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 california police
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| Author | Topic: california police |
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Marcs25 Amateur Bodybuilder (Total posts: 1) |
posted April 26, 2000 08:21 PM
  
does anyone here know what police officers can and cant do. for example i get pulled over for no reason and im told to get out of the car . i say what did you pull me over for he says loud exhaust , im thinking to myself thats bullshit cause my car is a 1966 and its not that dam loud oh well maybe he doesnt know, and im thinking why do i have to get out of the car for loud exhaust , so i dont argue cause im not sure what the law is and i dont have anything to hide, so he pats me down and checks my pupils and pulse. and then does the same to my buddy. then checks us both for warrants, im sittin on the curb freezin my ass off and im startin to get pissed cause its cold and this is bullshit waste of time after about 15 mins im told im not gonna ticket you cause your car is old and your free to go. so did i have to get out of the car? [This message has been edited by Marcs25 (edited April 26, 2000).] IP: Logged |
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moe dank Pro Bodybuilder (Total posts: 209) |
posted April 26, 2000 09:09 PM
yes i think you are required to get out of your car at the request of a officer. You dont have to let them search you or your car though. they can pat you down for weapons, but cant dig in your pockets unless they feel something that may be a knife or a gun ie something hard like metal. I would like to know the answer too, cause i am not sure.......for the cops on the board, do ya! IP: Logged |
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spoonman Pro Bodybuilder (Total posts: 185) |
posted April 27, 2000 05:27 AM
Moe pretty much hit it on the head. In Pennsylvania v. Mimms (1977) � the U.S. Supreme Court held that if a person is lawfully pulled over, the officer may order the driver out of the car because it is minimally intrusive to the driver, and also for officer safety. But remember cops can pull you over only if they have reasonable suspicion to believe a law is being violated. The courts give them alot of leeway in this area (weaving, thinking driver maybe DUI, loud pipes, etc). Once they have that RS and pull you over then they get more leeway - but only for OFFICER SAFETY. They can ask you out and do a "Terry Patdown" (From US Supreme Court case Terry v. Ohio.) A Terry stop and frisk is an over the clothes only search. This is for weopons only. No manipulation of objects in the pocket can be done or this would violate the 4th amendment. You see this violation all the time on COPS. But who's the judge gonna believe - The cop or Crackhead Bob who says -"He illegally terry patting me, yo honor." Also they can't do a pretext stop - say they pulled you over for traffic violation but really it was for profiling. Example - DC case cops pulled over 2 black guys driving a big ole caddy in a known drug neighborhood saying it was for suspicious driving. Laywer got the cop on the stand and he admitted it was because they looked like delaers (which they were). Result - the drugs found were thrown out under 4th Amendment's exclusionary rule. Also this - in Delaware v. Prouse the police stopped a car just to check license and smelled and seized marijuana in plain view. Court held unreasonable search b/c no RS or PC existed for stop in the first place. It was pretextual.
BUT REMEMBER ---- NEVER, EVER, EVER, GIVE PERMISSION TO SEARCH. This is just like saying "sure officer send me to the clink. Because if they ask they got shit on you. If you say yes its consent and they can search. Remember if they had PC to search they would't even ask for your permission, they'd be all over your car. It pisses me off to no end to see these stupid fucks on COPS give consent searches and then get busted when the cops find shit in there. IDIOOOOOOOOTTTTTSSSS!!!!!!!!!!!! So I hope I saved someone here today - NEVER give consent. And they will press your ass too - "c'mon if you got nothing to hide let us search". Just say no bros. We got the 4th Amendment behind us. They got shit or else they wouldn't ask.
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Peanut Pro Bodybuilder (Total posts: 105) |
posted April 27, 2000 09:16 AM
I had a run in with the CHP when I lived in San Diego. I was pulled over at 1 A.M. on a Saturday morning on Pacific Coast Hwy. I will admit that there was suspision to pull me over because I was bringing some drunk people home in the back of my truck. We had been at a party and for some reason I was not drinking but I had a few friends that got plastered and needed a ride home. I didn't have room for all of them in my truck so some of them hopped in the back. To make a long story short, I was pulled over, patted down, and my truck searched without my permission. I told them the story that I had not drank the entire night, they did all their sobriety test to confirm that, and that I was doing the public a favor by keeping these drunk people off the road. I ended up getting a ticket for having passengers in the back of my truck and the fucking pigheads wouldn't let me take the guys home, I was only about two miles from their house. I asked the cops if they would bring them home, they said no; I asked them if they would call a cab for them, they said no; I asked them if I could pick them up and bring them home after they left, they said only if you want to go to jail. The guys ended up flagging a cab down so they didn't have to walk to far. My one and only encounter with the CHP, rules and laws don't mean shit, they can do whatever they want whenever they want and get away with it. Who is a court going to believe, me or the police. If there are any CHP's on this board, I'm sorry but I have zero respect for you counterparts. IP: Logged |
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Cleaner Pro Bodybuilder (Total posts: 107) |
posted April 27, 2000 05:28 PM
Ill try and make a short story of My Carring a Concealed weapons charge. My cousin was having a party out in the county. City kid written all over my ass. We carry our selves different. Called me up and asked me to come out. I went out to have a good time, got there and they were out of beer. No biggie my cousin tells me to load up with his buddie which I have never meet and take off. We go the 1/8 mile to the local 7-11 and buy a couple cases. On the way out Dave my cousins friend says fuk as we see a county cop has just pulled in. I think no big f-in deal. We get in the car and start to leave. Dave tells me he had a run in with that same cop the night before and realy got under his skin. Well unknown to myself I had a tail lightout. We were pulled over for that, I am advid bow hunter and had in tha car at the time - my bow, gym bag with camies and other related hunting stuff as well as a 5 inch hunting knife. Well thinking that I had nothing to hide, and wanting to clear all problems I said yes to search my car. They exclaimed that they thought we were involded in robbery. Well asshole tearing my car apart and his captain shows up and takes me aside and wants to know whats up between these two idiots. I tell the captain that I had never meet iether of them before 20 mins. ago. Well mr. copper pulls out my duffle and finds the knife - cuffs me and tells me that he's booking me on a CCW. Even his captain was asking him to drop it, that it was that stupid. The cop explains that he can't stand this guy Dave so he is going to take it out on me. So the knife is exactly 1-inch to long and was packed away out of sight - so it constituted a concealed weapon. I spent alot of money on attorneys and got realy screwed. I spent a couple years were it was very difficult to get a good job. At the end of my probation, I got the recorded cleared - it was a very long three years. No one well search my Car without a warrent again. PS - I spent the night in jail and dipshit Dave got to drive my car and beer back to the party. About a week later my cousin came down to party with me and brought Dave - I got even with Dave. IP: Logged |
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Stone Amateur Bodybuilder (Total posts: 7) |
posted April 27, 2000 05:59 PM
They are fishing. Hoping to catch someone who might be guilty of anything. You have no rights. It used to be that the police could not pull you over unless they have a legitimate reason. But it all comes down to their judgement and they are the judge and jury when it comes to traffic violations. Face it, this is a police state, and they can do what ever they want to and justify it with bull shit and you have no recourse to fight it. Only the poor go to jail and the rich powerful people get off scott free. Think about that when you don't vote. Then vote for the person you believe will put an end to government sponsored harassment. IP: Logged |
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Karate guy Pro Bodybuilder (Total posts: 191) |
posted April 28, 2000 07:32 PM
You shoulda just punched it and peeled away givin him the finger the whole time, LOL IP: Logged |
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