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- Опубликовано: 14 окт 2024
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How do you know the 15 yr old was not driving? And how is a minor's statement at the scene enough for you to decide it is PC to assume intoxication/search car? What makes you assume intoxication did not occur somewhere else, but was inside the vehicle? Just seems like a lot of guess work and assumptions. How would an empty bottle in the back seat play out? Could be taking it home to trash after drinking at another location. What if he had been drinking, but was under the legal limit? Did they test the 15 yr old for intoxication? What if the driver was not intoxicated, and the search was deemed illegal?
I guess mostly my question boils down to, what is probable cause? Is it what could theoretically be possible? Or most likely to have happened? A lot of the 'bad cop' videos I see on YT, the cops do what they want without legal cause, because they want it to be the way they are thinking/theoretically possible, and then they get it wrong, and do not get punished because of the qualified immunity. Many cops lose sight of the 'reasonable belief'.