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Old 01-27-2010, 03:16 AM
 
Location: Bradenton, Florida
27,232 posts, read 46,649,845 times
Reputation: 11084

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Ask Frank Serpico about how good cops are. Or Amadou Diallo. Oh, that's right, you can't ask the second guy, he's just one of a number of people that cops shot to death.
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Old 01-27-2010, 07:54 AM
 
Location: North Las Vegas
1,125 posts, read 1,590,741 times
Reputation: 929
Quote:
Originally Posted by momonkey View Post
A law enforcement officer asking me if I have committed a crime is an investigation. He would have been well within his right to write me a ticket for the plate and any other driving offenses he could find since I was in fact driving.

Since we are guessing what sort of person the other is, I'm guessing you're the sort of suburban know-it-all who goes to jury duty and convicts an innocent person because the cop says he or she is guilty and you believe police don't lie in court.
Okay, last time I am bothering with this one since you seem to have a personal issue with law enforcement.

The officer asked you a question using the reasonable suspicion rule. Most likely (I do know the man, so I can not say for certain) he has run across individuals hiding illegal items in their car who have also had dirty license plates. He most likely asked you about marijuana just to gauge your reaction. Had you acted guilty he most likely would have held you until a police dog could be brought out, all of which is currently very much legal.

As to how I would perform my jury duty, I would review all the facts presented including any information on how the evidence was obtained and base my judgment solely on that.

I still say you were hiding something in the car or just playing wanna be street lawyer, but hey it's the internet you might not even be old enough to drive yet for all we know.
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Old 01-27-2010, 08:27 AM
 
Location: Purgatory (A.K.A. Dallas, Texas)
5,007 posts, read 15,421,033 times
Reputation: 2463
Quote:
Originally Posted by momonkey View Post
That's different. Operating a motor vehicle is a voluntary and licensed activity in which consent is given to investigate traffic offenses implicitly by driving. Since I was stopped for having a dirty license plate, he was free to check the status of my license, insurance, the condition of my vehicle, etc. He may not use the traffic stop to investigate other crime unrelated to the operation of a motor vehicle without probable cause.

You have absolutely no idea what you are talking about, at all.

He may not search your vehicle or you without probable cause, but he can certainly ask any question he feels like.
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Old 01-27-2010, 08:28 AM
 
Location: Hutto, Tx
9,249 posts, read 26,691,351 times
Reputation: 2851
Quote:
Originally Posted by momonkey View Post
According to the Constitution the police are obligated to stay out of my life unless and until they have a specific reason to do otherwise. Stopping me for a dirty license plate is in no way probable cause to investigate me for marijuana possession. Furthermore, he knew that. Had I not asked him why he believed I had marijuana, I'm sure he would have asked to search the vehicle. We all have the right to not be subjected to this sort of at will intrusion by the police into our private lives.
My husband drives a big rig daily. Just last week he said that he has to make sure to keep his truck extremely clean because cops will target dirty, unkempt 18 wheelers or any dirty large truck on the suspicion that the person driving it may have stolen it, doesn't have the proper license to be driving it, is hauling illegal freight of some sort. I'm sure that some cops may act on the same suspicions with passenger cars. It may not be right, but it happens.
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Old 01-27-2010, 08:32 AM
 
Location: Purgatory (A.K.A. Dallas, Texas)
5,007 posts, read 15,421,033 times
Reputation: 2463
I love people that think they know what they are talking about.

It's so funny.
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Old 01-27-2010, 08:58 AM
 
10,545 posts, read 13,583,124 times
Reputation: 2823
Quote:
Originally Posted by momonkey View Post
That's different. Operating a motor vehicle is a voluntary and licensed activity in which consent is given to investigate traffic offenses implicitly by driving. Since I was stopped for having a dirty license plate, he was free to check the status of my license, insurance, the condition of my vehicle, etc. He may not use the traffic stop to investigate other crime unrelated to the operation of a motor vehicle without probable cause.
I was responding to the point someone else made about the legality of dui checkpoints. He's free to ask the question, and if you say no, he can not proceed further, which is what happened.
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