Motorist gives homeless man spare change and is detained by police

[Madman]

Add this to your list of things not to do in today's American Police State; don't give a homeless person change lest the local Gestapo think your doing a drug deal.


http://news.yahoo.com/blogs/oddnews/man-gives-change-to-homeless-person--is-handcuffed-and-held-by-police-for-an-hour-223247155.html


It's crap like this which give the police a bad reputation among the public.

[FlatBlackCaddy]

Lucky he didn't get shot, you know, as he was "assaulting"/"resisting" an officer.

[Soup DeVille]

So, where's the harm in giving a homeless dude some weed anyways? Or whatever.

It's not like the dude has a job to get to in the morning.

[NomisR]

I think the moral of the story is, never permit officers to search your car because you'll end up with a destroyed car and you sitting at the curb picking up your belongings from the curb.

[Soup DeVille]

I think the moral of the story is, never permit officers to search your car because you'll end up with a destroyed car and you sitting at the curb picking up your belongings from the curb.

From experience: If you don't permit them, they'll bring out the dogs. If they bring out the dogs, the dog Will get a hit (doesn't matter if there's anything there or not). They will search you anyways.

I'm still on your side: never give permission; but let's be realistic about that too.

[hounddog]

[Gotta-Qik-C7]

I think the moral of the story is, never permit officers to search your car because you'll end up with a destroyed car and you sitting at the curb picking up your belongings from the curb.

I've been through this more than once..........

[MrH]

I've been through this more than once..........

#BlackManProblems

[Gotta-Qik-C7]

LOL! Rite!

[CJ]

I'm almost certain it's illegal to panhandle in Houston anyway.

[Soup DeVille]

I'm almost certain it's illegal to panhandle in Houston anyway.

That'd be the homeless guy's "crime" though.

[ifcar]

That'd be the homeless guy's "crime" though.

You're under arrest for accessory to panhandling.

[dazzleman]

I've been through this more than once..........

Ugh, what was the pretext?

[Gotta-Qik-C7]

Ugh, what was the pretext?

Usually stops for window tint or loud music violations. I've had Ingham County Sheriff dismantle my sub woofer box on the side of I96 in Mi looking for drugs and guns when I had my Blazer! And I've had a couple "Loud Music" stops were in my factory radio equipped Z28 Vert! Even tho the officer was DIRECTLY behind me he claimed my radio could be heard from 100 feet away. I knew I was in for some BS soon as he said that! Even with valid license, insurance and registration they weren't happy till they got a chance to tear my car apart! The most recent was last Feb when an officer stopped me because he thought my plates didn't match my car.    While the first officer was running my info his buddy came to my window and told me I was moving around too much and he wanted to take a look in my cars to make sure I wasn't hiding anything! That was BS because I was going through my wallet looking for my insurance card! I never reached or looked up from my lap the whole time. Needless to say They tore the G8 apart and left my car a mess. I still haven't gotten the panel on the passenger side of the transmission tunnel to say in place for any length of time! I could go on for days about sitting on the side of the road watching LEOs tear my (or a friends) car apart only to be sent on our way with a smirk and a "Have a nice day." Needless to say NONE of these searches have turned up guns or drugs.......

[Soup DeVille]

Did they ask if they could search?  Did you (or your friend) say yes?

[mzziaz]

Seems to me you get more BS because you are black - or maybe you just are one obnoxious SOB

[Soup DeVille]

Seems to me you get more BS because you are black - or maybe you just are one obnoxious SOB

There's definitely a sort of profiling that goes on. I got pulled over for a of of BS reasons when I was a young kid driving a beat up something or other and looking like a derelict. That's stopped now.

[Rupert]

Usually stops for window tint or loud music violations. I've had Ingham County Sheriff dismantle my sub woofer box on the side of I96 in Mi looking for drugs and guns when I had my Blazer! And I've had a couple "Loud Music" stops were in my factory radio equipped Z28 Vert! Even tho the officer was DIRECTLY behind me he claimed my radio could be heard from 100 feet away. I knew I was in for some BS soon as he said that! Even with valid license, insurance and registration they weren't happy till they got a chance to tear my car apart! The most recent was last Feb when an officer stopped me because he thought my plates didn't match my car.    While the first officer was running my info his buddy came to my window and told me I was moving around too much and he wanted to take a look in my cars to make sure I wasn't hiding anything! That was BS because I was going through my wallet looking for my insurance card! I never reached or looked up from my lap the whole time. Needless to say They tore the G8 apart and left my car a mess. I still haven't gotten the panel on the passenger side of the transmission tunnel to say in place for any length of time! I could go on for days about sitting on the side of the road watching LEOs tear my (or a friends) car apart only to be sent on our way with a smirk and a "Have a nice day." Needless to say NONE of these searches have turned up guns or drugs.......

You should get some GoPros and keep one hidden.

[Soup DeVille]

You should get some GoPros and keep one hidden.

Why have it hidden?

[Rupert]

So there's a chance it keeps recording if they turn the obvious ones off.

[Soup DeVille]

So there's a chance it keeps recording if they turn the obvious ones off.

Since they'd already be on camera, they'd have to have a damned good reason to turn it off.

[Rupert]

Like they couldn't just toss the SD card or whatever in the gutter.

[Soup DeVille]

Like they couldn't just toss the SD card or whatever in the gutter.

Most cops aren't willing to commit overtly illegal acts like that, especially not for some punk ass traffic stop.

[Rupert]

True, but then they are pulling a black guy over for no good reason and finding bullshit excuses to search (and damage) his car.

[Gotta-Qik-C7]

Did they ask if they could search?  Did you (or your friend) say yes?

It's 50/50! I did consent on the last stop but when I was younger they would just pull us out the car and search without asking!

Seems to me you get more BS because you are black - or maybe you just are one obnoxious SOB

LOL!!! I never give LEOs attitude! At 40 years old i should be able to drive a nice car without being labeled a drug dealer/user! My mom always says they just mad cuz your car is nicer than theirs..

You should get some GoPros and keep one hidden.

Actually I've looked into this! I plan on mounting it so the dash can be seen also. So they cant come to court with some BS about speeding or not signaling!

[Gotta-Qik-C7]

True, but then they are pulling a black guy over for no good reason and finding bullshit excuses to search (and damage) his car.

Back in 1993 I was stopped and written a citation for driving too slow....IN A SCHOOL ZONE! The judge tore that officer a new one......

[Soup DeVille]

True, but then they are pulling a black guy over for no good reason and finding bullshit excuses to search (and damage) his car.

Courts have OK'd pretextual stops. I mean, its still bullshit, but its legal bullshit. A cop may be an asshole, but he doesn't want to loe his job either, so most of the time they've at least tried to cover their bases.

[hounddog]

True, but then they are pulling a black guy over for no good reason and finding bullshit excuses to search (and damage) his car.

You have proof of this?

His story you say?  First, remember that these are his "impressions" of the reasons and HIS understanding of their legal standing to stop, search, etc. him. 

Let us look at his story, and please remember that I was a long time police officer in the same state as this happened in:

Usually stops for window tint or loud music violations.

Both of these are, or were at one time, valid primary traffic stops.

I've had Ingham County Sheriff dismantle my sub woofer box on the side of I96 in Mi looking for drugs and guns when I had my Blazer! And I've had a couple "Loud Music" stops were in my factory radio equipped Z28 Vert! Even tho the officer was DIRECTLY behind me he claimed my radio could be heard from 100 feet away. I knew I was in for some BS soon as he said that! Even with valid license, insurance and registration they weren't happy till they got a chance to tear my car apart!

So, how did they get into the car for a search?  There are only 13 warrantless search exceptions, so either he gave permission or they claimed legal and valid probable cause to search the vehicle.  Please see Carroll vs US. 

There are bad apples in every line of work, however, very few police officers are willing to risk possible lawsuit, criminal charges, federal civil rights charges for a mere traffic stop.  Mistakes happen, and like I said, there are always a few dishonest people in every walk of life. 

The most recent was last Feb when an officer stopped me because he thought my plates didn't match my car. 

This is also a valid stop, even if the officer made a mistake while running the plates.

Fruit of the Poisonous Tree does not apply to Good Faith mistakes where no overt illicit behavior or conduct is acted out by the officer.  Once the mistake occurs, and the police officer pulls you over based on the mistake, inevitable discovery still applies.

While the first officer was running my info his buddy came to my window and told me I was moving around too much and he wanted to take a look in my cars to make sure I wasn't hiding anything! That was BS because I was going through my wallet looking for my insurance card! I never reached or looked up from my lap the whole time.

Furtive movement is a warning sign for the officer safety, and may in certain circumstances push an officer to have the right to search based on "Officer Safety". 

As a side note, Z28 also assumes that the two officers are buddies, they are friends, they even like each other, are anything more than co-workers.  Just because they are forced to work together does not mean they are "buddies".  Just sayin'.

Needless to say They tore the G8 apart and left my car a mess. I still haven't gotten the panel on the passenger side of the transmission tunnel to say in place for any length of time! I could go on for days about sitting on the side of the road watching LEOs tear my (or a friends) car apart only to be sent on our way with a smirk and a "Have a nice day." Needless to say NONE of these searches have turned up guns or drugs.......

I worked in one of the worst and most violent cities in the US.  I can tell you that most officers have better things to do than get all sweaty and usually cut up ripping someones car apart for a little dope without probable cause since any actual damage done to vehicles can result in legal action, civil usually and once in awhile criminal.

Mapp v Ohio, specifically, would prevent admission of evidence seized from searches where there is no actual and articulable probable cause.

The 4th amendment also protects you, as does a myriad of other case law. 

(and yes, I realize that bad police officers exist as do bad lawyers, judges, etc.)

Now, I am not saying he is wrong, lying, stretching the truth, or anything of the sort.  I am certain he believes he was always in the right, when it is very possible that the officers were also very much in the right. 

However, most people have NO idea what their rights are, what the law actually is, or, what case law protects them.  As I have said many many times here: KNOW your rights, not, THINK you know your rights.

[hounddog]

Back in 1993 I was stopped and written a citation for driving too slow....IN A SCHOOL ZONE! The judge tore that officer a new one......

The stop and citation could also be very valid depending on the circumstances.

And, if that judge had actually "tore that officer a new one" the officer should have filed a formal complaint with the county and state bar association, and, possibly even the state attorney general office. 

[dazzleman]

Usually stops for window tint or loud music violations. I've had Ingham County Sheriff dismantle my sub woofer box on the side of I96 in Mi looking for drugs and guns when I had my Blazer! And I've had a couple "Loud Music" stops were in my factory radio equipped Z28 Vert! Even tho the officer was DIRECTLY behind me he claimed my radio could be heard from 100 feet away. I knew I was in for some BS soon as he said that! Even with valid license, insurance and registration they weren't happy till they got a chance to tear my car apart! The most recent was last Feb when an officer stopped me because he thought my plates didn't match my car.    While the first officer was running my info his buddy came to my window and told me I was moving around too much and he wanted to take a look in my cars to make sure I wasn't hiding anything! That was BS because I was going through my wallet looking for my insurance card! I never reached or looked up from my lap the whole time. Needless to say They tore the G8 apart and left my car a mess. I still haven't gotten the panel on the passenger side of the transmission tunnel to say in place for any length of time! I could go on for days about sitting on the side of the road watching LEOs tear my (or a friends) car apart only to be sent on our way with a smirk and a "Have a nice day." Needless to say NONE of these searches have turned up guns or drugs.......

I think the tinted windows are attracting the cops.  They hate dark tinted windows because it seems that cars with those windows are often used by people with nefarious intent.  The smirk treatment must be annoying.  I like to be the one smirking, not the one smirked at....