Stopped w/o probable cause...Now how to fight it? (Mission: lawyers, houses)

[TexasHorseLady]

Originally Posted by Fighter 1

Well tell that to the Judges , Cop's , Attorneys and all those high morals Politians. They are adults also ?????

This sounds suspiciously like the "But, Moooommmm, everybody's doing it!" argument, which does not address the fact that with rights come responsibilities.

Just because someone else does something wrong, does that mean that it makes it right for you to?

By the way, back to the original "without probable cause", the OP says they weren't wearing their seatbelt. Seatbelts are pretty easily seen (assuming they are shoulder harness-type seatbelts that most non-classic cars have these days) from someone outside the vehicle - a policeman, especially at a checkpoint, would likely be able to see that you weren't wearing it and that would be probable cause right there.

[Fighter 1]

Originally Posted by TexasHorseLady

This sounds suspiciously like the "But, Moooommmm, everybody's doing it!" argument, which does not address the fact that with rights come responsibilities.

Just because someone else does something wrong, does that mean that it makes it right for you to?

By the way, back to the original "without probable cause", the OP says they weren't wearing their seatbelt. Seatbelts are pretty easily seen (assuming they are shoulder harness-type seatbelts that most non-classic cars have these days) from someone outside the vehicle - a policeman, especially at a checkpoint, would likely be able to see that you weren't wearing it and that would be probable cause right there.

No matter what i say people don't under stand , their laws (the cops) their guide lines , the courts rules govern how and what can be done and how it must be done . a traffic stop must have probable cause or its illegal, thats their laws ! ( who's to say that he didn't take off the belt to get his lisence ??? or something ) in the end the cop's have rules to follow and tooo many times they don't , eventhough they have sworn an oath to uphold the Constitution of the US. there is more to this then just the seat belts.

[Drover]

Your chances of getting out of a ticket are approximately zero. As infuriating and asinine as they are, the constitutionality of roadblocks have long been established. Roadblocks that wave over everyone or cars on a specific interval (every third car) are not "random" so Prouse is inapplicable.

[Drover]

Originally Posted by Trainwreck20

I would have no problem with people not wearing a seat belt, as long as their health insurance was not required to pay for their injuries .

But anyway, unless you can show that the police were stopping everyone, then they can claim they only stopped ones that they saw issues with (and therefore had probably cause).

Showing they stopped everyone would weaken his case, not strengthen it. Unless there's something in the Texas statute that prohibits every car from being stopped at a roadblock. Speaking of which, anyone have a link to the statute?

[Drover]

Originally Posted by Fighter 1

No matter what i say people don't under stand , their laws (the cops) their guide lines , the courts rules govern how and what can be done and how it must be done . a traffic stop must have probable cause or its illegal, thats their laws ! ( who's to say that he didn't take off the belt to get his lisence ??? or something ) in the end the cop's have rules to follow and tooo many times they don't , eventhough they have sworn an oath to uphold the Constitution of the US. there is more to this then just the seat belts.

You patrol these forums giving absolutely hideous legal advice using bizarre, nonsensical, and just plain false legal reasoning to anyone willing to listen to your babbling foolishness. You don't know what you're talking about, so zip it. The constitutionality of roadblocks have been established for decades. See United States v. Martinez-Fuerte, 428 U.S. 543 (1976) and Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990).

[Fighter 1]

Originally Posted by Drover

Your chances of getting out of a ticket are approximately zero. As infuriating and asinine as they are, the constitutionality of roadblocks have long been established. Roadblocks that wave over everyone or cars on a specific interval (every third car) are not "random" so Prouse is inapplicable.

Said just like an "Attorney" As i said before you have been taught well ( weather right or wrong thats another question ? )

[Drover]

Originally Posted by Fighter 1

Said just like an "Attorney" As i said before you have been taught well ( weather right or wrong thats another question ? )

I've cited the relevant case law. You've cited your incoherent assertions. Roadblocks might suck and they might p*iss you off, but they are constitutional.

[woodinvilleguy]

Take it outside, boys.

[theloneranger]

Originally Posted by Fighter 1

Said just like an "Attorney" As i said before you have been taught well ( weather right or wrong thats another question ? )

He has been taught the laws of the State of Texas and of the United States of America.

You may not agree with the laws, but as long as they are on the books, if you break 'em and get caught, you're going to have to pay the price for that.

Roadblocks are constitutional--otherwise they would have to let a child abductor or a murderer or a dangerous drunk driver continue driving without having an efficient way to snare them.

Not wearing a seatbelt is dangerous as well--just more to yourself than anyone else.

[TexasHorseLady]

theloneranger, I tried to give you some rep for that last one, but it wouldn't let me.

If you don't agree with the laws, there are procedures in place for getting them changed. Those procedures aren't generally along the lines of, "Well, I don't like this law so I just won't obey it and I shouldn't pay any consequences if I get caught."