Cop vehicle search rights, could I have done this different?

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Postby roadkill » Tue Apr 17, 2007 2:23 pm

Smooth

Some enter the police force because they want to have power over people. Be able to carry a gun, intimidate people, mess with their heads, all that. It could be they were bullied growing up, rejected by girls, whatever but the cops that messed with you were just flexing their muscles for their own little ego trip.

I like to think that the majority of cops are professionals just doing their jobs and trying to preserve our safety and maintain order. Unfortunately there are those that have no business wearing a badge.
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Postby Mr.SmOOOth » Tue Apr 17, 2007 2:23 pm

It looks like in your situation you did the right thing since your buddy was holding. At least next time you'll know what your rights are.
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Postby Mr.SmOOOth » Tue Apr 17, 2007 2:28 pm

Roadkill,
thats for sure! I generally let the cop dictate how our encounter is going to go. I have met a few cool cops but it seems that some are, like you said, on a power trip.
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Postby AciDBatH666 » Tue Apr 17, 2007 2:46 pm

I agree with smooth. I've had a few ask me a few stupid questions and kind of act the ass, but for the most part they are ok.
I have no problem cooperating, it's what I want to do anyways. But I'm not afraid to let them know that I know my rights as a citizen now.
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Postby steezo » Tue Apr 17, 2007 5:54 pm

Depending on how close the K-9 Unit is, do you really think they will call in the dogs for a potential misdemeanor? They would only use that resource for something if they thought you were dealing and had a trunk full.

He was just being a tough cop yada yada
Only a psychic cop would know if a potential crime was a misdemeanor or not-
AciDBatH666-did you get the feeling the cop was psychic? Perhaps already knowing that there was a misdemeanor being commited? 8)
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Postby black udder » Tue Apr 17, 2007 6:20 pm

I know there are exceptions to this, but for the most part, I believe that you do as the police say and if you've done nothing wrong, nothing will happen.

If folks make the decision to smoke weed, drink while driving or anything else, they know the risks and penalties for such activity.

In this instance, maybe your fatal mistake was being too chatty :)

Just do as he asks, answer his questions and that's it.

I'll give every officer the benefit of the doubt because their job sucks. I don't care what anybody says about what they can do, what they see, who they deal with on a regular basis is nothing I want to deal with. They make less than most boring, safe jobs and yet they are put in danger on a regular basis. Even just pulling somebody over.

I've seen some jackass cops and some nice guys and those in between.
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Postby TexasOutlaw » Thu Apr 19, 2007 1:03 pm

There is a local bar down here that caters to law enforcement to the point where I got to be friends with many. That's the best thing to do. But these guys are certainly not our best people in society. They talk about staying out all night and just finding a hiding spot to park and sleep the day away.

About stopping people just to harass them (they can just MAKE UP the probably cause).

About stopping cars to bet a better look at a lady.

The cops here are not the outstanding student in schools; they are the thugs, trouble-makers, and ex-gang. Some of them still act like it.

I had one guy crank call me for several months...He's local law enforcement!
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Postby steezo » Thu Apr 19, 2007 2:45 pm

I agree with TexasOutlaw, plus cops love to sleep around with others in the force. Just slightly less than swingers- :shock:
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Postby MacCruzer » Mon Apr 23, 2007 8:15 am

So i got pulled over the other day for "not fully stopping" coming out of a gas station..
OK great. he starts interigating big time.
"no officer i have nothing in the car, just headn to a freinds house...." whatever. he runs my liecence... now he says "he pulled me over for suspition"... wait what, what about not stopping.... the whole time hes being "super asshole cop" when i'm being "polite as possible 19 yr. old" and i could tell it bugged him. after then interigateing my passanger big time (no reason, except hes a black kid : ) He then proseeds to say that he's gonna have to search the car.......
me: "I'm sorry officer no offence to you or your job, but i understand my rights and I choose to excercie them and I do not condon to any searchs, if you feel the need to obtain whatever you need to enable you to do this I would then be more than willing to agree to your search at that time."

O man did he hate that, and i just LOVED it. he then asked my freind if he could search him, having nothing to hide and NOT knowing his rights my freind agreed. the cop proceeded by searching him and naging (threats "you'll get in trouble") him trying to make him turn me in or some sh!t!!!!!
Came back and the nice cop he was he just let me OFF with just a warning for not stoping...... "have a great night officer"
END of story
P.S. i would have been i trouble had he searched my car... big time. i love my rights.
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Postby AciDBatH666 » Mon Apr 23, 2007 8:22 am

Wow man. Thats really awesome. Glad to hear it worked in your favor. I hate to say it, but Im almost anxious to tell a cop this.
Glad to see you know your rights and what you can/cannot do.
I hope this thread kind of opened up someones eyes to their rights. I know it has for me.
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Postby Mr.SmOOOth » Mon Apr 23, 2007 12:55 pm

I had a friend who went on ride-alongs with a cop he knows. He told me the cop was spotting people doing things that could get them pulled over constantly: no seat belt, burned out brake light, not signaling turns, not stopping completely, etc.
90% of these cars were not pulled over. Who was? The cars with stickers all over them, the little imports that the kids lower and soup up, run down cars, and after 5 0'clock, guys in work trucks (his rational was they stop to grab a beer on their way home).
Just something to think about. Your vehicle may not stick out in the course parking lot but it could be a red flag on the city streets.
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Postby Jerry R » Mon Apr 23, 2007 2:55 pm

MacCruzer wrote:P.S. i would have been i trouble had he searched my car... big time. i love my rights.


Those liberties are there to protect innocent people not to be a shield to those who choose to only obey laws that don't inconvenience them. FREEDOM = RIGHTS + RESPONSIBILTIES. Diminishing either reduces everone's freedom. It's your responsibility to first obey the law, and second work to get it changed if you don't agree with it. Maybe this will make sense when you have kids of your own and are trying to teach them that "right" is not about not getting caught, it's about doing the right thing.
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Postby Jones » Mon Apr 23, 2007 3:19 pm

Your rights were violated and you could have told him he cannot search. Once you agree to the search, you waive your rights.

I am friends with a few police officers and paralegal and lawyer types(I work in a bar, they are my customers) and it is a general known fact that the ones who like to abuse their power do so by trying to intimidate you by quickly pounding you with questions and statements about you getting into trouble to get you to say yes to the search. They don't want you to have time to think if you don't know what they are trying to do. The likelyhood of them actually getting a warrant to search your car for anything illegal because of window tint is extremely slim. You did the wrong thing by saying yes in my opinion. Most times an officer tries this, he really can't do anything and will go sit in his car leaving you in yours trying to intimidate you further into thinking you actually are in trouble(like he is radioing you in or backup is headed that way or some other nonsense).

Like someone said, he may have given you a ticket for the tint but you can get that tint removed and the fine possibly taken away. Which is worse anyway, a window tint ticket or your friend being caught with illegal substances?

I don't carry anything illegal in my car but that just makes me really angry if I get pulled over for a headlight out or something and all of a sudden he is making me out like I am some sort of big time drug dealer/junkie.

I understand that police officers are out to catch criminals and that it is their job but there has to be a limit somewhere. I totally understand if he pulls you over and your car reeks of marijuana or sees beer cans on the floor or something. Then I call you a dumbass.
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Postby MacCruzer » Mon Apr 23, 2007 3:34 pm

Jerry your point is well stated....
it just bothers me how "some cops" abuse there athority (that they have convinced themselfs is there right as "COP") and expect kids/ people to just roll over and do what they say, even though they know there asking us to twist up our rights and throw them out.
In 1 1/2 yrs i guess i wont have to worry about cops harassing me about that booze thing, and ? yrs for cali to lead by example with that other thing.
i guess i just have to be careful when im finding a resonsable place to do irresposable things. : )
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Postby TexasOutlaw » Tue Apr 24, 2007 8:30 am

Jerry R wrote:
MacCruzer wrote:P.S. i would have been i trouble had he searched my car... big time. i love my rights.


Those liberties are there to protect innocent people not to be a shield to those who choose to only obey laws that don't inconvenience them. FREEDOM = RIGHTS + RESPONSIBILTIES. Diminishing either reduces everone's freedom. It's your responsibility to first obey the law, and second work to get it changed if you don't agree with it. Maybe this will make sense when you have kids of your own and are trying to teach them that "right" is not about not getting caught, it's about doing the right thing.


I agree with you on this one Jerry: I believe rights are there to protect the innocent, not help the others break the law. I need to move where y'all are; here if you don't consent to a search, they make up a reason and search anyway. I guess since I don't have any illegal substances and my guns are declared, I just don't worry about it.

I was thinking of this thread the other day. A few years ago I was cleaning out my car, and in one of the pockets behind the seat was a bag of weed. It wasn't mine, and I had no idea who had stashed it. That's why I don't like riding or hanging out with people that engage in that stuff; in sticky situations they dump it and play innocent. I never did figure out who stashed it there.
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