posted on May, 24 2014 @ 08:58 PM
You CANNOT give such discretion to someone with no oversight or consequences for when they make mistakes. A law like this should not exist first of
all, but if it did, and it was shown that the cop was wrong, they should be punished, possibly losing their job. Why? Because that shows that their
probable cause could have been bogus. Police officers forget that their true interest is to protect and serve the people. Treating everyone like a
criminal is not the way to do this.
And it has been proven time and time again that cops will lie, especially to cover their butts. And their colleagues will lie for them. No oversight.
There needs to be an independent group who is not attached or "friendly" with these people in any way, who judges their actions based solely on
common sense and evidence. Something needs to be done to reign in cops who abuse their authority.
I mean think about it like this: this is a violation of privacy if there truly was not any probable cause. Do we really want to leave whether or not
to invade someone's privacy up to ONE person? Sure, judges have such authority, but they are supposed to be bound by certain laws, and what they do
will be scrutinized and there can be consequences for blatantly wrong actions or illegal actions. But leaving something up to the discretion of a
single person, a person who has minimal training and may have little to no experience, is going too far. Especially considering they could be the only
person there, so why wouldn't they lie to cover themselves, if the person whose rights were violated cannot prove that such a thing occurred?
Probable cause is not proof. Probable cause needs no evidence. Sure, a cop might have no probable cause, yet say he did to justify his actions, and
let's say he uncovers a crime because he broke the law and found something when he did not have the authority to search in the first place. Just
because a crime was committed in that particular instance does not justify all of the times that their "probable cause" turned up no evidence. It is
much better to let the people keep their right to privacy than to search everyone so that a minority of the time something illegal can be uncovered.
Cops should have strict rules and regulations to follow. If they see the law being broken, then they can act. But probable cause is a sort of blanket
reason for letting them do what they want. If they are going to act based on probable cause then there needs to be STRICT guidelines as to what is
probable cause, and then they should document it. They need to make cops wear cameras on their persons, and they should NEVER be allowed to turn them
off, nor the ones on their vehicles. Or they should be made to turn them on whenever they have a confrontation of any kind with anyone while on
duty.
This will protect not only the citizenry, but the cops as well in some instances. That seems to me to be the best solution. And like I said, there
needs to extremely strict rules regarding probable cause, and if the cops cameras or other evidence shows that he truly did not follow the law, and
have probable cause, then there should be strict consequences. I mean there are apparently cops who do not realize just how serious it is to violate
someone's rights. IMO that is something you should go to prison for for a very long time.
To me that is much more serious than some of the crimes they lock people up for. How is it not serious when our entire country is founded on rights
for the people? It is the backbone of our system. And another thing that needs to be done is this: regulations should be passed that tell cops what
they are allowed to do. If it is not included, then they should not be allowed to do it. But some of them don't obey the law anyway. They think they
are above it because they are tasked with enforcing it. Some people should not be allowed to have power over others of any kind, because they will
abuse it. I am not saying all police officers are this way, but many are. Some are probably much worse than others, like the ones who take bribes and
all that, but like I said, violating the rights of anyone should not occur. For instance, take the Rodney King thing. Those police officers suffered
no repercussions for violating that man's rights.
Under no circumstances are actions like those justifiable. Force is ONLY supposed to be used in the degree necessary to subdue a suspect. My point is
that rarely are cops subject to the same legal system as you or I.