One of my friends recently got pulled over by a cop. She was driving safely and obeying all the traffic laws, her car was in good shape (no lights out or anything), but the cop claimed she was driving suspiciously. And in fact I'm sure it did look suspicious. She was repeatedly driving around a few adjacent blocks at 2 AM, going slowly and sort of scanning the side of the road. She was actually looking for a parking space, but if you didn't know this I'm sure it'd seem pretty weird. Anyway, I was just curious, is this legitimate justification for a cop to pull you over?
question on getting pulled over
- Thread starter cyborgasm
- Start date
freddythekruger
Well-Known Member
cops can pull you over for any reason. any whatsoever. in my opinion its not justified, but in the cops it was... i've gotten pulled over for going 2 mph under the speed limit once. and a couple months before that i got pulled over for going 2 mph over the speed limit. and a couple years before that i got pulled over because i stared a cop down (he said it was because i had an air freshener hanging from my rear-view mirror, but proceeded to shake us down for pot for a half hour.)
thephantompain1990
Well-Known Member
for once i agree with the cop...it was 2 am and he sees a car going slow through the same neighborhood multiple times...it looks like youre scouting houses to rob them...
not saying its right that they can pull you over for something like that
but i can see why he did
not saying its right that they can pull you over for something like that
but i can see why he did
DarkSarcasm420
Well-Known Member
i agree a good way to keep out of trouble and not have to worry is to keep your shit at your house. dont take it anywhere. this way a minor traffic ticket will stay that way. it wont become a possession ticket or worse.
nathenking
Well-Known Member
I also agree with the pig, it looked suspicious and he did what he thought was right. anyways, I also feel that cops pull people over when ever the heck they feel like it. Especially black men. Fuck those 50's
freddythekruger
Well-Known Member
the fuck they can't. all they have to do is say i smell marijuana coming from your vehicle. even if its a lie they now have probable cause to search...
la9
Well-Known Member
Agreed, they can pull you over for anything, the most important thing to know is to never ever give them permission to search the car. Don't mumble, look away (it could be taken as a nod yeas), Always say firmly "No, not unless you have a warrant, if you have any questions you can ask my lawyer"
People get busted all the time for letting them search the car when most of the time the cop was just fishing to see what you would do. Don't ever think you have it hidden well enough, or by being honest they will take it easy on you.
Always remember to use your right to remain silent, just always remember their job is to collect evidence for the prosecuting attorney, they will try to get you to say or do anything that will help the case against you, not for you, from the time they pull you over till the time you are walking out of the police station. If you want to stay out of trouble only let your lawyer answer questions. You have to give them your name by law and one other thing I can't remember right now but other than that don't talk.
People get busted all the time for letting them search the car when most of the time the cop was just fishing to see what you would do. Don't ever think you have it hidden well enough, or by being honest they will take it easy on you.
Always remember to use your right to remain silent, just always remember their job is to collect evidence for the prosecuting attorney, they will try to get you to say or do anything that will help the case against you, not for you, from the time they pull you over till the time you are walking out of the police station. If you want to stay out of trouble only let your lawyer answer questions. You have to give them your name by law and one other thing I can't remember right now but other than that don't talk.
jesus420
Well-Known Member
nah PC has to be established in court at trial. so even if he says he has PC it's very hard to prove (if you have a decent lawyer) esp with regards to DUI/DWI for alcohol or marijuana. for PC to search he has to see something suspicious, i've been searched (i consented to the search) for having tinfoil under my passenger seat before, now whether or not he could defend that PC in court idk but i know it's more stringent than whatever the cop says goes
freddythekruger
Well-Known Member
if you get busted with pot even after he lies and says he smells it, nobody is going to question whether he really did smell it or not. he doesn't really have to prove it at all. the proof is that his hunch was right and he found some. what the cop says really does go.
specialkayme
Well-Known Member
Some of you have your facts a little messed up. No offense, I just know what I'm talking about, so I'm going to take them one by one, if you don't mind.
Cops can't exactly pull you over for ANY reason. Physically, yes they can pull you over if you are going 0.5 mph under the speed limit, but technically it's not legal to do so. If you are going OVER the speed limit by any amount, they can pull you over, but if you are going under the speed limit, the cop can only pull you over if you are restricting the flow of traffic. Most cops won't bother unless they are a) bored, b) fishing for something else, or c) you are going like 1/2 the speed limit. C is justified, but A and B will be thrown out in court. He CAN pull you over, but he can't get away with it.
I did an internship with the highway patrol. We spent 25 minuites following a 'drunk driver', just waiting to notice something wrong. He was doing the speed limit and his car was in proper operating condition, and he was staying in the lines. It took the cop 25 minuites before he got to a well lit area and could tell his tires were bald. He got pulled over and arrested. The lawyer threw the charges out, because no one could tell that a set of tires are 'bald' when they are going 55 mph at 2:30 am.
The cop needs a reason, any legitimate reason, to pull you over. But searches are a little bit different. They can look around your car and if they see or smell anything illegal, then they can search your car. Your body can only be patted down, looking for illegal weapons. They can't reach in your pockets or anything. Again, they can't LEGALLY do it, physically of course they can, and often do.
But back to cars. If when the cop pulls you over and sees a bong in your back seat, bingo, your done. But the cop realizes that if whatever he sees is somewhat iffy, such as rolling papers (could be used for either cigs or joints), it could get thrown out in court. So, he will probably ask you for your consent to search, which if you give it then you waive your rights and anything he finds he can use in court. But if his search is illegal (say he just randomly says he smells pot, then finds cocaine), anything he gets as a result is illegal.
He also needs an actual search warrant to look in your locked glove compartment and locked trunk. It also gets very iffy when it comes down to locked bags (or breifcases) that is located in the trunk. Courts still flip between what's legit and what's not, I forget off the top of my head what it is now, if someone wants to know I can look it up.
Exactly, you got it right.
My friends client had his car illegally searched. He called 911 while the cop was doing the search, refused to talk to the operator, and just kept repeating "You do not have my consent to search my car" and "Please get out of my car". He found some pot, but the 911 operator recorded the call, and was admissible as evidence in court. The client got away.
If you think the cop is being a dick, and might search your car anyway, roll up the windows, lock the doors, and just wait. If he tells you to open up, tell him to go get a search warrant. He probably won't have enough information to get a judge to back him up, and he can probably get 20 other people in the time it would take a judge to approve it, so more than likely the cop would write a ticket, put it under your wiper, and drive away. If the cop really thinks he has something on you, or is really bored, then it's totally different. Again, this is a LAST RESORT, please don't do this over nothing.
Cops can't exactly pull you over for ANY reason. Physically, yes they can pull you over if you are going 0.5 mph under the speed limit, but technically it's not legal to do so. If you are going OVER the speed limit by any amount, they can pull you over, but if you are going under the speed limit, the cop can only pull you over if you are restricting the flow of traffic. Most cops won't bother unless they are a) bored, b) fishing for something else, or c) you are going like 1/2 the speed limit. C is justified, but A and B will be thrown out in court. He CAN pull you over, but he can't get away with it.
I did an internship with the highway patrol. We spent 25 minuites following a 'drunk driver', just waiting to notice something wrong. He was doing the speed limit and his car was in proper operating condition, and he was staying in the lines. It took the cop 25 minuites before he got to a well lit area and could tell his tires were bald. He got pulled over and arrested. The lawyer threw the charges out, because no one could tell that a set of tires are 'bald' when they are going 55 mph at 2:30 am.
The cop needs a reason, any legitimate reason, to pull you over. But searches are a little bit different. They can look around your car and if they see or smell anything illegal, then they can search your car. Your body can only be patted down, looking for illegal weapons. They can't reach in your pockets or anything. Again, they can't LEGALLY do it, physically of course they can, and often do.
But back to cars. If when the cop pulls you over and sees a bong in your back seat, bingo, your done. But the cop realizes that if whatever he sees is somewhat iffy, such as rolling papers (could be used for either cigs or joints), it could get thrown out in court. So, he will probably ask you for your consent to search, which if you give it then you waive your rights and anything he finds he can use in court. But if his search is illegal (say he just randomly says he smells pot, then finds cocaine), anything he gets as a result is illegal.
He also needs an actual search warrant to look in your locked glove compartment and locked trunk. It also gets very iffy when it comes down to locked bags (or breifcases) that is located in the trunk. Courts still flip between what's legit and what's not, I forget off the top of my head what it is now, if someone wants to know I can look it up.
Exactly, you got it right.
My friends client had his car illegally searched. He called 911 while the cop was doing the search, refused to talk to the operator, and just kept repeating "You do not have my consent to search my car" and "Please get out of my car". He found some pot, but the 911 operator recorded the call, and was admissible as evidence in court. The client got away.
If you think the cop is being a dick, and might search your car anyway, roll up the windows, lock the doors, and just wait. If he tells you to open up, tell him to go get a search warrant. He probably won't have enough information to get a judge to back him up, and he can probably get 20 other people in the time it would take a judge to approve it, so more than likely the cop would write a ticket, put it under your wiper, and drive away. If the cop really thinks he has something on you, or is really bored, then it's totally different. Again, this is a LAST RESORT, please don't do this over nothing.
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