You stop a car for having no taillights and the car is properly registered, and the male driver has a valid driver's license and insurance. Your partner tells you this person "gives him a bad feeling" and subsequently orders him out of the car. Your partner searches the car and finds a handgun under the front seat; he arrests the driver. At the station, the serial number of the gun is run through the computer and a hit is received indicating the gun was used in a homicide. When confronted with this, the suspect confesses. Your partner, knowing the search was illegal, fears the evidence of the gun and confession will be inadmissible in court. Your partner says he is going to write in the report that the gun was in "plain view" and tells you to go along with this so a murderer will not be back on the street. What would you do? please help! :(
2007-02-04 01:49:59 · 12 answers · asked by Fashionista 4 in Politics & Government ➔ Law Enforcement & Police
Yes, this is the fellow officer who was drinking on the job.
2007-02-04 02:22:38 · update #1
Assuming they didn't have permission to search the car, the right thing to do is come clean about the illegal search. That's what I would do.
The gun would be direct evidence and inadmissable in court, but the detectives would still have his confession. After that the cops are pretty much clean and don't have to worry about IA coming down on their asses, they did a job well done and caught a murderer....as for the drinking, that's a personal problem he has.
If they decide to go the other route and lie, then they are now risking their own careers and possibly the loss of merit on the whole case. The types of decisions cops have to make.....Many people wonder why they don't get hired to become cops or fail their evaluations, and the answer is decision making skills, life experience, and maturity.
2007-02-04 20:40:17 · answer #1 · answered by lovemytc 3 · 0⤊ 0⤋
I would tell the truth. Police officers need to have good ethics, and stick with those ethics, otherwise it will all be corrupt before too long.
As much as I believe that in some cases, such as this one, that they need to change the laws saying what is an "illegal" search, I would still tell the truth. I think that they need to change the what is considered illegal and legal ways to gain evidence to major crimes. Like this case for instance. They have pretty much found the person who took someone else's life, and they can not do anything about it now. That man will walk free because of some small technicality.
It kinds of sucks the way the system is right now, but until they change the rules, which I don't think they will ever do, I will continue keep telling the truth and not put my ethics into question.
2007-02-05 01:01:23 · answer #2 · answered by deftonehead778 4 · 0⤊ 0⤋
To be honest, I would go along with the story that the gun was in plane view, even if it is said that only a small part of the gun was able to be seen but able to be reconized that it was a gun. As far as for drinking on the job, I would sit him down and talk to him about it and 1) see if he has a problem and be willing to help him get the help he needs, 2) tell him if it continues you may have to take futher steps so that he can get help with out his permission.
2007-02-04 07:24:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Was the gun under the passenger seat or the drivers seat. If it was under the drivers seat then in many states the search was legal. If it was under the passenger seat then it was illegal. You are in the social quandry of doing what is right and doing what is legal and they are not always the same thing. I am not an expert on the law, but since he confessed to murder I would charge him with murder and not with being in possession of a stolen hand gun.
2007-02-04 01:57:56 · answer #4 · answered by pretender59321 6 · 0⤊ 0⤋
Damned if you do damned if you don't. Morally the right thing to do is to tell the truth. However, if you were not in a position to see the alleged gun you could write your report to reflect that you were following on your partners lead and had no reason to doubt his/her word. But the real question is what will your conscience allow you to do.
2007-02-04 04:53:36 · answer #5 · answered by ikeman32 6 · 0⤊ 0⤋
That's a tough one. What caused your partner's "bad feeling"? I would ask him about that. I would also tell your superior officer of the search.
His attorney is more than likely going to bring it up anyway. May as well come clean now.
2007-02-04 02:00:11 · answer #6 · answered by Firespider 7 · 0⤊ 0⤋
I don't agree with your premise that the search will be considered illegal.
I would not agree to falsify a report. The case should be pursued. The perp may plead guilty and the search will not be an issue.
2007-02-04 02:03:20 · answer #7 · answered by regerugged 7 · 0⤊ 0⤋
I would tell the truth. If your partner is a bad cop that's his business and his career. Procedures are there for a reason.
2007-02-04 01:58:03 · answer #8 · answered by marie 7 · 0⤊ 0⤋
garity it means you will talk only when given a direct order to also used to cover your *** but the flip side as a cop if that happened to me then i would say something that officer makes all of us good ones look bad he/she shouldnt had have a gun and a badge
2007-02-04 11:54:05 · answer #9 · answered by the b-i-s-h 2 · 0⤊ 0⤋
.Oh, that's easy. We should let every one go on technicality's. The world would be such a better place with more criminals on the street
2007-02-04 01:59:10 · answer #10 · answered by H.C.Will 3 · 1⤊ 1⤋