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People look..really..you had to be in a court of law in past..if not welcome to the American justice system. The guy at the head table is called a judge..police officers are called enforcers of the law..what are your odds..unless you pay galore for those who went to college..to challenge all this (a lawyer).
They do get money, it is called "making quota. If you haven't noticed more people tend to get pulled over at the end of the month. Also, the news(can't remember the channel) just had a story on this "quota" thing a few days ago where police are stopping people and giving them bogus tickets. Don't get me wrong there are a lot of good cops out there, but there are some bad ones. Also the departments themselves encourage their officers good and bad to increase certain things and the meaning behind it is usually money. There are always more speed traps and "spot checks around the end of the month. I can always tell how many people a department gave tickets to during the course of the month based on how much activity (traffic) police are involved in at the end of a month. For example, March was a low ticket month in Bayonne, and I can tell this because the last few days of March the police had people pulled over everywhere, one time I saw three cars pulled over on one street less than 1/2 a mile apart.
There's no such thing as a quota. The towns do not even keep the money generated from most tickets, most of it goes to the state.
Your right just because there is a story on the news means it must be true.
You can be pulled over anytime by a police officer...even if you didn't do anything wrong.
It's called a motor vehicle spot check and its legal to do in NJ.
" I commuted everyday 67 miles one way to work..one time I was pulled over (on my way home after 67 miles of driving) for no reason and told its just a motor vehicle spot check, the officer asked where I lived..told him your looking at it..he pulled me over after 67 miles of driving and 8 hours of working right in front of my own house. Told me have a nice nite, not complaining and told him keep up the good work."
Wait a few months when NJ Motor Vehicle Commission stops the state's inspections for vehicle mechanical problems (only emission test needed to be done by state inspections)..it leaves it up to the police now to enforce the mechanical parts...vehicles will be pulled over galore!
Your tail lite is out..sorry $45 fine! ( Bulb cost $1.89 and takes a few minutes to replace..that $45 fine is going to hurt people in the wallet or possible save lives).
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Cops do it all the time because they can always find some excuse, but it's not legal. An ACLU study a while back found that 92% of all cars have something wrong or are doing something that can be used as an excuse.
"Searches," in Fourth Amendment law, are police tactics that infringe on a "reasonable expectation of privacy."
--Encyclopedia of Crime and Justice, 2nd ed. J Dressler, editor. Macmillan 2002
According to attorneys M Belli, AP Wilkinson (Everybody's Guide to the Law. New York: Harper and Row):
A police officer may stop and question a person "only if [the officer] has an articulable and reasonable suspicion [of] criminal activity." Such suspicion does not in itself justify a search of the person. Unless you are actually arrested, a police officer may search ('frisk') you "only if the officer has a reasonable belief that you are carrying a weapon." The standard to justify an arrest--probable cause of criminal activity--is much higher.
The legal standard justifying search of a car is also higher. Unless you give them permission, police may search your car only if they have "probable cause to believe that contraband or evidence of a crime is in your car....Of course, a police officer can't single your car out for no reason...There must be sufficient justification to conduct the search in the first place, or it is illegal. The mere fact that you are stopped for...a traffic infraction does not ordinarily justify a search of the car's interior."
"The plain view rule applies only when the police officer has the right to be where he or she is at the time the officer sees the object." That is, a cop can't come into your back yard and peek into the windows.
"No law is valid or enforceable if it is contrary to the provisions of the federal Constitution."
(Quotations from M Belli, AP Wilkinson. _Everybody's Guide to the Law_. New York: Harper and Row, 1987.)
Not only the U.S. constitution, but many state constitutions protect a person's rights in this respect.
"The law permits a police officer to approach a person in a public place to request information if there is a reasonable suspicion that the person is committing, has committed, or is about to commit a crime. The officer may demand the person's name, address, and an explanation of his or her actions. The person, however, is NOT required to answer and has the right to remain silent under the U.S. and New Jersey constitutions." The New Jersey Supreme Court has ruled that "a suspect DOES have to know of his or her right to refuse a search before it can be considered consensual."
"In decisions interpreting constitutional guaranties, courts have decreed that in cases in which there is evidence of police misconduct involving a search or arrest, it is preferable to allow the accused who might be guilty to go free than to condone improper police conduct. These decisions maintain that to convict someone under such circumstances would encourage police misconduct, and to allow lawbreaking by police officers under any circumstances places all of society in danger and destroys the very nature of our system of justice."
"...in an incident involving police misconduct...your attorney may also advise you to file a formal complaint with the police department involved. There are also civil remedies. A federal statute creates a right to sue if constitutional or civil rights are violated by a person acting 'under color of state law'. This includes police officers who are employed by a municipality or the state and may include their supervisors and the municipality that employs them. Suits under this law (often called Section 1983) may be brought in either federal or state court and must be filed within two years of the incident."
(Quotations from _You and the Law in New Jersey_, MD Miller, LA Holness, Rutgers University Press, 1998.)
-------------------------------------------------------------------------------
Cops do it all the time because they can always find some excuse, but it's not legal. An ACLU study a while back found that 92% of all cars have something wrong or are doing something that can be used as an excuse.
"Searches," in Fourth Amendment law, are police tactics that infringe on a "reasonable expectation of privacy."
--Encyclopedia of Crime and Justice, 2nd ed. J Dressler, editor. Macmillan 2002
According to attorneys M Belli, AP Wilkinson (Everybody's Guide to the Law. New York: Harper and Row):
A police officer may stop and question a person "only if [the officer] has an articulable and reasonable suspicion [of] criminal activity." Such suspicion does not in itself justify a search of the person. Unless you are actually arrested, a police officer may search ('frisk') you "only if the officer has a reasonable belief that you are carrying a weapon." The standard to justify an arrest--probable cause of criminal activity--is much higher.
The legal standard justifying search of a car is also higher. Unless you give them permission, police may search your car only if they have "probable cause to believe that contraband or evidence of a crime is in your car....Of course, a police officer can't single your car out for no reason...There must be sufficient justification to conduct the search in the first place, or it is illegal. The mere fact that you are stopped for...a traffic infraction does not ordinarily justify a search of the car's interior."
"The plain view rule applies only when the police officer has the right to be where he or she is at the time the officer sees the object." That is, a cop can't come into your back yard and peek into the windows.
"No law is valid or enforceable if it is contrary to the provisions of the federal Constitution."
(Quotations from M Belli, AP Wilkinson. _Everybody's Guide to the Law_. New York: Harper and Row, 1987.)
Not only the U.S. constitution, but many state constitutions protect a person's rights in this respect.
"The law permits a police officer to approach a person in a public place to request information if there is a reasonable suspicion that the person is committing, has committed, or is about to commit a crime. The officer may demand the person's name, address, and an explanation of his or her actions. The person, however, is NOT required to answer and has the right to remain silent under the U.S. and New Jersey constitutions." The New Jersey Supreme Court has ruled that "a suspect DOES have to know of his or her right to refuse a search before it can be considered consensual."
"In decisions interpreting constitutional guaranties, courts have decreed that in cases in which there is evidence of police misconduct involving a search or arrest, it is preferable to allow the accused who might be guilty to go free than to condone improper police conduct. These decisions maintain that to convict someone under such circumstances would encourage police misconduct, and to allow lawbreaking by police officers under any circumstances places all of society in danger and destroys the very nature of our system of justice."
"...in an incident involving police misconduct...your attorney may also advise you to file a formal complaint with the police department involved. There are also civil remedies. A federal statute creates a right to sue if constitutional or civil rights are violated by a person acting 'under color of state law'. This includes police officers who are employed by a municipality or the state and may include their supervisors and the municipality that employs them. Suits under this law (often called Section 1983) may be brought in either federal or state court and must be filed within two years of the incident."
(Quotations from _You and the Law in New Jersey_, MD Miller, LA Holness, Rutgers University Press, 1998.)
An ACLU study a while back found that 92% of all cars have something wrong or are doing something that can be used as an excuse.
A stupid comment from a lawyer. what a surprise. Not that I have any respect for him in the first place but he admits there is an enforceable violation. But the stop is illegal. Now that's bright.
Add to that the study is highly inaccurate and suspect. I'd trust an ACLU study as much as one done by a two year old. What defects are taken into consideration? Did tyhey tear down the car and find a o2 sensor faulty? 92 percent of the vehicles on the road don not have an Observable Defect.
Is it legal for a cop to pull you over without you breaking any laws?
Quote:
Originally Posted by carlo2009
People look..really..you had to be in a court of law in past..if not welcome to the American justice system. The guy at the head table is called a judge..police officers are called enforcers of the law..what are your odds..unless you pay galore for those who went to college..to challenge all this (a lawyer).
There's no such thing as a quota. The towns do not even keep the money generated from most tickets, most of it goes to the state.
Your right just because there is a story on the news means it must be true.
There is such thing as a quota. It is arguable that most money generated by tickets "goes to the state", but even if that statement was true, funding is determined by how much activity (criminal and traffic) that a police forces takes on. If an area sees a significant drop in crime and traffic violation then funding from the federal government which is then given to the state and they regulated that founding and given to departments they see as "needing it". That's where the quota comes in. Every story on the news isn't true, but when they have information coming from a cop that works there and video evidence then I think it is safe to say that one is true.
QUOTAS ARE ILLEGAL. I'm not talking about NYPD, I'm talking about New Jersey. I have no idea how NYPD operates so I'm not going to comment on it. (Just as a side note, I now numerous NJ police officers that have not written a ticket in years). This thread is getting really old, we all know you don't like police or any law enforcement and that will probably never change. Also, your ideas about how federal grant money works is a bit skewed, there are several factors that go into that various grant programs (each have different criteria, etc.) but I'm not getting into it. Do some research, the tickets you received have state statutes written on them, therefore, most of the money goes to the state. Municipalities will get some money for certain violations (inspections, seatbelts, DUIs) but most is going to the State of NJ. Good luck with your original tickets when you go to court.
driving w/o a license.
there is a good reason.
how did he know?
good instincts.
how does a custom officer know you got a kilo in the backpack?
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Is it legal for a cop to pull you over without you breaking any laws?
