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Old 04-25-2018, 12:06 PM
k9bfriender is offline
Join Date: Jul 2013
Posts: 10,634
Originally Posted by Shodan View Post
No, they aren't. If they were going to be presumed innocent, the cops would never stop someone and never arrest someone. They are supposed to be treated as suspects - not innocents.
They are either innocent, or they are guilty. The law makes that a binary choice. So, are they treating suspects as if they were innocent, or as if they were guilty.

I would say the ideal would be that they are treated as if they are innocent until a court has looked at the facts of the case and made a determination.

But, you know, if the cop thinks that they are guilty, that's good enough, right?
Not a good example. Bland talked her way into being arrested by refusing a lawful order and assaulting a police officer. Under Texas law, police may arrest you for a traffic violation, at the officer's discretion. If you wanted her to be presumed innocent, her resisting arrest, assaulting an officer, and refusal to obey a lawful command certainly overcame that presumption.
Your question was if they found contraband in the car. Was there any contraband in the car? No.

The cop took advantage of his superior knowledge of the law, combined with the fact that he was the one in total control over the situation to bully a nervous person who was innocent of any crime until he had something that he could charge her for.

Now, you said upthread that you don't mind that people that aren't smart enough to navigate the tricks that the cops throw at you get thrown in jail, but I really disagree that that is an appropriate way to treat a populace. Your mileage obviously varies.