Highly Illegal Operations


I just had to comment on this because this dumb show is on TV right now and I'm appalled at how much these guys get away with. For example there was this one scene where they came up to a cabin in the woods. They knock on the door asking if anyone's home, and then the next shot we see is them looking around inside the house. They even find a journal and start reading through it. Don't they need a warrant for that kind of thing?

There was another thing where they arrested this woman and you can hear them grilling her for information, yet she doesn't have a lawyer or anything. They tell her she can avoid jail time even though she's apparently committed 2 felonies, and she just cooperates without any documents or anything to prove what they're saying.

From what I've seen so far it seems like they just go out and make up their own rules just to get some arrests. It's ridiculous. This kind of sh*t would never fly in an actual city in the US. I guess they think because they're in rural hick country that people are too stupid to object to anything they do. Somebody with a decent lawyer could get them all thrown in prison for their practices.

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Idiots

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Yeah, the show makes it seem like these jerks just do whatever the hell they feel like.

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[deleted]

Maybe you should spend some time reading up in U.S. Law. Everything they practice is within their guarded legal rights as law enforcement.

With regard to the "woman" to which you are referring, she is/was apparently guilty of committing 2 felonies. She was within her legal right to request an attorney at any time, yet at no time does she request legal council.

If a citizen does not know his or her rights as a citizen, it isn't for one to place blame on law enforcement. It is up to the citizen to know his or her rights.

Think about the law before you place blame on the law enforcement community. You should be thankful that you don't have to put yourself in the Troopers place instead of pointing fingers at them! After all, if you are really in trouble, who else could you call?

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[deleted]

The cabin is a public place. It is there for shelter.

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Um it was a forest service cabin. Property of the govt. and perfectly legal to enter.

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Not necessarily true. I don't remember the specific circumstances of the incident being discussed here. If this was a rental cabin, it is not a "public cabin" that anyone can enter in contrast to trail shelter on the Appalachian Trail. The person who stays in the cabin has a lock or combination lock to keep others out. They have paid for the use of the cabin. As such the cabin has the same status as a motel room where one has a "reasonable expectation of privacy." Just because the structure is built and maintained by the U.S. Forest Service does't change that.

The same situation exists when someone puts a tent up in a campground or in the wilderness while backpacking. The inside of the tent is almost never visible from the outside, so the contents are not "in plain sight." If I found, and this was fairly regular occurrence, that someone had made camp in an area closed to camping and the camp was unattended I could not unzip the tent to search for something that I could use to find the violator. If I'm concerned for the welfare of the person camped, for reasons such as being on the lookout for a suicidal person, I may unzip the tent to check for a body. If I see some narcotics while checking for the body it can't be used as evidence for prosecuting the tent's owner. My purpose for entering the tent is limited to checking for a suicidal person and I can't just search any tent, I have to have some reason tying the tent to the suicidal person. I could not go out willy nilly and unzip tents. As it can be zipped up and nothing is in plain view the tent owner has a "reasonable expectation of privacy."

When watching a show depicting law enforcement keep in mind that the producers shoot dozens, if not hundreds of hours of video for every hour they present. They have to edit a lot of things out that might be pertinent to procedure or the presentation would not be able to follow a storyline. Sometimes warrants are obtained without the officer having to leave the scene. There are phone calls back and forth and such. Do you really want to see all of that?

There is an expression that "law enforcement is hours of boredom, interrupted by moments of sheer terror." Showing the boredom (I thought it was all interesting) is not what TV shows are all about, especially if it is a weekly half hour or hour show. This show is not a documentary.

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I noticed in one episode in season four (Netflix starts with that season.) that an officer commented on how his job is part.... I can't remember how he put it, but something like part law enforcement and part community "something." I can't recall, but it made sense because they realize they have such a huge problem with crimes committed under the influence of alcohol that they're trying to help rehabilitate (I don't think that's the word he used.) the people so there is less crime overall.

I looked up the issue of confiscating alcohol in Alaska. It's different that where I live in the South. Here in some areas, a dry county means they don't serve alcohol nor sell it, but you can purchase it for your own use at home. Apparently, in Alaska they have dry, wet, AND damp counties. Wet obviously means alcohol is served in restaurant and bars and you can purchase it and use it. Dry in Alaska means no alcohol at all. You can't even purchase it in a wet county and take home for personal use. A damp county (I think they call it) means it isn't served and isn't sold, but you can purchase it for personal use.

All that said, I read on an Alaskan site that a professor did research on suicides of young native men between about 15 and maybe mid-30s. He found that there's no correlation with use of alcohol or not to number of suicides. What were the most important factors were whether or not there was a strong native leader in the community and the number of married couples, probably available jobs, but that seems really obvious.

It seemed to me that these officers actually let people off or charge them with a lesser crime than what some other people are writing in this thread. That's the part of the rehabilitation they're trying. Also, I read that the ACLU is involved in a case where the local (state?) rehabs were giving information to local package shops so anyone with the three visits (again, I think that's it) that would prohibit them from purchasing or imbibing alcohol wouldn't be able to make a purchase. Well, rehab is medical and that's protected by HIPPA rules so they shouldn't be doing it even if their intentions are good. So, they have people coming down on both sides of that issue because some say it prevents them from purchasing alcohol, but the state is saying if they do that then people won't check themselves into the centers for rehab, which is the entire point. Being an alcoholic and getting help isn't a crime, they point out. You can be an alcoholic in recovery who feels you're slipping and check back in. Well, they didn't commit a crime nor drink, but if they avail themselves of help then they have their names sent to these stores. Kind of a Catch-22.

I have mixed feelings about mandated reporting because even a sexual predator who actually seeks help on their own should be allowed to get the help without fear of reprisal. I'd rather stop the mandated reporting and keep up the stings where people are actually committing a crime. (To commit a crime the defendant must have the mens rea; that is, the guilty mind. That's why stings like To Catch a Predator or that moose aren't entrapment.) I do know of someone who was caught in a sexual predator sting and I can assure everyone he damn well deserved to be caught, but since those crime occur in private then it's always trying to get them after the fact, which is very hard to do. And as I think you said that when someone is committing one crime that's so blatant you can be pretty sure they're committing others, as well.

People need to remember there is a difference between civil and criminal court. When it's a crime the victim is not the person who is the plaintiff. They are a victim and witness. The state is the one who is "suing" the defendant. The victim doesn't even have a choice about it. Drunk driving, sex crimes, theft, etc. are crimes against the state even if there is a victim involved. If a person is a victim of a crime, but doesn't want a trial that's not their option nor should it be. The person who committed the crime is the issue. If they'll do it to one person then they'll do it to others, as the saying goes. You don't want to be arrested for poaching then don't poach, not even a fake moose. You don't want to be arrested for rape then don't rape, no matter what the person is wearing or doing, which rarely has bearing on whether or not someone is raped anyway. One if my grandmother's friends in her 80s woke up with a man in her bed who then raped her. A friend of mine was raped in the elevator of her apartment building when she was a child. Women whose wear burkas get raped. The mens rea is with the person committing the crime.

Here's an excerpt from Wikipedia on mens rea:

Mens rea (/ˈmɛnz ˈriːə/; Latin for "the guilty mind"[1]), in criminal law, is viewed as one of the necessary elements of some crimes. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus reus non facit reum nisi mens sit rea, which means "the act is not culpable unless the mind is guilty". Thus, in jurisdictions with due process, there must be an actus reus, or "guilty act", accompanied by some level of mens rea to constitute the crime with which the defendant is charged (see the technical requirement of concurrence). As a general rule, criminal liability does not attach to a person who merely acted with the absence of mental fault. The exception is strict liability crimes. http://en.m.wikipedia.org/wiki/Mens_rea

Go to the page to read more, especially about levels of mens rea.



"Oh, you're going to jibber jabber about jibber jabber."

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I just watched that episode on reruns. That journal your talking about if you heard what they were saying its a log book of when people stay there. That cabin is a safety cabin owned by state. It's for people who get stuck out in the weather and what not. No one pays to stay there. So yes they were allowed in and yes they were allowed to look at anything they wanted. Again that so called journal was just a book that they always leave there for people to sign. It's like when you go to a state landmark and you sign the book saying hey I was here at such a tune and date. That's all.

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