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#31 The Law

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Posted 21 June 2006 - 01:21 PM

QUOTE (BadAss @ Jun 17 2006, 09:12 AM)
they found a small pocketknife.  They then cited him for unlawful possession of a weapon! 



I will warn all the local LO Girl Scouts to be careful with their weapons!

hmmm... Our Girl Scout store in Lake Oswego sells pocketkinves. Probably to minors on occassion. Wouldn't that look good in the papers!

"Authorities shut down Girl Scouts for selling weapons to minors" (LO Review headline)

"Underworked LO cops resort to citing Girl Scouts for selling camping supplies to minors" (everyone else's headline)

#32 Doug

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Posted 21 June 2006 - 01:28 PM

Maybe the Girl Scouts could bribe the LO police with cookies and get them to waive the ticket. tongue.gif

#33 Rick Lovett

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Posted 21 June 2006 - 02:33 PM

The knife thing is intriguing. You might check about what "a small pockeknife" actually meant. I know someone else who's kid got in trouble on this one, and the "pocket knife" in that case was a flip-action "butterfly knife," which has the same legal status in Oregon as a switchblade, which a creatively inclined kid might also call a small pocket knife. Note that the only thing I'm advocating here is a bit of fact-checking.

If it really was a pocketknife, I'm worried about Oregon law here. The law I grew up with was that anything folding blade knife up to 3 inches without some kind of spring or flick action for opening it was a legal "tool." Swiss Army knives were deliberately styled to meet that rule with 1/4 or 1/8 inch grace. (That's why they used to be legal on airplanes.) It's possible that homeland security has gotten its mitts on this one and every hiker/backpacker/fisherman in Oregon is now courting jail time, and if that's the case, as a hiker, I wanna know it. I know that I used to always carry a Swiss Army knife with a tiny Maglight attached, plus all that useful stuff, and now I leave it at home, out of paranoia.

The rule used to be that any knife, folding or otherwise, longer than 3 inches had to be worn in plain sight; that's why hunting knives came with belt sheaths, when I was a kid. You couldn't legally put 'em in your pack. Stupid rule, actually; it's a bigger threat on your belt than in your pack, but I guess the idea was to let folks know up front who was and wasn't "armed" and might be dangerous to pick a fight with.

I'm all for not giving cops permission to search or inviting them in. Though it does make you presumed guilty in their eyes. But they only ask in if they're hoping to find something. The times I've dealt with them in less pre-judged inquiries, they simply talked on the porch and didn't even ask. Though maybe those were nicer times.

As for refusing Breathalizer tests, I'd check that one. There's been a huge push to make refusal an admission of guilt. I thought that one had succeeded, years ago, but maybe I've just been reading poorly written newspaper articles.

#34 NextLizard_Joe T._*

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Posted 21 June 2006 - 04:06 PM

QUOTE (Rick Lovett @ Jun 21 2006, 03:33 PM)
As for refusing Breathalizer tests, I'd check that one. There's been a huge push to make refusal an admission of guilt. I thought that one had succeeded, years ago, but maybe I've just been reading poorly written newspaper articles.


The laws have changed, at least here in Oregon. A person gives "implied consent" to those searches when they hold an Oregon DL.

Of course, they can refuse requests, but I believe (have to check the ORS) that after refusing DMV suspends a DL anyway, regardless of whether or not the matter is won (or lost) in the courts.

It's another way of strong-arming potentially innocent citizens into giving up their fourth amendment rights vis a vis hanging the prospect of suspending their driver's license in front of them.

Sadly, for most folks, the worst penalty they can suffer in a Dewey proceeding is losing their license; they lose it for some period of time in either scenario.

The bottom-line is not to get behind the wheel of a vehicle if you've got any doubts about passing a breathalyzer, otherwise flush that license down the drain for some length of time.

Police power is clearly out of control, and we've endorsed it.

#35 NextLizard_Tiger Paul_*

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Posted 21 June 2006 - 04:10 PM

Best of Lake O Police Blotter 2004

Click above for a sample of the humor of the Lake O police blotter... easy to see why this is such a source of humor to KPAM listeners... laugh.gif

#36 Father Goose

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Posted 22 June 2006 - 09:27 AM

QUOTE (BadAss @ Jun 16 2006, 05:53 PM)
I won't put up with goons with guns and a high school education. 


As recently as 5 or 6 years ago Portland required a 4 year degree for police applicants. I don't know if Lake O has the same requirement.
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#37 Diep

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Posted 22 June 2006 - 12:41 PM

Yes if you refuse breathalyzer its an automatic license suspension (90 days I beleive). I would probably hold out for a blood test and take the suspension. Might save you a felony conviction.

#38 NextLizard_Tiger Paul_*

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Posted 22 June 2006 - 02:02 PM

...I've talked to many lawyers over the years and they all say the same thing... "never ever submit to a breathalyzer"...

...you are never, ever required to incriminate yourself and why would you want to chance a felony conviction? They can suspend your license if you refuse b/c driving is a privilege and not a right but that is all... wouldn't you rather be inconvenienced for a few months than have a felony stamped to your permanent record?

Just stay quiet, go to jail and ask for your phone call... you have the right to remain silent, though as Ron White likes to say "but I did not have the ability!" laugh.gif

#39 BadAss

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Posted 22 June 2006 - 02:04 PM

QUOTE (Father Goose @ Jun 22 2006, 10:27 AM)
As recently as 5 or 6 years ago Portland required a 4 year degree for police applicants. I don't know if Lake O has the same requirement.


Was that four years of high school? Or does it take four years to get a degree in "criminal science?" You know, how to successfully disarm a high schooler with a pocket knife....
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#40 Tony the Tiger

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Posted 22 June 2006 - 02:53 PM

I hesitate to get involved in this one. Having a teenage daughter who has done far, far worse than smoking, the answers are not black and white. Parents have only so much influence and police arrests only do so much to change behavior. The change needs to come from within. There are many influences out there and many stresses that teens face today, along with severe esteem problems that I blame on TV, the media, ads and peers that promote superficial values. Some parents also buy into this and pass it on to their children. Parents need to be there 150%, which is why you don't always see me on runs, (well there's also work!) and even good parenting is no guarantee. Fortunately, I have seen increments of improvement in my beautiful daughter and people tell me that they come out to the other side intact, once they reach maturity. Parents however, don't do so well! ohmy.gif wink.gif
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#41 2b.runnin

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Posted 22 June 2006 - 11:14 PM

I dont even see why smoking is an issue. If you lack the intelligence to see what you are doing, thats your own problem. Police should be helping people, and locking up those that are a danger.
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#42 BadAss

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Posted 23 June 2006 - 01:28 AM

QUOTE (2b.runnin @ Jun 23 2006, 12:14 AM)
I dont even see why smoking is an issue.  If you lack the intelligence to see what you are doing, thats your own problem.  Police should be helping people, and locking up those that are a danger.


What he said...
"Break me a f**k'in give."
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