Re: Cam Robinson Arrested
If the guys were in the park after it was closed I think that's enough for the cops to search them. I don't think they needed the pot or guns in plain sight to see if they could find something on them they could arrest them for.
If the things were out of sight but the cops said they were in plain view, it would only get the players in worse trouble to accuse the cops of lying when they knew they were going to be convicted anyway.
That's just my best guess, I certainly could be wrong.
"church it up"...that's an interesting term I've never heard before. It's meaning is very clear.
A park with "hours" needs to have gates on the entrances and exits, otherwise, it is not really "closed." The mere location of a car in a public place at 2am may or may not indicate a reason for a Terry Stop (stop and frisk). A box truck behind a furniture store at 3am loading furniture would be a legitimate reason for a Terry Stop. The park Robinson and Jones were in may or may not be such a location. If it is a high crime area, probably a legitimate reason for a stop. If not, and there were no closed entrances and exits, then I would certainly argue that the Terry Stop was an illegal search and seizure. The "smell of marijuana" excuse is widely used when there is no other reason to perform a traffic stop. Any LEO who denies this is telling a fib. Like I said before, a high percentage of the time the smell is legit--either from just having smoked in the car or just having a car that smells like a weed ashtray.
As for LEO's who lie on police reports, it most definitely happens. Sometimes, it is just in the form of an "embellished" story. I've seen it a few times in my 12 years of being a juvenile defense attorney. The good thing is, it happens rarely, but IMO, once is too much. All of the LEO I deal with personally in my job are top notch men and women. But, let's be honest here. All humans have the capacity to lie in a CYA situation.
Another thing to remember regarding Terry stops is that a lot of them probably result in nothing. In this case, it resulted in weed and guns. But anyone in 2016 who tries to refute that being black, in a fancy car, in a closed park isn't an invitation for an illegal search is kidding yourself.