground and count to 10 and after completion officer yells at suspect 6" higher and he complied ,then officer asked to count from 100 back to 88 in reverse,suspect asks him what did he say,officer yells at him,did you go to school,I am not repeating myself suspect counts from 100 back to 88,officer tells suspect to take 9 steps heel to toe and 9 steps back heel to toe and suspect complies but on the turn suspect turns real fast without losing balance and officer says your under arrest for OWI,does the officer have to follow any specific rules or NHTSA manual recommendations and explain how he wants the test performed of can he yell and scream at the suspect and not properly explain the sobriety tests.?
Anything obtained without a legal warrant should be automatically inadmissible in a court of law. Nowhere in the fourth amendment text does consent or reasonable articulable suspicion exist anywhere, probable cause in the 4th amendment text is only to get a legal lawful warrant. The justice department (courts) have been operating illegally unconstitutionally for the past 100 years in violation of the constitution of the united states committing Perjury in violating oath of office.
The bail man said the police that arrested my nephew didn't have no probable for his arrest. Can he request motion to suppress evidence? My nephew have no criminal history.
So hard to sue cop for false arrest. Court dismissed for rights violations bud had to spend 2days jail cop walks away with no repercussions why is that?
the off it was intrapment icer stated he pulled me over for one thing but wrote entirly diffrent on citation, ask to search i refused then ran dog how is this legaal, i feel
How is it that in a state (R.I.)with Discovery it cost the ex governor $1.3 million to get it? How is it that evidence can be entered without Discovery, the defense told they may not show it to the jury and that exchange between defense and judge deleted from the transcript? If you feel I may have many more questions your suspicions are correct.
If initially pull over traffic stop no problable cause. Where consent to search wasn’t mentioned but notice officer during stop was trying to find something notice observing surroundings looking thru window inside where a item was discovered floor of vehicle just to under seat drug paraphernalia had no knowledge of it.. was only given a citation as nothing else was wasn’t aware of it can evidence be suppressed
Constitution trumps terry and officers safety. Law enforcement doesn't exist in the constitution of the united states of America supreme law of the land.
He got held in detox for 12 hours that's it.. I started checking all the drugs. He was hiding around the house at the officer saying here here's this, here's that. I found the gun and everything. What are you doing? Get an extra part just a piece of paper. He literally doesn't care and just isn't right in the head he's done more but it's just a waiting game now.
🙏🏻🙏🏻🙏🏻🌏✝️ Thank you 2016 Due process violation 4th 5th 6th 14th Amendment violation. A Writ of habeas corpus a violation of my constitution rights violated. 2019
this video is my life saver. i owe you one. peace and prosperity to you
This is very true, the state always has the burden of proof even if there is not a motion to suppress. I have personally been on the stand as an officer and understand from both sides why each side decides to try and get this motion. The three types of searches are spot on, an excellent point here! Even on traffic stops as an officer, we can just simply ask if we can search your car. Quite a few people have a hard time telling the difference between reasonable suspicion and probable cause. The "Terry" stop is really just patting the outside of the clothes for weapons, nothing more. Search incident to arrest, this always gives an officer the right to search a car or a person because 1. we want to make sure we are noting everything in our report, 2. it verifies we as an officer are not taking anything from the subject. One last thought, when you mention to keep the evidence, it is not the officer's responsibility to keep track of the evidence when he or she submits it to the lab or the evidence tech.
Capps "- Ryan Krupp"
Good point, especially as it relates to the Terry stop and noting everything in the report!
I enjoyed this video, I found it to be very helpful in explaining the process that takes place in regards to the three types of police encounters. I also often wondered why criminals are let go when the evidence shows they committed the crime. I sometimes don't agree with it, but with that said it holds law enforcement accountable for their actions, I guess you could say it keeps them in check. Thank you for the insight. Holly Brown
Thank you for your response. You've captured the point that there is no "seriousness of the crime" exception under the exclusionary rule. Our Constitution considers our rights to be free of unreasonable searches and seizures to be more important than anyone's individual actions, no matter how serious. When studying Miranda, you will see how that plays out from a 5th Amendment perspective. - Prof. Krupp
@@krupplawfirm8323 If an officer pulled over a suspect and was 15 feet away from his window and yelled he smells alcohol, asks him to get out if his car and immediately tells the suspect to raise his foot 6"off the ground and count to 10 and after completion officer yells at suspect 6" higher and he complied ,then officer asked to count from 100 back to 88 in reverse,suspect asks him what did he say,officer yells at him,did you go to school,I am not repeating myself suspect counts from 100 back to 88,officer tells suspect to take 9 steps heel to toe and 9 steps back heel to toe and suspect complies but on the turn suspect turns real fast without losing balance and officer says your under arrest for OWI,does the officer have to follow any specific rules or NHTSA manual recommendations and explain how he wants the test performed of can he yell and scream at the suspect and not properly explain the sobriety tests.?
Anything obtained without a legal warrant should be automatically inadmissible in a court of law. Nowhere in the fourth amendment text does consent or reasonable articulable suspicion exist anywhere, probable cause in the 4th amendment text is only to get a legal lawful warrant. The justice department (courts) have been operating illegally unconstitutionally for the past 100 years in violation of the constitution of the united states committing Perjury in violating oath of office.
Welcome to our discussion on the 4th Amendment and the Motion to Suppress! Let me know your thoughts. - Prof. Krupp
The bail man said the police that arrested my nephew didn't have no probable for his arrest. Can he request motion to suppress evidence? My nephew have no criminal history.
I want to thank you for your video, you broke it down 123.i have a clear overstanding of the 4th amendment.
Krup laws firm god bless you for teaching the Motion to suppress the 4 amendment I learn news things about the laws god is loves
So hard to sue cop for false arrest. Court dismissed for rights violations bud had to spend 2days jail cop walks away with no repercussions why is that?
same thing here cop didn't collect any evidence wrote no cameras were there HE LIED HE DIDN'T LOOK
I can be done.
If you have a "STRAW MAN"
the off
it was intrapment icer stated he pulled me over for one thing but wrote entirly diffrent on citation, ask to search i refused then ran dog how is this legaal, i feel
in kentucky can you be pulled over for an insurance check only without a traffic violation occuring
What happens when the prosecutor gave me discovery of a unknown person police footage?
How is it that in a state (R.I.)with Discovery it cost the ex governor $1.3 million to get it? How is it that evidence can be entered without Discovery, the defense told they may not show it to the jury and that exchange between defense and judge deleted from the transcript?
If you feel I may have many more questions your suspicions are correct.
If initially pull over traffic stop no problable cause. Where consent to search wasn’t mentioned but notice officer during stop was trying to find something notice observing surroundings looking thru window inside where a item was discovered floor of vehicle just to under seat drug paraphernalia had no knowledge of it.. was only given a citation as nothing else was wasn’t aware of it can evidence be suppressed
What if they lie about ur consent when I didn't and it's on hodycam
Constitution trumps terry and officers safety. Law enforcement doesn't exist in the constitution of the united states of America supreme law of the land.
Any right for a lack of judgement r mistake of Identity for a alcohol sale to Minor that has to do with a string operation,,?
He got held in detox for 12 hours that's it.. I started checking all the drugs. He was hiding around the house at the officer saying here here's this, here's that. I found the gun and everything. What are you doing? Get an extra part just a piece of paper. He literally doesn't care and just isn't right in the head he's done more but it's just a waiting game now.
🙏🏻🙏🏻🙏🏻🌏✝️ Thank you 2016 Due process violation 4th 5th 6th 14th Amendment violation. A Writ of habeas corpus a violation of my constitution rights violated. 2019
Ahh yes
"Terri Stop"
From the early 1900's
This guy calls himself a constitutional lawyer lmao