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Pulled over at 1:30am, sobriety test, frisked, questioned without consent

Discussion in 'Other Off Topic Forum' started by JaguarXJ6, May 14, 2005.

  1. JaguarXJ6

    JaguarXJ6 F1 Veteran

    Feb 12, 2003
    5,440
    Black Hawk, CO
    Full Name:
    Sunny
    A friend and I decided after ordering in pizza and after dinner at 10:20pm to fool around with my new r/c nitro car in an unused parking lot of a new building thats been vacant for a year and a half across the street from Burbank Airport.

    No problems, the bldg management is aware we've been there the past couple weekends for 1-2 hours a weekend the last three weeks. Mine sounds like an electric its so quiet thanks to a reinforced plastic pipe.

    While travelling back home which is just under 4 miles away, I'm the only vehicle on the street heading in both directions except for one vehicle waiting to make a left turn. After I pass this vehicle, 15 seconds later, a police cruiser travelling at the same speed in the opposite direction goes by.

    I'm travelling at the speed limit and as the cruiser passes by they lift and I continue on but watch in my rear view mirror as they wait 5 seconds, slow down so they can make a u-turn and then come up behind me doing about 50, and pull me over which I immediately do with blinker and safely.

    They come up to the window, ask for drivers license, registration, and insurance. Being so close to the house, I forgot to grab my wallet with my license. I tell the officer I will retrieve my paperwork for him and reach into the glove box and hand it the officer.

    The officer looks at the paperwork for less than 5 seconds and asks me to step out of the car to talk to me, and the officer proceeds backwards behind the car facing me, up the curb, and asks me to walk towards him. I calmly walk forward, step up onto the curb with my hands at my sides and stand in front of him two paces away.

    He then asks me why we were out and I said in a parking lot playing with r/c cars breaking them in. Have we been drinking, do I have anything on me and I reply negative. He asks if I have any warrants, felonies, on probation and I reply negative to all of these. He asks if I'm carrying any guns or knives and I reply negative.

    He then asks me to turn around, place my palms together and locked (which I didn't know what he was asking me to do so he gingerly positioned my hands and then I "got it" and complied), and then asked me to spread my legs and says he's going to check me for weapons and contraband (frisks me from ankles to armpits). He says whats this and I reply chapstick that is in my left pocket and on my right pocket a zippo when he pinches it to feel what it is.

    Afterwards, he says I can relax and asks his question again what I was doing and I replied the same answer.

    He asks if this car is mine and I reply yes, asks me about the damage my car suffered and I replied it happened at the track, asks if I race my Jag and I chuckle and reply yes enthusiastically, asked me if I'm carrying any contraband such as pot, other drugs, and I reply a strong negative. He asks my DOB and I reply, asks me if I'm related to the actress and I reply through blood or marriage, yes but distantly.

    I said I live just up the street and the car is my name and my fathers. I ask if he needs my DL number and he says no, writes down my name and plate, and then says I should always carry my license on me.

    During this time the officer's partner asks my friend what we were doing out and if we have been drinking and that was it, listening in on his partner's questioning of me and keeping watch on everything going on.

    Towards the end of this, another cruiser was going by and slowed down to a crawl and called out that he didn't know this officer and partner were in this area and came around to park behind them.

    The officer's partner says I should carry my license at all times and the officer questioning me says the same thing but adds that a stop like this will turn out differently next time and I'm free to go and gives me back my registration and insurance certificate.

    At no time was I told why I was pulled over and this all came as a bit of a shock so I complied. After doing a quick reading, I came up with this info online, http://www.flexyourrights.org/printer/4th-amendment-court-cases.html and http://www.fdap.org/downloads/seminar-criminal/trafficstopsandsearches.pdf

    It was nice to have a witness to this. He's more livid than I am, but this this undistilled, unpasterized, unfiltered bull!

    Discuss.

    Sunny

    P.S. My passenger states that they are the bigger threat if I'm out of the vehicle and a search for weapons would take place on both individuals not just the driver which sounds logical but obviously my criminal history is non existant and I'm unfamiliar with this level of involvement after being pulled over for... being out late?

    P.S.S. The V1 didn't sound a single peep and they can't pace heading in an opposite direction. I turned it off when they flipped a U-turn because I knew I was going to get asked for my "papers."
     
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  3. XJARGH!

    XJARGH! Rookie

    Feb 29, 2004
    43
    Los Angeles, CA
    Full Name:
    Tim
    #1 there was no probable cause for the stop

    We were not hit with radar

    We were not informed why we were pulled over

    Driver supplied current reg. and insurance paperwork.

    We had no alcohol, don't do drugs, and nothing was thrown from the vehicle.
    No open containers, etc

    Vehicle was completely within CVC regulations.

    Driver was asked to remove himself from vehicle. Passenger was left in car.

    Driver was questioned behind vehicle with two police officers, one cruiser, both male.

    Interior of car was clearly illuminated, and windows were open.

    Driver was Terry frisked, but passenger was still left in car. I think this is highly suspicious. There was no probable cause that driver had weapons on his person. Passenger was more of a threat in this stop as I was left in the car. If there really was PC for weapons or contraband, or a serious threat was felt by the officers, I believe both occupants would have been asked to remove themselves from vehicle.

    Numerous questions, UNRELATED to traffic stop were asked, leading to my thoughts of unlawful detainment.

    No citation was written, no reason for stop was offered.

    Very angry passenger, who has NEVER been treated this way as a driver before.

    Various caselaw and supreme court trials, not to mention fourth amendment, support my beliefs that this was an unlawful traffic stop, and illegal "Terry frisk"
     
  4. bobafett

    bobafett F1 Veteran

    Sep 28, 2002
    9,193
    Total bullsh!t. I doubt you have many choices of recourse, because the lying sack of **** will probably say he saw you swerving around and breathalyzed you and Tim at just under the legal limit, and found this little green baggy.

    While it's absolutely ridiculous, my suggestion is (as fukking frustrating as it may be) to let it go. See if you can find out the name / badge no. of the cop and perhaps a few days later drop by or call to ask why he did that and what you can do to avoid such harassment in future, but beyond that nothing's gonna happen to the guy.

    Frustrating to hear that they're out "serving and protecting" as usual. Don't you know Sunny, you're QUITE a suspicious looking character!

    --Dan
     
  5. WILLIAM H

    WILLIAM H Three Time F1 World Champ

    Nov 1, 2003
    34,891
    Victory Circle
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    HUBBSTER
    Sorry to be the bearer of bad news. They dont need probable cause to do this. All they need is reasonable suspicion to stop you & frisk you. Its called a Terry Stop & it happens all the time

    Maybe being the only car on the road late at night was his reasonable suspicion ?
     
  6. Dane

    Dane Formula 3
    Rossa Subscribed Owner

    Apr 25, 2002
    1,325
    Manhattan, MT
    Full Name:
    Dane
    Bottom line, up front: Good job complying and being "clean."

    I agree. As aggravating as it may be, I would let it go and pat yourselves on the backs that you complied and had nothing to hide. i.e. drinking, speeding, etc. The DL doesn't seem like a big deal relative to what these guys/gals must see on any given night.

    Don't take it personal.

    BTW, what type of R/C car(s) were you running?
     
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  8. MarkPDX

    MarkPDX F1 World Champ
    Lifetime Rossa

    Apr 21, 2003
    11,203
    Gulf Coast
  9. matteo

    matteo F1 World Champ

    Aug 1, 2002
    13,748
    On a plane somewhere
    Full Name:
    Heir Butt
    Two white, IT guys in a Jag in YOUR neighborhood playing with an R/C car? I would have arrested you!

    Joking aside guys, Let it go. The cost of freedom is not free. I would be pissed as well but they really do not need a cause. If push came to shove sunny, they could have given you a ticket for your damage but they didn't figuring you were not doing anything wrong.

    Sunny, have a beer and move on.

    Tim, calm down before I get back to work on Wednesday. :)

    Peace out Playa's
     
  10. Viper 10

    Viper 10 Formula Junior

    Nov 16, 2003
    616
    Manhattan Beach, CA
    Full Name:
    Brad Chang
    No cavity search to finish off your evening???

    You need to chill out and be thankful for those guys in the cruisers doing their jobs. I would have probably given you more crap than they did... and by the way William is absolutely correct, you do not need probable cause to do what they did. I have many friends in law enforcement atthe local, state and Federal levels.
     
  11. darth550

    darth550 Five Time F1 World Champ
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    Jul 14, 2003
    58,836
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    BCHC
    UH huh....

    You were diggin' the frisk and you know it!!!!!
     
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  13. matteo

    matteo F1 World Champ

    Aug 1, 2002
    13,748
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    Heir Butt
    LOL!
     
  14. LetsJet

    LetsJet F1 Veteran
    Owner

    May 24, 2004
    9,238
    DC/LA/Paris/Haleiwa
    Full Name:
    Mr.
    Did you ask the officer why he pulled you over?

    If you don't ask............
     
  15. bobafett

    bobafett F1 Veteran

    Sep 28, 2002
    9,193
    Being a bit generous, aren't you?

    --Dan
     
  16. jptyke

    jptyke Formula 3

    Sep 28, 2004
    1,411
    Manhattan, NY
    Full Name:
    Master P.

    Who wouldn't?
     
  17. El Wayne

    El Wayne Global Moderator
    Global Moderator Owner

    Aug 1, 2002
    17,971
    San Marino, CA
    Full Name:
    L. Wayne Ausbrooks
    My guess is that this was the reason you were stopped and responding that you didn't have a driver's license/ID on you is the reason why you were asked to step out of the car and continued to be questioned/frisked etc. Was the damage visible to the officers as they passed you?

    (5000th post, btw.)
     
  18. SrfCity

    SrfCity F1 Veteran

    Nov 1, 2003
    9,842
    Orange County, CA
    Welcome to the post 9-11, "Big Brother" world. It is total BS but there isn't a thing that you can do about it. Although, you probably won't be driving to play with RC cars at 1:30AM without your license again. My guess is someone may have called it in. Sorry for the harassment.
     
  19. Artherd

    Artherd F1 Veteran

    Jun 19, 2002
    6,588
    Bay Area, CA
    Full Name:
    Ben Cannon
    They were technically within their rights to search your PERSON for weapons, terry doctorine, with only reasonable suspicion.

    They would need PC to search the car (which they did not do.)

    How obvious is the damage? Get it reparied man or the cops will continue to target you.
     
  20. Korr

    Korr F1 World Champ
    Silver Subscribed

    Dec 7, 2003
    16,568
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    J3L2404
    Two grown men playing with toy cars on a FRIDAY NIGHT... there's something fruity suspicious about that!
     
  21. JaguarXJ6

    JaguarXJ6 F1 Veteran

    Feb 12, 2003
    5,440
    Black Hawk, CO
    Full Name:
    Sunny
    Yes the damage is visible and no, I can't afford to have it repaired. Its $1500 bucks, possibly a little more, and I just can't afford it.

    Yes, I asked them why I was pulled over and if they wanted my DL number (for the 2nd time) and thats when he said searching for weapons or contraband.

    I'm making substantially less money right now (just over half what I was making before) after loosing my job over a joke video I sent to a co-worker at their request. I was a perfect employee and it all went down hill when they hired two women who hated my work ethic, position (seniority), and level of knowledge.

    I'm almost through with being audited and due to mistakes by the armed forces tax prep people, I still owe the IRS and the state of CA several thousand and change, paying that off slowly.

    If I had any sort of established credit in order to get it fixed I would do so.

    I'm enjoying being single and avoiding the bull**** of dating right now after a hard time in my last relationship. Its my car and I just got it, my friend knows a lot more than I do about them, and its an HPI clone with a .15 engine.

    For those who think I should appreciate what those officers are doing out there, of course I do. If you want split hairs, I'd like to seem enlist and go to some of the ****holes I've been in.

    Thanks for the lesson, Viper! (sarcasm off)

    It was suspicious that we were the only car out in that area after 1am. I suspect that these two officers were *******s with nothing else to do. It sure feels like it was harassment. Thanks for the advice, everyone.

    Sunny
     
  22. JaguarXJ6

    JaguarXJ6 F1 Veteran

    Feb 12, 2003
    5,440
    Black Hawk, CO
    Full Name:
    Sunny
    I should also note that a call to the Burbank dispatcher logged no events with my vehicle by the officers and notified me that they had 20 on tonight making identification in the event of an investigation into a complaint I'm filing.

    Lets make this clear. Officer comes up to the window and asks if I know why I was pulled over and I reply no, he asks for my paperwork and I tell the officer here are these two items (reg and insurance) and I can give him my DL number, I left it at home with my wallet. I'm then asked to exit the vehicle where the rest of the detainment begins.

    Its a lot of fun, you critics should try it some time.
     
  23. dm_n_stuff

    dm_n_stuff Global Moderator
    Global Moderator Lifetime Rossa Owner

    Dec 10, 2003
    36,615
    The Sunshine State
    Full Name:
    Dave
    On the upside, he didn't write you for not having your DL, right?

    The rest was over the top. Probably stopped you because of the damage to the car, and the possibility it was stolen.

    But, again, at least they didn't bang you for the no driver's license, right?

    I'd let it go. If you push the issue, you end up on the unofficial list of folks the police look for when they're bored. That would make your life a lot more miserable, don't you think?

    DM
     
  24. CMY

    CMY F1 Veteran

    Oct 15, 2004
    9,915
    Redondo Beach, CA
    Full Name:
    Chris
    I've been pulled over, tested, frisked, searched and questioned without reason about 10 times before. It's been less so since I cut my long hair about 8 years ago, but I still expect it to happen.

    I've also been held at gunpoint (x6), forced to lay face down on ground and searched because some old lady mistook a spark plug wrench/crank for a Glock. Nobody apologized for that one, but I also didn't expect the county to reimburse me for new drawers either.

    C.
     
  25. XJARGH!

    XJARGH! Rookie

    Feb 29, 2004
    43
    Los Angeles, CA
    Full Name:
    Tim
    Life is like a pube on a toilet seat, sooner or later you'll get pissed off.
     
  26. darth550

    darth550 Five Time F1 World Champ
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    Jul 14, 2003
    58,836
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    It's always better to be pissed off then pissed on!
     
  27. 2000YELLOW360

    2000YELLOW360 F1 World Champ

    Jun 5, 2001
    19,800
    Full Name:
    Art
    Freedom isn't free: straight from Animal Farm!!! You aren't free with this kind of crap going on. Police state is what I call it, and the best procedure is the newspaper and the courts. Those cops need a little attitude adjustment. Condoning that behavior just encourages it.

    Art
     
  28. Dane

    Dane Formula 3
    Rossa Subscribed Owner

    Apr 25, 2002
    1,325
    Manhattan, MT
    Full Name:
    Dane
    With respect, I think you're stretching. They were not arrested but allowed to go even with the driver minus a license. Do I think the frisk and search were necessary? Probably not. Still, the police were within their right. This is pale in comparison to a freedomless society.
     

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