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re: It's getting tough to defend police. Threatning to take kid at traffic stop
Posted on 10/6/14 at 12:14 pm to ZereauxSum
Posted on 10/6/14 at 12:14 pm to ZereauxSum
quote:
Look, in that situation, with my kid(s) in the back seat, I probably give him my ID and go about my business (ignoring the fact that the stop was too long/f'd up from the get go). But I'll readily admit that the passenger was 100% right even though he didnt go about it in the right way.
Just to be clear, i never said i agree with what the cop did, or that what the passenger did was outside of his rights.
Some cops are assholes. Acting disrespectful and trying to prove him wrong with everything inst' something that will go over well. Give him the id, quit talking, and you'll be on your way in no time.
Recognize your dealing with someone who's unprofessional. In my experiences with cops like this, it's best to just shut up and do what they say and you'll be on your way. But i'm not a criminal, so i know nothing they are looking for or suspecting me of will come of anything.
1
Posted on 10/6/14 at 12:14 pm to cleetus
quote:
and yes, it was the couple in the car that instigated that whole thing. just show your damn license, answer a question and be on your way.
He wasn't the driver.
Posted on 10/6/14 at 12:15 pm to TeddyPadillac
quote:
Just to be clear, i never said i agree with what the cop did, or that what the passenger did was outside of his rights.
Some cops are assholes. Acting disrespectful and trying to prove him wrong with everything inst' something that will go over well. Give him the id, quit talking, and you'll be on your way in no time.
Recognize your dealing with someone who's unprofessional. In my experiences with cops like this, it's best to just shut up and do what they say and you'll be on your way. But i'm not a criminal, so i know nothing they are looking for or suspecting me of will come of anything.
You don't get it. You never will, unless something similar happens to you.
Posted on 10/6/14 at 12:16 pm to LT
quote:
Does it allow for the guy to refuse to get out and show his Id
Never, ever, get out unless you're under arrest.
Posted on 10/6/14 at 12:17 pm to TeddyPadillac
quote:
not saying it to put you down, just pointing it out as it may be a reason you will always lean towards the citizen over the cop.
You may have had reason to not trust a cop. I don't.
You obviously don't know me very well then because i've always been in the corner of defending the police.
Even been called a "boot licker" a few times.
Posted on 10/6/14 at 12:17 pm to KosmoCramer
quote:
Never, ever, get out unless you're under arrest.
Serious question... Why not?
Posted on 10/6/14 at 12:18 pm to LT
quote:
Now that's what I'm looking for... That seems to leave a lot of discretion for the judge. I wonder how one would go about finding what the proper amount of time for a stop?
Does Illinois v. Caballes apply here if no drugs are found? Does it allow for the guy to refuse to get out and show his Id? Not flaming, just curious...
It is a totality of the circumstances on the length. It would hashed out in an in limine suppression hearing.
What is found is not the issue in these cases. It is how things are found. The process not the result if you will.
Posted on 10/6/14 at 12:18 pm to KosmoCramer
quote:
Never, ever, get out unless you're under arrest.
Or ordered out.
ETA:
A police officer has the right to order the driver of a stopped vehicle out of the car on any lawful stop.
Pennsylvania v. Mimms, 434 US 106 (1977).
Due to the inherent danger of traffic stops for a police officer, he may order the passengers out of a car on any lawful stop. Maryland v. Wilson, 117 S. Ct. 882 (1977). (“We . . . hold that an officer making a traffic stop may order passengers to get out of the car pending completion of the stop.”)). United States v. Phillips, No. 11-3014, 2012 U.S. App. LEXIS 11207 (8th Cir. 2012), Id. at 8.
This post was edited on 10/6/14 at 12:21 pm
Posted on 10/6/14 at 12:18 pm to uway
quote:
Do you know how many millions of black people can say the exact same thing but can't expect the same respectful treatment you mistakenly believe police will give you?
What your responding to was me being facetious.
I've been in situations where police haven't given me respect. I've said that multiple times. Doesn't change the fact that i shouldnt' remain respectful to the man with the gun and thought that he's the ultimate power in the universe. I know that if i shut up and comply to the simple requests he has, nothing will happen and i'll be on my way.
Posted on 10/6/14 at 12:19 pm to KosmoCramer
quote:
They know they are in the wrong at times, but say "hey, it's ok I'll let the court work it out"
Meanwhile wasting thousands of the citizen's money and screwing over completely those who can't afford an attorney.
This post was edited on 10/6/14 at 12:19 pm
Posted on 10/6/14 at 12:20 pm to LT
quote:
quote:
Never, ever, get out unless you're under arrest.
Serious question... Why not?
I'd honestly like to know too.
I was stopped for running a red light (on purpose) when I was 17. The cop asked me to step out of the car and I did. He let me go with a warning. But I always wondered why he wanted me out of the car
This post was edited on 10/6/14 at 12:22 pm
Posted on 10/6/14 at 12:21 pm to Five0
quote:
Or ordered out.
Why would you be ordered out unless to be arrested?
Why put the criminal at risk and make them get out of the vehicle?
Posted on 10/6/14 at 12:21 pm to ZereauxSum
See my edit above.
Posted on 10/6/14 at 12:22 pm to ZereauxSum
It's my understanding that getting out of the car is complied consent to a search unless you are ordered out and state you don't consent to a search.
Police will just search the car with the implied consent that you got out.
I'm not 100% on that.
Police will just search the car with the implied consent that you got out.
I'm not 100% on that.
Posted on 10/6/14 at 12:23 pm to fightin tigers
There are many valid reasons. I'm happy to discuss law, but I will not get into tactics. Don't want you to think I'm ignoring you.
Posted on 10/6/14 at 12:23 pm to Peazey
quote:
Meanwhile wasting thousands of the citizen's money and screwing over completely those who can't afford an attorney.
It's not the officers money, they don't care.
Posted on 10/6/14 at 12:24 pm to fightin tigers
Again, this depends.
Posted on 10/6/14 at 12:24 pm to Five0
quote:
A police officer has the right to order the driver of a stopped vehicle out of the car on any lawful stop.
If they think you have a weapon, correct? So police can claim they feel threatened and stop and frisk you. Which is such bullshite thanks to Terry v Ohio.
If they do this, you must state you don't consent to a search. They will keep pushing the envelop of implied consent.
Posted on 10/6/14 at 12:24 pm to KosmoCramer
quote:
Five0
KosmoCramer
Ah. That makes sense.
Well I totally screwed that up but he didn't search the car
Posted on 10/6/14 at 12:24 pm to Five0
quote:
There are many valid reasons. I'm happy to discuss law, but I will not get into tactics. Don't want you to think I'm ignoring you.
Very few valid reasons.
I can't think of a case where asking a passenger to get out of the vehicle helps with the overall, safety of a stop.
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