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Started By
Message
re: It's getting tough to defend police. Threatning to take kid at traffic stop
Posted on 10/6/14 at 9:33 am to meauxjeaux2
Posted on 10/6/14 at 9:33 am to meauxjeaux2
I got a cop related text from my wife 15 minutes ago. It should give insight to what the purpose of the police is in 2014.
My wife's boss is a local political official. She told me that he had been on the phone this morning with a local, small town mayor. He warned my wife because the mayor said the town coffers were a little light so he was about to put the town cops out on a ticket writing binge to drum up cash.
That's what cops are in 2014: thieves.
My wife's boss is a local political official. She told me that he had been on the phone this morning with a local, small town mayor. He warned my wife because the mayor said the town coffers were a little light so he was about to put the town cops out on a ticket writing binge to drum up cash.
That's what cops are in 2014: thieves.
0
Posted on 10/6/14 at 9:33 am to Seymour
quote:
He proceeded to search our entire car, rummaged through our bags, and held us for over a half an hour. He found nothing. What should we have done to avoid this?
You probably consented to a search.
Don't do that.
Posted on 10/6/14 at 9:34 am to rumproast
quote:
No....but it probably creates sufficient probable cause to pull the car over and check...
Under what law is this stop supported?
People drive cars not registered to them all the time, it's not as if the car was known to be used in a crime of any sort.
Can your house be entered legally if there is a car owned by a known fugitive parked nearby?
This post was edited on 10/6/14 at 9:37 am
Posted on 10/6/14 at 9:34 am to rumproast
quote:well,why not pull em over to find out?
Here's a little question for the probable cause to stop the car: just because the car is registered to someone with an expired license, does that mean the driver of he car has an expired license?
Posted on 10/6/14 at 9:35 am to The Third Leg
quote:
No....but it probably creates sufficient probable cause to pull the car over and check...
That's wrong. At best it might create some suspicion, and that suspicion may even be reasonable suspicion. I don't think under any scenario that it provides probable cause for an arrest.
That's the problem with most people. They don't understand at all what probable cause is.
Posted on 10/6/14 at 9:36 am to meauxjeaux2
quote:
well,why not pull em over to find out?
May as well call out a K9 unit while you're at it...
Posted on 10/6/14 at 9:37 am to Seymour
not given permission to search.
Posted on 10/6/14 at 9:38 am to terd ferguson
quote:
May as well call out a K9 unit while you're at it...
That's another thing that pissed me off about this. It would have taken a good amount of time to get the K-9 there. That in and of itself is unreasonable detention if they had no suspicion of drugs. They had no right to detain them, let alone the right to detain them for a period of time to get a dog there.
Posted on 10/6/14 at 9:38 am to FalseProphet
quote:
That's wrong. At best it might create some suspicion, and that suspicion may even be reasonable suspicion. I don't think under any scenario that it provides probable cause for an arrest.
Probable cause to pull a car over and ask a question is not the equivalent of an arrest
Posted on 10/6/14 at 9:40 am to The Third Leg
quote:
Can your house be entered legally if there is a car owned by a known fugitive parked nearby?
No...and a vehicle cannot be entered and searched without probable cause. PC to "search a vehicle" is not what is required to conduct a routine traffic stop.
Posted on 10/6/14 at 9:41 am to rumproast
quote:
Probable cause to pull a car over and ask a question is not the equivalent of an arrest
Under what law?
Posted on 10/6/14 at 9:42 am to rumproast
quote:
Probable cause to pull a car over and ask a question is not the equivalent of an arrest
You're right. That's why they can just tell you that you're "obstructing an investigation" and arrest you for that.
"Why did you pull me over?"
"I'm not telling you... show me your ID"
"Am I under arrest?"
"No... show me your ID"
"Why do I need to show you my ID? What's the reason for the stop?"
"You're obstructing my investigation. You're under arrest"
boom
Posted on 10/6/14 at 9:43 am to The Third Leg
Terry v. Ohio, perhaps.
I'm not sure if an expired license of the primary holder of the vehicle satisfies reasonable suspicion for a Terry stop though.
I'm not sure if an expired license of the primary holder of the vehicle satisfies reasonable suspicion for a Terry stop though.
Posted on 10/6/14 at 9:43 am to rumproast
quote:
No...and a vehicle cannot be entered and searched without probable cause. PC to "search a vehicle" is not what is required to conduct a routine traffic stop.
What is the traffic stop for?
Posted on 10/6/14 at 9:44 am to The Third Leg
That's true. You can pull a car over for suspicion of a few things. But as soon as that specific suspicion is investigated you cannot detain or investigate further without specific articulable facts
Posted on 10/6/14 at 9:45 am to KosmoCramer
quote:
You probably consented to a search. Don't do that.
If you try to be polite then they often try to trick you into "consenting" to a search by being somewhat forceful when "requesting" for a search.
This post was edited on 10/6/14 at 9:46 am
Posted on 10/6/14 at 9:46 am to KosmoCramer
This is not a Terry stop.
A Terry stop stipulates that the police have reasonable suspicion to believe that a crime has been or is about to be committed.
A car registered to someone with an expired license does not meet that criteria; considering daily, millions of people drive cars not registered to them.
A Terry stop stipulates that the police have reasonable suspicion to believe that a crime has been or is about to be committed.
A car registered to someone with an expired license does not meet that criteria; considering daily, millions of people drive cars not registered to them.
Posted on 10/6/14 at 9:46 am to Peazey
Or if you refuse to consent to a search they let you sit there while they call in a K9 unit to sniff around your vehicle. Then the dog jumps up with it's front paws all over your hood, truck, doors, etc scratching the frick out of your paint... seen that happen before.
Posted on 10/6/14 at 9:46 am to Peazey
Yeah it happens all the time when people are "trying to be polite."
They sacrifice all their rights.
They sacrifice all their rights.
Posted on 10/6/14 at 9:47 am to The Third Leg
quote:
This is not a Terry stop.
A Terry stop stipulates that the police have reasonable suspicion to believe that a crime has been or is about to be committed.
A car registered to someone with an expired license does not meet that criteria; considering daily, millions of people drive cars not registered to them.
This might fall under Terry. It's a gray area.
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