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re: Indiana cops bust window and use stun gun on passenger in seatbelt stop

Posted on 10/7/14 at 10:34 pm to
Posted by burgeman
Member since Jun 2008
10371 posts
Posted on 10/7/14 at 10:34 pm to
penn v mimms

It is reasonable for an officer to have a driver exit the vehicle.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
35578 posts
Posted on 10/7/14 at 10:35 pm to
Five.O (a cop on here) says that giving your name, DOB, and address is sufficient, but I'm not sure what state he's in.
Posted by Flame Salamander
Texas Gulf - Clear Lake
Member since Jan 2012
3044 posts
Posted on 10/7/14 at 10:36 pm to
quote:

penn v mimms It is reasonable for an officer to have a driver exit the vehicle.


This does not apply. Passenger in question was not the driver and was not suspected of any crime. The driver was not wearing the seat belt.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
35578 posts
Posted on 10/7/14 at 10:36 pm to
Why did you reply to me? I never even touched that issue.
This post was edited on 10/7/14 at 10:37 pm
Posted by WalkingTurtles
Alexandria
Member since Jan 2013
5913 posts
Posted on 10/7/14 at 10:36 pm to
I say all cops are pos. There are really great cops but at the same time they know who the rogue/bad ones are and they back them up/go to bat for them/and enable them. So they are just as guilty.
Posted by LSURussian
Member since Feb 2005
127273 posts
Posted on 10/7/14 at 10:36 pm to
quote:

It is reasonable for an officer to have a driver exit the vehicle.
What about a passenger as in the one in the OP, which is who the police broke into the car to drag out and taze?
This post was edited on 10/7/14 at 10:37 pm
Posted by Flame Salamander
Texas Gulf - Clear Lake
Member since Jan 2012
3044 posts
Posted on 10/7/14 at 10:38 pm to
quote:

quote:And some states, Louisiana being one of them, have stop and identify statutes. Are you saying in Louisiana I have to carry ID with me at all times and I have to give my ID to the police anytime they request it? I honestly don't know the answer. Please inform me.


You do not have to carry with you or present an ID in the US.
Posted by burgeman
Member since Jun 2008
10371 posts
Posted on 10/7/14 at 10:39 pm to
I was just replying to a random post I'm on my phone. I was mostly addressing the folks saying they don't have have to getout of the car if requested on a traffic stop if they are the driver.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22215 posts
Posted on 10/7/14 at 10:48 pm to
quote:

Are you saying in Louisiana I have to carry ID with me at all times and I have to give my ID to the police anytime they request it?


You have to present some form of identification. Idk what forms will suffice, but it doesn't have to be a physical ID.
Posted by Flame Salamander
Texas Gulf - Clear Lake
Member since Jan 2012
3044 posts
Posted on 10/7/14 at 10:53 pm to
quote:

You have to present some form of identification. Idk what forms will suffice, but it doesn't have to be a physical ID.


If its not physical then what are our choices...let's see...how about verbal?
Posted by LSURussian
Member since Feb 2005
127273 posts
Posted on 10/7/14 at 10:56 pm to
I hope I'm never stopped when I'm jogging or walking. I don't carry ID then. Or when I'm mowing my yard. Or walking my dog. Or sitting in my seats at Alex Box Stadium.

I'm going to ask some police I know what they think the law says.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22215 posts
Posted on 10/7/14 at 10:59 pm to
quote:

If its not physical then what are our choices...let's see...how about verbal?


I've already said that I'm not sure what courts have found to be sufficient. I suppose verbal would be okay. Is there any indication that the passenger verbally told the cop his name outside of the law suit itself?
Posted by lsu777
Lake Charles
Member since Jan 2004
31803 posts
Posted on 10/8/14 at 12:15 am to
LINK

Supreme court ruled stating your name is enough to satisfy the statue and not violate the 4th but left open challenges that it could violate the 5th
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 10/8/14 at 12:25 am to
There is no reason not to comply with an Officers order.


Show respect and chances are you will not be mistreated. Yes cops can be arrogant power trippers but remember these folks job is dealing with the lowest form of humanity usually.

So let them power trip. I for one wouldn't want their jobs for triple the pay.



Oh and I've had a gun drawn on me and asked to lay face down in the street at a routine traffic stop before....so its not like i don't know how they can be.
This post was edited on 10/8/14 at 12:26 am
Posted by Scruffy
Kansas City
Member since Jul 2011
72420 posts
Posted on 10/8/14 at 12:33 am to
quote:

Show respect and chances are you will not be mistreated. Yes cops can be arrogant power trippers but remember these folks job is dealing with the lowest form of humanity usually.
Doctors, nurses, and other health professionals also deal with the lowest form of humanity as well. They seem to be able to keep their emotions in check.
quote:

So let them power trip. I for one wouldn't want their jobs for triple the pay.
Scruffy disagrees with allowing them to power trip. They should treat the rest of us with the same courtesy and respect that they demand from the peons.

Why is only one side expected to be better, and why is it always the ones with less power that are expected to bend the knee?
quote:

Oh and I've had a gun drawn on me and asked to lay face down in the street at a routine traffic stop before....so its not like i don't know how they can be.
Scruffy doesn't even have a parking ticket to his name, yet he is the one who holds cops to a higher standard?

That is strange.
Posted by KosmoCramer
Member since Dec 2007
76651 posts
Posted on 10/8/14 at 12:35 am to
quote:

There is no reason not to comply with an Officers order.


Dear. fricking. God.


Posted by Scruffy
Kansas City
Member since Jul 2011
72420 posts
Posted on 10/8/14 at 12:39 am to
Crazy isn't it?

And one if the more disgusting aspects of it is that they normally respond with something along the lines of, "if you comply, you save time and get to go on your way."

Makes Scruffy all warm and tingly knowing that people don't care as long as they aren't inconvenienced.
Posted by Volvagia
Fort Worth
Member since Mar 2006
51958 posts
Posted on 10/8/14 at 12:42 am to
quote:

Are you saying in Louisiana I have to carry ID with me at all times and I have to give my ID to the police anytime they request it?



The officer must first have probable cause of you being involved in criminal activity.


After that, you are required to show ID, and if you can't, it is up to the officer's discretion if he wants to arrest you till identity can be found by other means.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
35578 posts
Posted on 10/8/14 at 12:42 am to
quote:

There is no reason not to comply with an Officers order.


Show respect and chances are you will not be mistreated.


Posted by KosmoCramer
Member since Dec 2007
76651 posts
Posted on 10/8/14 at 12:44 am to
quote:

After that, you are required to show ID, and if you can't, it is up to the officer's discretion if he wants to arrest you till identity can be found by other means.


Umm, no.
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