If an officer asks if you have guns in the car....

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I don’t have time for you to call your attorney, the road side is not a court room, if you want to turn a traffic stop into an epic size OJ style legal battle then you will got to jail for whatever traffic offense I pulled you for plus obstruction and I’ll watch the State Court Judge look at you in disbelief then sentence you to 1 to 12 months in jail, after I tell him what you did and why I arrested you for misdemeanor obstruction.
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Done
Close the thread,
No more comments needed. Welcome to the police state where you have no rights. And only the rich can afford justice.Expectation of Privacy is a fallacy and In one persons word against yours if you ahve a badge your telling the truth and the other person is lying, Automatically.

But 16-year-old Chris Mogren said he was pressed up against a 6-foot-high cyclone fence when he was shocked in the arm. It happened when he and a throng of Ute revelers were trying to enter the field.

The officers stunned "whoever was up against the fence," he said.
Mogren said he saw 10 to 15 other Utah fans get shocked.

"We weren't trying to break anything, or to tear down the goal posts or destroy the field," he said. "We just wanted to be over by the team."

The ASU Police Department maintains that anyone who was shocked must have been actively fighting with officers, per the department's policy, Jennings said.
 
I understand the sentiment, why me, and am not in disagreement with it. But, we do live in a society and must interact with other people, many of whom are in positions of authority. You can't get away from it. Sure, there are and will continue to be abuses. That said (tm), I wouldn't consent to a search of my person or vehicle whether or not I was doing anything illegal.

Point is, you can't just throw up your hands and assert you have no rights just because somebody, somewhere may have authority over you at that given moment.
 
In the past on nearly all cases where I locked up someone for obstruction on a traffic stop which went to state court or even in city court for that matter all I did was ask the judge to allow me to play the tape of the traffic stop complete with audio of both me and the suspect.

Normally I didn’t have to say much beyond that unless the court wanted to read my report, which I kindly do.

No conspiracy there it’s just you, me, lights, camera, action!!!
 
I consent to searches

because i have no other choice. If you think you do you are wrong and you will end up in more trouble.
I dont like it but that is the way it is.
The old caveat "if you ahve nothing to hide you have nothing to fear" is crap.
It is that sentiment which erodes our rights every year.
 
Maybe my teenage son and his buddies

Used the car last night. Maybe his buddies left a marijauna butt in there.
Didnt have time to look thru car since im already running late for work. Especially now that you pulled me over for my license plate light not working.
 
Serious answer here not trying to be sarcastic.

I don’t have time for you to call your attorney, the road side is not a court room, if you want to turn a traffic stop into an epic size OJ style legal battle then you will got to jail for whatever traffic offense I pulled you for plus obstruction and I’ll watch the State Court Judge look at you in disbelief then sentence you to 1 to 12 months in jail, after I tell him what you did and why I arrested you for misdemeanor obstruction.
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Serious answer here, good luck with that Malicious Prosecution, my attorney and I will have your badge in that courroom.

You may direct me to hang up my cell phone, and place me under arreast for the traffic offence, if you are prepared to demonstrate that arreasting someone taking 5th ammendment protections for a burnt out tail light is not cruel or unusual.

If however you intend to arreast me for obstruction for saying "I want to talk to my attorney", good damned luck!

If talking to one's attorney is considered obstruction, then please be prepared to demonstrate in a court of law how that is so.


Why do I have a bad feeling the in-car camera's tape may get 'lost'?
 
A police office made that statement.

Is anyone else concerned about it?
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THANK YOU!!!!! For pickup up on that!!!

Now go one further and reverse the situation and apply that statement to everything that has been posted here so far.

Not to mention the fact that I am TELEGRAPHING big time here about what to do when you meet an impossible cop, but I’m trying to keep you out of jail!!!

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“Why Not†let me tell you a true story; I actually locked up a guy one night for loitering and pedestrian in the roadway and upon searching him I found a dime bag of weed, he proceeds to tell me that “these are not his pants, they are his cousins.â€

The judge actually laughed at that one and told the gent that was possibly the weirdest excuse he had ever heard then stopped and said, now just based on the insane possible assumption that you could be telling the truth I have to ask one question, what were you and your cousin doing together with your pants off.

The guy just hung his head and stated that the weed was in deed his, he had bought it earlier at a house a few block over from where we stopped him.

If I had a dollar for the number of times I’ve been told hey man not my car, it’s my dads/moms/brothers/cousins/neighbors or my dad/mom/brother/cousin/neighbor used my car last it must be his/her/theirs I’d be rich.

You see, where I am going with this is that again, your fellow man has polluted this potential situation to the point that I hear it everyday that we just say okay you can tell it to the judge, the charge is possession of marijuana all I have to prove is the possession part.


Be careful who you let use your car

Also you the operator of the vehicle not the owner but the operator is responsible for anything in and on that vehicle at the time it is in motion.

You borrow your buddy’s car, I pull you 6 hours late for no headlights, they don’t work, and you get the ticket. I don’t go to his house and give it to him, you were in control of that vehicle at the time I discovered the violation.

Same for the weed


You borrow your buddy’s car and dump a bag of weed in the back, he gets pulled next day, and he gets the charge.

Now if you want to come to his court and testify that it was yours and you take responsibility for it that he in fact did not know it was there I’m sure the judge would drop the charges on your buddy, then lock you up.

And tell your buddy to find some new friends.
 
if you are prepared to demonstrate that arreasting someone taking 5th ammendment protections for a burnt out tail light is not cruel or unusual.
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It’s GA law, if you would take the time a read this post completely you will see that I have ALREADY posted that law in response to a question about arrests on traffic offense.

If talking to one's attorney is considered obstruction, then please be prepared to demonstrate in a court of law how that is so.
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Sure thing, as I said before the roadside is not the courtroom and it is definitely not your attorneys officer.

The applicable law is OCGA 16-10-24 go read it yourself
 
I can't help but wonder what folks are doing that makes an LEO want to search their cars.

I get stopped for speeding far more often than I like to, and have yet to have any officer ever do anything but write a ticket. Fortunately, more warning tickets than "real" tickets.

Even during comings and goings during deer season, no stop ever resulted in any sort of question about guns, or any request to search. That's during a forty-year period, too...

US Customs upriver at Presidio, Texas? 'Nuther story. That must be a punishment-tour location, 'cause those folks are plumb sour. But they found out that crawling around under a truck on a creeper when we've had rainy weather in dirt-road country is Not Fun. :) A Customs guy slammed the door while his buddy was underneath. Clods fell. Atrocious language resulted...

Art
 
last time i got stopped at a dui checkpoint.
"do you have any firearms in the vehicle?"

" sure what do you need?"

followed by a half hour showing the new statie and sherriffs deputy everything we had.

we were taking my buddies whole collection over to his dads house while he deployed.

aks? yep,shmeisser SMG? yep,mac 10? yep
dragonuv sniper? yep lots more ,what fun

also about 40,000 rounds of ammo

rms/pa
 
No conspiracy there it’s just you, me, lights, camera, action!!!
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I've been wondering this for awhile now. FedWeasel, would you have a problem (both personal, and proffesional if you can answer as such) with other citizens having video and audio recording devices in their automobiles to capture interations with LEOs? If you would have a problem, why?
 
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“Why Not” let me tell you a true story; I actually locked up a guy one night for loitering and pedestrian in the roadway and upon searching him I found a dime bag of weed, he proceeds to tell me that “these are not his pants, they are his cousins.”
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BWAHAHAHAHAHAHAHHA

"This is not blood all over my hands and clothing, thats not my axe in the back seat, those are not my dead bodies in the trunk, this is not my car I'm driving!!!"

Pity all crimminals are not that stupid, since the really smart ones get themselves elected to office.
 
You should always lock your car after you exit from it. If an officer asks why, just say you do it out of habit. If he then asks for your keys, say you don't consent to searches. If he still asks for them, say you are complying with his order to provide him with the keys but you do not consent to any search of your property.
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Good advice! I've received the same advice from assistant DA's after getting them drunk at parties. To one-up it, you can lock your keys in your car, thereby preventing even you from getting back inside. This prevents him from getting into the vehicle without getting a warrant and filling out paperwork. Call a locksmith after he's gone. Your defense to obstruction charges is obvious--you were stressed and forgot to get your keys.

In practice, though I've never had problems with the troopers. I trust the troopers and most LEO's in Alaska. Though APD gets a little gung ho and has plenty of rude robocops in its ranks, I'm on my home turf in this state and not too worried. If I'm in a rental outside, though, and I have a firearm in the vehicle, you're darn right I'm going to be paranoid and do all I can to safeguard my rights. Having five firearms in the pickup is normal here. In other states it would be sufficient cause to call in the SWAT team.
 
Searching my car?

:neener: Let me put it too you this way,If you want to search my car get ready to call for backup,I know ALOT of officers personally,One was a friend of mine in my former state of residence make that former friend that pulled a woman over and forced her to follow him to the police station where he went into his locker and retrieved a condom while she waited in her car too scared to leave because he was a state trooper and she was a peon,When he returned he forced her to follow him and then raped her,He is now in prison.In other words I don't trust ANYBODY with a badge on.Sorry You may be a good cop or you may be a bad cop but if I am not doing anything wrong then you have no reason to ask me if I have a weapon in my vehicle and do a search.If you call for backup then maybe one of you will be honest.
 
16-10-24.
(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
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I say again, if you want to streatch a request to talk to my lawyer before making any statements into obstruction, then GO RIGHT AHEAD.

Are you missing something here? Do you actually arreast people under obstruction when they seek counsul before entering a statement?
 
I can't help but wonder what folks are doing that makes an LEO want to search their cars.
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Driving on a public road sometimes is all it takes. Depends entirely on the attitude of the LEO. Many are cordial, and great do deal with. Some are not. Some are criminals.

Just like people, Many are cordial, and great do deal with. Some are not. Some are criminals.
 
As an attorney, let me thank all you fools for doing this POINTLESS crap. It is paying my student loans back. :D
 
Well before this gets out of hand

Thank you. I appreciate everything you LEOs' do for us. This country would be chaos without you. We are all human. You are doing the job we hired you for. Im not a hypocrite i am human just like you. And both of us have good days and bad days. For those who have not been pulled over that much. Please drive the POS car we have in the garage for emergencys. All the lights work the tags are current. Drive around milwaukee right after shift change and i gaurantee you, you will be pulled over b4 the end of the night. Your crime. Driving a POS car. Leos assume if you have a POS car you must be breaking the law. That said i really do appreciate the job your doing. EXCEPT
when i am on the receiveing end.
 

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I'm still interested in hearing how contacting a lawyer fits the definition of "knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties." Said person is simply assisting the officer as he is unsure of how he should proceed. Without the advice of his counsel he'd just be sitting there answering no questions, he's just trying to get advice so that he may assist the officer in the discharge of his duties.

It says a lot when someone who claims to be an LEO considers it a crime to contact one's lawyer.
 
So we've learned to never break traffic laws in Georgia, since the LEO can work you over (legally) if they feel like it.

Searches and consent have been thoroughly hashed out, but I'm still curious about the "automobile exception". The material I've found on the topic tends to involve full searches, rather than Terry-style officer-safety quick checks.

Does anyone know where to find details on such searches (which never require warrants, consent, etc) as applicable to automobiles?


Edit: Crowley, I think you're missing the point. Federalist has already explained that he can deal with traffic offenders as he deems fit since any offense is one for which the offender can be arrested. The fact that it is within the LEO's power to do so is an entirely different topic to discuss :cuss:
 
I am Confused.

It is my understanding, in California, that any request to search must be voluntary. That it is impossible for you to give voluntary permission to search if you under arrest or detention. Voluntary means voluntary, with both the Freedom to say no and to leave scene.

If you are not free to go, how can you voluntarly agree to anything without being subject to punitive consequences, theats or violence.

That if you the police asked for permission to search your car, you are then free go. By the very act of asking, the officer is signaling the stop/detention is over. If you say no, and they hold you anyway, you were never free go in the first place and a possible avenue for agency or judicial action against the officer.
 
I am Confused.

It is my understanding, in California, that any request to search must be voluntary. That it is impossible for you to give voluntary permission to search if you under arrest or detention. Voluntary means voluntary, with both the Freedom to say no and to leave the scene.

If you are not free to go, how can you voluntarly agree to anything without being subject to punitive consequences, threats or violence.

If the police asked for permission to search your car, you are then free go. By the very act of asking, the officer is signaling the stop/detention is over. If you say no, and they hold you anyway, you were never free to go in the first place; and have a possible avenue for agency or judicial action against the officer.

Just say no, all other arguments need to be made in court. Never get in a argument with a officer at the side of the road. Record everything and agree to nothing.
 
I have to point out what someone else posted about AZ may be correct, that CCW holders do not have to announce - I don't have a CCW permit any more, and haven't attended a class in some time. Not being street LE, that is no concern to me - I don't arrest people outside the walls.
As for consent to search, outside of the immediate vehicle search for officer safety, no, you do not have to consent to a search of your vehicle. You also have the right to STOP a consented search of your vehicle at any time, if the officer has not found anything to give PC. You do not have to wait longer than a reasonable length of time, which I believe was held in some court to be 20 minutes.
I am also ghosting this like all get out - check your local laws, and stop driving like a maniac! I don't ever want to meet any of you fine people professionally.
 
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