lack of probable cause is a common defense for such a stop and is a 4th amendment issue. You should know that. Reasonable people can debate whether PC existed here given his statement of what occurred and I would certainly at least raise it if it were here and I were talking to the ASA about it. Reasonable people would not wish him a cavity search based on what he stated occurred. I am surprised you are still debating in this thread after that position as a person under the color of authority.
The Fourth Amendment prohibits "unreasonable searches and seizures" and the driver mentioned nothing about either one taking place. The PC was cutting over 6 lanes, unless the driver used his blinker and established his position in each lane before changing lanes, this I do know. So a reasonable person can assume that he did not follow the traffic laws set forth thus the reason for the stop. I am not debating I am just utilizing my First Amendment rights and enjoying the banter. Have a good day.
The flash light is a test. Mastigmus (sp?). You are not required to take it. It is very accurate in the hands of someone competent. They can predict your ba with .1 if they are good. Studies have been done validating it. Used to establish probable cause. If you've had any alcohol, don't do it. Find an excuse not to. Art
Absolutely. And hope you don't have the officer who thinks you deserve a cavity search for changing lanes like here on f-chat. Damn, if they're that bad publicly on a forum think of what they say privately!!!
Oh god let it go. Yes and you can refuse. The actual test is called the SFST (Standard Field Sobriety Test) and can be administered with a finger or a pen and the flashlight is used at night so the officer can look for signs of Nystagmus which is an involuntary shaking of the eyes that usually only occurs at the extremes of your peripheral vision. I am certified in SFST and you do not have to be a doctor to notice it.
I call BS on that test! I have a natural twitch in my eye. It might be a possible test but if the test is being done by an idiot that already has you pegged for being drunk then you're screwed until you do the breathalyzer and can then tell him to politely and indirectly F off when you blow all 0's.
Hey don't shoot the messenger. If you have a natural twitch in one eye you should not have an issue because Nystagmus happens in both eye's when intoxicated and can be induced by not only alcohol but several other intoxicants.
I did use my blinker and did one lane at a time very judiciously as my wife would attest to. She is generally VERY conservative and was still like WTF with this. Its all good. this weekend we will take the toll road home from the beach, six bucks and no traffic and no harrassment.
Thank you for clarifying Robert and not once was I doubting you did everything right. In my opinion you were profiled because you were in a Ferrari and there was no PC for the stop. In your case I would consider filing a complaint unless you do not know or remember the officers names. I may not be with a dept at this time so I do not call myself a cop but your stop is really frustrating for me.
Thanks. Not with filling a complaint as life is too short and I am hoping this is an anomaly. We will be taking the toll roads late at night. Less chance of an accident from idiot drivers and true drunks
Unlawful detention/arrest. Or maybe you like the idea of being pulled over anytime a cop feels like it? The cop was simply "fishing" and, under the original post, there was no suggestion of probable cause. In the USA, that sort if thing is generally frowned upon.
Driving is a privilege, not a right. If a Law Enforcement Officer sees you doing something unsafe (by your own admission, crossing six lanes of traffic on the highway), he has a right - arguably even an obligation - to say something about it to you. I'd be much more outraged if an officer saw someone zip over six lanes and not do anything. For all he knew, OP could have been drunk and therefore dangerous.
I kindly ask that you go back and review the entire thread. People love to hate the police but who do those haters call for help when in need, Ghost Busters? I am not here to argue with you or anyone else but the ignorance from those who have no clue is truly frustrating for someone who actually knows what they are talking about. Have a good day. WORD!!
That's (apparently) what caused the fatal in Miami, someone zooming on (or off) an exit ramp, and smacking a slower moving car. I have had Defensive Driving so many times, I rarely change lanes AT ALL......
One of the reasons people "love to hate the police" is things such as anal cavity searches without lube...and with broomsticks etc. There is a line, IMO, and once you step over it, you are no longer one of the good guys. You can apologize because you got caught, but if that's what you think privately, that it is acceptable to brutalize people if they don't bow down and respect you, then You are merely a criminal with a gun and badge. I don't know you well enough to know what you truly think, but the mark of character is who we are when we think no one else is looking. Only you can answer that honestly for yourself. But please don't pretend to not understand why people mistrust LE at times.
I apologized for that comment and my apology was accepted by the person I directed it towards but you and Statler keep rehashing, beating a dead horse. I did not get caught because I posted that openly on a public forum and implying I was caught is implying I was trying to hide or cover up something which is not true. No you do not know me well enough nor personally yet aren't you judging my character as if you do? I covered your "when no one else is looking" idea in my previous comment. I don't know you either but I do respect your opinion so at least now I know where you stand and you know where I stand. What I am trying to say is I am not trying to argue with anyone here and if we all agreed all the time what a dull world it would be. Have a nice day.
Food for thought Gregg. This particular part of our Forum IS searchable by Google. IMO you might dial it back a notch, especially until you actually go back on active duty somewhere.. The apology needs to be global to the whole forum, really. The whole forum sees what you write. the other thing to recall is that bans here accumulate like a Rap Sheet Mine here is short (1) When HPD brings up my screen from Interpol, it takes three "Page Down"s, to get to the bottom......all misdemeanors, of course.. "I pay my Union dues, and stay out of the Passing Lane.... But what about all that whiskey, and the cocaine?" Ray Wylie Hubbard Conversation with The Devil