quote:
Your whole rant assumes the guy did in fact run the stop sign(s). If he did not and that was the alleged reason for the stop, the entire stop was illegal. However, without his recording and questioning of the cop, he would have no evidence to submit in his defense.

The cops looking at his windshield only after the guy vehemently denies running the stop sign and saying the windshield is cracked, then later mentioning speeding could lead a reasonable person and judge to believe the cop violated the citizens rights by stopping him in the first place.

For those reasons, questioning the officer while recording was a good idea by the driver if indeed he was wrongfully stopped. However, he should have provided his license and registration quicker and should have been more respectful and compliant while continuing to video and continuing to probe the officers bs reasons for the stop.

As someone with a master's degree, I like to think I'm a reasonable person. I don't think the cop violated the citizen's rights by stopping him for what the cop perceived to be running a stop sign.

The video is fine. The questioning is fine. It was his inability to allow the cop to do his job. Both participants in this situation have rights and one attempted to hinder the other.

Aren't you a lawyer? Does the cop have the right to remove a person from a vehicle if they refuse to do so after being asked to?

*I'd like to add that no where in my rant did I say that the driver indeed ran the stop sign.

This post was edited on 7/23/14 at 11:11 am

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Posted by WDE24

Member since Oct 2010

54193 posts

Posted on 7/23/14 at 11:15 am to StringedInstruments

quote:
I don't think the cop violated the citizen's rights by stopping him for what the cop perceived to be running a stop sign.

Unless of course he was stopping him for an unlawful reason and using an alleged minor traffic violation as a pretext. Cops do it a lot.

quote:
Does the cop have the right to remove a person from a vehicle if they refuse to do so after being asked to?

Here is the problem with these situations, the rights are dependent on the facts of the case and no one is at the scene to judge the facts of the case in the moment. Almost everything the cop did after the stop is impermissible and/or inadmissible if the stop itself was impermissible. That determination won't be made at the scene though, so videoing and requesting info from the officer is the citizens only defense and evidence gathering option.

However, it should be done without antagonizing and he should comply with simple requests such as providing license and registration or stepping out of the vehicle.

Both parties needlessly escalated the situation.

This post was edited on 7/23/14 at 11:18 am

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Posted by Volvagia

Fort Worth

Member since Mar 2006

51958 posts

Posted on 7/23/14 at 11:18 am to StringedInstruments

quote:
The cops looking at his windshield only after the guy vehemently denies running the stop sign and saying the windshield is cracked, then later mentioning speeding could lead a reasonable person and judge to believe the cop violated the citizens rights by stopping him in the first place.

The belligerency comes out too early to be sure if this is true.

He asked why he pulled over.

He told him.

Then he told him he had a cracked windshield as well.

The choice of order may very well have been because of it being a secondary violation in his state: a ticketable offense that you can't pull someone over for but becomes free game if they are pulled over for another reason.

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