Motorist gives homeless man spare change and is detained by police

Started by Madman, January 17, 2014, 07:22:21 AM

Rupert

Quote from: hounddog on January 20, 2014, 10:54:37 PM
Honest police officers do not care one little iota about being recorded:  they already are being recorded.

As for saying no, that is 100% a citizens right.  However, do not be surprised if the officer looks anyway.

Courts have held for at least 10-15 years now that officer's "smell" of marijuana, smoke or scent, is PC for a search.  That is a case-law decision, mind you.

There are other reasons as well, see the previous post about knowing your rights.  :lol:

Honest cops, exactly.
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13 cars, 60 cylinders, 52 manual forward gears and 9 automatic, 2 FWD, 42 doors, 1988 average year of manufacture, 3 convertibles, 22 average mpg, and no wheel covers.
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Rupert

Quote from: hounddog on January 20, 2014, 10:56:51 PM
Race is a minor part of a profile, and carries only a small amount of weight wrt drug interdiction.

How many black guys make meth?  Sell pills in predominately white communities?  Etc?

Did I hit 50%, then?
Novarolla-Miata-Trooper-Jeep-Volvo-Trooper-Ranger-MGB-Explorer-944-Fiat-Alfa-XTerra

13 cars, 60 cylinders, 52 manual forward gears and 9 automatic, 2 FWD, 42 doors, 1988 average year of manufacture, 3 convertibles, 22 average mpg, and no wheel covers.
PRO TENACIA NULLA VIA EST INVIA

hounddog

Quote from: Soup DeVille on January 20, 2014, 11:02:10 PM
Doesn't this statement: "They also do not make traffic stops, so they rely on uniformed patrol officers for that and ask them to stop the car based on any violation they can find."

Basically agree with and back up this statement?: "Things like window tint, loud music or whatever is just a bullshit smokescreen to hide the real motive."
Not when the crux of the statement was:  "The sad truth is DWB (Driving While Black) is enough to get you pulled over in most places in America."

The two are neither mutually inclusive or mutually exclusive. 

I would argue that in modern America, save for the deep south perhaps or the rare moron who still believes in this racist non-sense, this just is not the approved norm by the law enforcement subculture any longer, and that it is even frowned upon by the peers within that group.  Despite what the left has to say on the topic.

Law enforcement, for all its shortfalls in the type of people they are currently attracting, is getting this one specific thing right.
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

hounddog

"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

hounddog

Quote from: Rupert on January 20, 2014, 11:04:47 PM
Did I hit 50%, then?
Did you hit 50% of what?

I said I am not going to give up the components of the approved profile.  :huh:
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

Soup DeVille

Quote from: hounddog on January 20, 2014, 11:09:09 PM
The wide majority of police officers are honest. 



Even more so when they know they're being recorded.
1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2020 Mini Cooper S, 2017 Jeanneau 349, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

hounddog

"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

Rupert

Novarolla-Miata-Trooper-Jeep-Volvo-Trooper-Ranger-MGB-Explorer-944-Fiat-Alfa-XTerra

13 cars, 60 cylinders, 52 manual forward gears and 9 automatic, 2 FWD, 42 doors, 1988 average year of manufacture, 3 convertibles, 22 average mpg, and no wheel covers.
PRO TENACIA NULLA VIA EST INVIA

Rupert

Quote from: hounddog on January 20, 2014, 11:10:06 PM
Did you hit 50% of what?

I said I am not going to give up the components of the approved profile.  :huh:

Yep, I hit it.
Novarolla-Miata-Trooper-Jeep-Volvo-Trooper-Ranger-MGB-Explorer-944-Fiat-Alfa-XTerra

13 cars, 60 cylinders, 52 manual forward gears and 9 automatic, 2 FWD, 42 doors, 1988 average year of manufacture, 3 convertibles, 22 average mpg, and no wheel covers.
PRO TENACIA NULLA VIA EST INVIA

hounddog

Quote from: Rupert on January 20, 2014, 11:16:52 PM
Yep, I hit it.
Cum hoc, ergo propter hoc.

Quote from: Rupert on January 20, 2014, 11:16:33 PM
Exactly.
So, there were no honest police before cameras?  Amazing.
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

Gotta-Qik-C7

Quote from: Soup DeVille on January 20, 2014, 11:02:10 PM
Doesn't this statement: "They also do not make traffic stops, so they rely on uniformed patrol officers for that and ask them to stop the car based on any violation they can find."

Basically agree with and back up this statement?: "Things like window tint, loud music or whatever is just a bullshit smokescreen to hide the real motive."
Thats exactly what it sounds like to me!
2014 C7 Vert, 2002 Silverado, 2005 Road Glide

Gotta-Qik-C7

Quote from: hounddog on January 20, 2014, 10:54:37 PM
Honest police officers do not care one little iota about being recorded:  they already are being recorded.

As for saying no, that is 100% a citizens right.  However, do not be surprised if the officer looks anyway.

Courts have held for at least 10-15 years now that officer's "smell" of marijuana, smoke or scent, is PC for a search.  That is a case-law decision, mind you.

There are other reasons as well, see the previous post about knowing your rights.  :lol:
And I'd understand if weed smoke was present or an open beer bottle! I hate being asked to search for a "regular" traffic stop! I don't smoke (Weed or cigarettes) and I don't have open containers in my car. And you're 100% correct! Saying no only makes everything worse! Sooner or later my car is gonna get torn apart.......
2014 C7 Vert, 2002 Silverado, 2005 Road Glide

Soup DeVille

Quote from: Gotta-Qik-G8 on January 20, 2014, 11:55:38 PM
And I'd understand if weed smoke was present or an open beer bottle! I hate being asked to search for a "regular" traffic stop! I don't smoke (Weed or cigarettes) and I don't have open containers in my car. And you're 100% correct! Saying no only makes everything worse! Sooner or later my car is gonna get torn apart.......

I still say to say no.
1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2020 Mini Cooper S, 2017 Jeanneau 349, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

Gotta-Qik-C7

Quote from: hounddog on January 20, 2014, 11:09:09 PM
The wide majority of police officers are honest. 


I have 4 friends that are officers and they all are real cool. My one friend who's on Clevelands Police force ALWAYS tells me to "Watch out for the police" when I leave his house........ SMH!
2014 C7 Vert, 2002 Silverado, 2005 Road Glide

mzziaz

I think I would have been a pretty pissed off guy if I were young, black and driving a nice car in the US.

I've never responded well to authorities overstepping their bounds.

Cuore Sportivo

Gotta-Qik-C7

2014 C7 Vert, 2002 Silverado, 2005 Road Glide

Rupert

Quote from: hounddog on January 20, 2014, 11:32:37 PM
Cum hoc, ergo propter hoc.
So, there were no honest police before cameras?  Amazing.

I believe you mean, argumentum e silentio.

Further, paleam, homo.

Novarolla-Miata-Trooper-Jeep-Volvo-Trooper-Ranger-MGB-Explorer-944-Fiat-Alfa-XTerra

13 cars, 60 cylinders, 52 manual forward gears and 9 automatic, 2 FWD, 42 doors, 1988 average year of manufacture, 3 convertibles, 22 average mpg, and no wheel covers.
PRO TENACIA NULLA VIA EST INVIA

Soup DeVille

Quote from: mzziaz on January 20, 2014, 11:57:54 PM
I think I would have been a pretty pissed off guy if I were young, black and driving a nice car in the US.

I've never responded well to authorities overstepping their bounds.



Well, Hounddog is correct: they're not overstepping their bounds: Its just that their bounds are too loose in the first place.
1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2020 Mini Cooper S, 2017 Jeanneau 349, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

Soup DeVille

Quote from: Gotta-Qik-G8 on January 20, 2014, 11:59:49 PM
Yeah I need to make their day as difficult as their making mine....

Well, for starters, if you consent, and anything is found, you have fewer recourses than if you don't. "The owner let me" trumps reasonable suspiscion or probable cause, both of which could still be argued after the fact in court.

For another, our rights are there for a reason, its our duty to assert them from time to time, even if it is inconvenient to do so.
1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2020 Mini Cooper S, 2017 Jeanneau 349, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

mzziaz

Quote from: Soup DeVille on January 21, 2014, 12:22:08 AM
Well, Hounddog is correct: they're not overstepping their bounds: Its just that their bounds are too loose in the first place.

Well, I meant overstepping the bounds as I perceive them.
Cuore Sportivo

Gotta-Qik-C7

Quote from: Soup DeVille on January 21, 2014, 12:22:08 AM
Well, Hounddog is correct: they're not overstepping their bounds: Its just that their bounds are too loose in the first place.
Very true!
2014 C7 Vert, 2002 Silverado, 2005 Road Glide

bing_oh

Quote from: Soup DeVille on January 20, 2014, 11:02:10 PMDoesn't this statement: "They also do not make traffic stops, so they rely on uniformed patrol officers for that and ask them to stop the car based on any violation they can find."

Basically agree with and back up this statement?: "Things like window tint, loud music or whatever is just a bullshit smokescreen to hide the real motive."

What you call a "bullshit smokescreen" is referred to as a pretextual stop in legal circles. They are perfectly legal as long as the reason for the stop is legal. Pretextual stops are used every day for a wide variety of reasons, and they're good law enforcement. For example, the vast majority of most officer's DUI arrests come from pretextual stops.

Soup DeVille

Quote from: bing_oh on January 21, 2014, 06:56:12 AM
What you call a "bullshit smokescreen" is referred to as a pretextual stop in legal circles. They are perfectly legal as long as the reason for the stop is legal. Pretextual stops are used every day for a wide variety of reasons, and they're good law enforcement. For example, the vast majority of most officer's DUI arrests come from pretextual stops.

1: that was Madman's quote, not my words

2: I've already stated that those are legal

3: being legal and being bullshit are not necessarily mutually exclusive.
1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2020 Mini Cooper S, 2017 Jeanneau 349, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

NomisR

Quote from: Rupert on January 20, 2014, 02:43:33 PM
My philosophy is only break one law at a time.
Quote from: Soup DeVille on January 20, 2014, 02:45:02 PM
That's ridiculously unrealistic.
Quote from: Rupert on January 20, 2014, 02:52:10 PM
Fair point, but you get the picture. If you have a taillight out, don't be carrying a sack, etc.

I guess the thrust of it is if you're doing something obvious from the outside, don't also do something that could be found in a search.
Quote from: Soup DeVille on January 20, 2014, 11:02:10 PM
Doesn't this statement: "They also do not make traffic stops, so they rely on uniformed patrol officers for that and ask them to stop the car based on any violation they can find."

Basically agree with and back up this statement?: "Things like window tint, loud music or whatever is just a bullshit smokescreen to hide the real motive."

Seriously, going by this conversation, it's hard not to say that our current traffic law is completely ridiculous and a lot of it does nothing to enhance the safety of it's citizens. 

The law book should not be filled with obscure laws that it's citizen does not know exist or is simply breaking because it's stupid. 

This is the reason why the stalemate in congress is actually a good thing because that way, they won't be coming up with stupid laws for the sake of coming up with stupid laws. 

Soup DeVille

Quote from: NomisR on January 21, 2014, 04:33:43 PM
Seriously, going by this conversation, it's hard not to say that our current traffic law is completely ridiculous and a lot of it does nothing to enhance the safety of it's citizens. 

The law book should not be filled with obscure laws that it's citizen does not know exist or is simply breaking because it's stupid. 

This is the reason why the stalemate in congress is actually a good thing because that way, they won't be coming up with stupid laws for the sake of coming up with stupid laws. 

More accurately, traffic laws being used as a gateway to the enforcement of ridiculous drug laws make the traffic laws seem ridiculous as well.
1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2020 Mini Cooper S, 2017 Jeanneau 349, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

bing_oh

Quote from: Soup DeVille on January 21, 2014, 06:31:46 PMMore accurately, traffic laws being used as a gateway to the enforcement of ridiculous drug laws make the traffic laws seem ridiculous as well.

Yea, because using a traffic violation to stop a guy whom we have information on regarding being a meth dealer and carrying a firearm (actual stop that ended in a pursuit and arrest at my department recently) is ridiculous, right?

Rupert

Pursuits are pretty ridiculous, yes.

But even more ridiculous is DWB leading to a fruitless search.
Novarolla-Miata-Trooper-Jeep-Volvo-Trooper-Ranger-MGB-Explorer-944-Fiat-Alfa-XTerra

13 cars, 60 cylinders, 52 manual forward gears and 9 automatic, 2 FWD, 42 doors, 1988 average year of manufacture, 3 convertibles, 22 average mpg, and no wheel covers.
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hounddog

Quote from: Rupert on January 22, 2014, 01:06:52 AM
Pursuits are pretty ridiculous, yes.

But even more ridiculous is DWB leading to a fruitless search.
Way to not only not answer his question, but to ignore that he is completely right.  :ohyeah:

You cannot allow people to actively run from the agents of government. 

If you did, there would be no motivation to stop, and, letting people run unopposed has been shown over and over again to increase liability risk.
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

hounddog

Quote from: Soup DeVille on January 21, 2014, 06:31:46 PM
More accurately, traffic laws being used as a gateway to the enforcement of ridiculous drug laws make the traffic laws seem ridiculous as well.
So, you are saying you want the flow of heroin, crack, meth, krokodil, etc. to grow unfettered?

"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

bing_oh

Quote from: Rupert on January 22, 2014, 01:06:52 AMPursuits are pretty ridiculous, yes.

But even more ridiculous is DWB leading to a fruitless search.

Yea, I can't imagine why we would want to stop a felony-level drug dealer carrying a firearm. No reason at all to chase him if he runs, right? I mean, it's not like he's any risk to the public or anything. :rolleyes: