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Old 07-16-2010, 01:13 PM
 
705 posts, read 1,110,100 times
Reputation: 321

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Quote:
Originally Posted by cityrover View Post
Horton is about probable cause to issue a warrant and the scope it covered you Moron

The issue was surpressing evidence seized outside the warrant once the cops were already there, Moron.

You 'sir' are a class A Moron.
You sound like proverbial the pot calling the proverbial kettle black, see this site

Plain view doctrine - Wikipedia, the free encyclopedia

It clearly identifies the Horton case with the Plain View Doctrine, ergo the "Horton Test";


The plain view doctrine allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation.




For the plain view doctrine to apply for discoveries, the three-prong Horton test requires:
  1. the officer to be lawfully present at the place where the evidence can be plainly viewed,
  2. the officer to have a lawful right of access to the object, and
  3. the incriminating character of the object to be “immediately apparent.”
In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view. In Arizona v. Hicks, 480 U.S. 321 (1987), the officer was found to have acted unlawfully. While investigating a shooting, the officer moved, without probable cause, stereo equipment to record the serial numbers. The plain view doctrine has also been expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.[1]
In Horton v. California 496 U.S. 128 (1990), the court eliminated the requirement that the discovery of evidence in plain view be inadvertent. Previously, "inadvertent discovery" was required leading to difficulties in defining "inadvertent discovery." [2]

I don't know where your getting your reference info from but I'd be glad to clarify any issue or topic you're not clear on, I've been teaching traffic law, search and seizure, traffic enforcement, along with numerous other topics for years at the local regional academy, so I'm sure I can point you in the right direction.

I guess I could respond to your observation by saying that you'd therefore be a type I moron yourself, huh.

Last edited by axemanjoe; 07-16-2010 at 02:36 PM..
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Old 07-16-2010, 04:55 PM
 
Location: sowf jawja
1,941 posts, read 9,237,980 times
Reputation: 1069
Quote:
Originally Posted by cityrover View Post

You 'sir' are a class A Moron.

you guys gotta be careful with that. while i realize most of us can dish it and take it without getting in a twist, some, or one, of the mods will lock you out for a few days over that stuff; or at least to me they do.
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Old 07-16-2010, 08:40 PM
 
705 posts, read 1,110,100 times
Reputation: 321
Quote:
Originally Posted by southgeorgia View Post
you guys gotta be careful with that. while i realize most of us can dish it and take it without getting in a twist, some, or one, of the mods will lock you out for a few days over that stuff; or at least to me they do.
In Law Enforcement, quite often we say "Ya gotta cosider the source."
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Old 03-16-2011, 07:36 AM
 
1 posts, read 2,112 times
Reputation: 10
Grave digging but this thread shows up when searching "Alpharetta Tint Fine"...

I was stopped by GSP for windows only. My windows were tinted 15% in front. Pretty frustrating to sit there and watch car after car with the same level of tint go by while he was writing the ticket. My car is a commuter beater so there is no question in my mind he was profiling since I did nothing else to break the law. I asked the officer directly if there was any difference between my beater 98 Jetta and the BMWs, Mercedes, and Porches going by with the same tint. He didn't look me in the face when he said "nope, just stopped you for your windows".

Anyway, the point of my post is to let you know what to expect when going to Alpharetta Municipal Court for the same charge. You just need to show the clerk in the payment booth a photo of "your" car or other proof that you had the tint removed and pay a $50 fine.

I could not find a single post or website with that information on it including the cities own web site. Hope that helps someone. Now my car looks even more ghetto with my drivers window stripped.
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Old 03-16-2011, 03:57 PM
 
Location: Marietta, GA
7,887 posts, read 17,187,009 times
Reputation: 3706
Quote:
Originally Posted by dzel View Post
I was stopped by GSP for windows only. My windows were tinted 15% in front. Pretty frustrating to sit there and watch car after car with the same level of tint go by while he was writing the ticket. My car is a commuter beater so there is no question in my mind he was profiling since I did nothing else to break the law.
Give me a break, please? You admit you have 15%...very dark tint...on your FRONT windows. And you don't understand what you did wrong or why you were pulled over?

He wasn't "profiling" you for any other reason that you broke the law in a very obvious way, and cops are especially sensitive about the front windows. They are the ones who take the bullet. Are you trying to say you were somehow targeted and did nothing wrong? Time to come back to reality.

I have legal tint on my vehicle, and I pay attention to other cars on the road, and there are not many other cars on the road with 15% on the back, let alone the front window. If you don't want to be "profiled" then don't flaunt your disregard for the law...simple enough.
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Old 03-17-2011, 01:18 AM
 
Location: Acworth
1,352 posts, read 4,373,576 times
Reputation: 476
Quote:
Originally Posted by dzel View Post
Grave digging but this thread shows up when searching "Alpharetta Tint Fine"...

I was stopped by GSP for windows only. My windows were tinted 15% in front. Pretty frustrating to sit there and watch car after car with the same level of tint go by while he was writing the ticket. My car is a commuter beater so there is no question in my mind he was profiling since I did nothing else to break the law. I asked the officer directly if there was any difference between my beater 98 Jetta and the BMWs, Mercedes, and Porches going by with the same tint. He didn't look me in the face when he said "nope, just stopped you for your windows".

Anyway, the point of my post is to let you know what to expect when going to Alpharetta Municipal Court for the same charge. You just need to show the clerk in the payment booth a photo of "your" car or other proof that you had the tint removed and pay a $50 fine.

I could not find a single post or website with that information on it including the cities own web site. Hope that helps someone. Now my car looks even more ghetto with my drivers window stripped.
take photos of your car before you tint, preferably in a garage or parking deck so it can be season independant.

and gsp ruins everybody's day. ignore them. only way to deal with them.
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Old 03-17-2011, 06:56 AM
 
Location: Marietta, GA
7,887 posts, read 17,187,009 times
Reputation: 3706
Quote:
Originally Posted by cityrover View Post
and gsp ruins everybody's day. ignore them. only way to deal with them.
Yeah, those damn GSP guys...how dare they enforce the law? How about folks "deal with them" by not breaking the law?

Gee, what a boring, middle aged, suburban idea.
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Old 03-20-2011, 10:07 PM
 
2 posts, read 4,149 times
Reputation: 10
how much does the tint ticket cause in Georgia? I bought the car and windows were tinted
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Old 03-20-2011, 10:17 PM
 
2 posts, read 4,149 times
Reputation: 10
Angry Get over it Racist

Just because windows are tinted doesn't mean everybody are bad . regardless of the color of a person. If you can afford it than why not, and I can understand why police feel the way they do but because they are not pink dossen't mean they are bad people. We all bleed red.
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Old 03-21-2011, 05:33 PM
 
Location: Marietta, GA
7,887 posts, read 17,187,009 times
Reputation: 3706
Quote:
Originally Posted by waanda View Post
Just because windows are tinted doesn't mean everybody are bad . regardless of the color of a person. If you can afford it than why not, and I can understand why police feel the way they do but because they are not pink dossen't mean they are bad people. We all bleed red.
It has nothing to do with people being "bad" or anyone's race. There are laws in all 50 states that define the legal tint % and reflectivity that can go on front and back windows. States define those limits because of night vision and the safety of police officers. Everyone knows the limits, and if you decide and make a voluntary decision to break the limits and install illegal tint, then expect a ticket.

Would you want to be a cop, walking up to a car with blacked out windows at night?

It's not personal...time for folks to grow up.
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