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

Is that how they do it in the 661?

 

Welcome to the Police State. "Papers Please....." Get used to it.

I am amazed at people saying you should be grateful for these cops. These filthy pigs who have nothing better to do than harrass regular citizens who have done nothing wrong and supposedly intelligent people think its just fine. Its not fine. Its indicative of the collapse of "freedom" that the USA is supposed to stand for.

I am shocked they didnt ticket you for no license. Probably because many judges will dismiss the charges on such tickets if in fact you do have a valid license. Still, its rare that a traffic pig will pass up the chance to fleece you for some $$$$.

It really does depress me that this once amazing and free nation really is turning into a nightmare police state.

Are there any truely free nations left on this planet? Where can one go to live where a true free market capitalist society exists without interference from a corrupt govt. and without having to tolerate a police state? I would serious give immigration consideration, but I know of no free nations that exist in the world today.



Terry

 

Sunny is my friend (and it truly sucks to be harassed) but I'm sure he would have been thrilled if the police had pulled over a questionable looking vehicle (only 4 blocks from his house) driven by 2 guys with shotguns, his photo and address in the car.

Anyone who lives in Burbank should not be surprised by these actions.

 

Sunny, sorry to hear about your crappy evening.

But Darth is right... wasn't it you who posted a thread like 6 months ago about your building/parking garage being cased? Forgive me if that wasn't you, I only vaguely recall the thread.

 

Oh, please stop with the "Police State" crap.

I could have told you this same general what-happened-last-night story 25 years ago & I can assure you my Pop had a similar event @55 years ago & my Mom's late Stepdad - let's see, his would've been... nearly 70 years ago if I remember his telling as we dined and discussed about how they were doing nothing wrong in the eyes of the law, but were under the direct stares, guns and orders of the law.

And, of course, they each had stories their fathers had shared with them. In fact, my pop's grandfather was one of the first in Oklahoma Territory to have a car - it was important he have it, as he had diseases and so forth to treat the best they knew how back then -what with his rolling stock of pharmaceuticals (All the apothecary jars, vials and so forth are in my pop's possession - fascinating stuff, especially since what's left of the primitive pills and powders are still in the containers). He got pulled over by a cop on horseback. The cop was suspicious, that's all.

And the beat goes on.

Just be glad you're not a Raisin-In-The-Sun in Burbank, let alone on a bicycle, a subway, a car, or on foot here, there and everywhere in L.A.. You have no idea.

 

You're an attorney, licensed in CA. Can you point out anything that the cops did that was illegal? I don't see anything, based on existing case law.

 

My sentiments exactly. The anti-U.S.A bit gets me. I never really knew how great I had it as an American until I saw other, less fortunate countries; I will spare listing them as not to offend.

Perhaps, this thread is moving towards the political and religious section.

Is there a moderator in the building?

 

What's so hard to understand?

Driving a damaged car late at nite, that's enough reason for police to investigate.

Having no DL. Police had to confirm your identity with no outstanding warrants, hence extensive questioning.

If the cops wanted to give you a hard time they could have easily wrote you up for no DL and also question and frisk your friend.

How else would you had handle the situation as a cop?

No one would complain if the stop had resulted in the arrest of a wanted felon. At least you were treated with respect and professionalism, I'm not sure that all law enforcement throughout the country would had been as pleasant.

 

You have to have a reasonable suspicion to make any sort of stop. Period. Just driving around late at night hasn't been held to uphold any sort of stopping and/or detention. If you contend that any little thing constitutes justifiable suspicion, I suspect we've come a lot further than I thought towards 1984.

The current Supreme Court has gone a long ways towards legalizing stops for just about any silly little reason, but there is one common thread throughout all of those cases: the person stopped ultimately proved to have done something illegal. In those cases where the person hadn't done anything illegal, the court has come down pretty hard on the police. That might be EXACTLY what happens here. Stay tuned.

Art

 

Anyone who gets ticked off about the anti-police comments should do a little realization.

I had the extreme pleasure of going to traffic court a few weeks ago. I was absolutely SHOCKED at the state of things. Half of the damn people needed an interpreter, and none had a driver's license, valid registration, etc.

What happened? Rather than being punished properly, it seems that both the cops AND the judge let them off for the most part (the judge did try to extort money from some of them) - I, however, a mostly law abiding citizen got dinged and damned the most because I knew the law and was able to argue coherently.

And a comment from a local police chief: "it's a hell of a lot easier to give these guys (w/o license, etc) a verbal warning and let them go. It makes more sense to go for regular people" (who can pay the man).

Serve and protect indeed. The system stinks, problem is, the more you fight it, the more you reek.

--Dan

 

Good to see you feel so strongly about our civil rights. Does this mean you're offering your services pro bono to the detained forum members in a 1983 action against the city/county?

 

In my last traffic school session ~2 months ago. I was told a new law that was put in place in CA to fight against mistaken identity. It is mandatory now to arrest the person on any and all stop if the person does not have a valid license on them. It seems harsh, but the instructor (a current officer) confirmed that it is implemented and all officers are required to do so on traffic stops. NO more I it's on my dresser, I live 2 blocks away...etc.

Sunny, sorry to hear about the incident, but thinking of what I learned above, I guess it could've been worse.

 

Sunny...

It's late at night, two young guys driving a "gentlemen's luxury sedan" with some rear damage......

Dude...when I first met you & you pulled up in that ride...even I thought to ask you if I could score some crack or meth

They're just doing their job...and if a little intimidating attitude or God-complex gets in the way...it's part of the frills to being a cop.

We all get pulled-over at some time, it's a statistic. Just figure you are most likely further distant from your next statistical encounter...and you did get-off for not having your license. Of course, others have forwarded the notion that you "got-off" in other ways too....but we won't explore those such absurd notions. No, we won't.

 

OH.....one other funny story:

It was quite some time ago, my date and I had just left a formal dance and went for some take-out for a late-night snack. I was driving my old Honda Accord. We had just pulled-out of the drive-thru and headed out into the street.....

What the cops saw: a white Honda accord moving very slowly, twitching left to right, accelerating a bit...then slowing, again steering left to right.

BWAPP-WHOPP...light-show...my ass getting pulled over!

What the cops didn't know. I had exited the driveway with my seat-belt off....because my wallet was in my pants pocket and I had to release the seat-belt to get it. In the midst of trying to hand my date a large drink, putting on my seat belt while driving, trying to shift the car into various gears AND dealing with a bad alignment job that had the car pulling hard to the side.....I must have appeared absurdly drunk....

I didn't want to admit my seat-belt was off...and I didn't realize how I had come across...

The officers administered every single test they could throw at me. They had me standing on one foot, touching my nose, counting up & down, walking lines, leaning my head back, focusing on their fingers, looking into their flashlights, etc, etc, etc: these boys were determined to nab themselves a drunk.

Finally I realized the nature of their peristence and calmly explained myself. They stearnly told me to fasten my seatbelt prior to driving and to get my alignment looked at. They laughed a bit and I got to experience a real field-sobriety test.

Ahhh....these are the days of our lives

 

I think can see both sides of this argument.

On the one hand, you were probably pulled over for driving a damaged luxury sedan very early in the morning (or late at night depending on how you look at it). That in itself seems a little silly to me, but it's possible the cops saw something else they didn't like. Not having your license on you was obviously a big mistake, and I'm surprised you didn't get nailed for that, especially after they went through all that trouble. I would imagine that your lack of a license on your person contributed the most to the rest of your ordeal.

On the other hand, I don't see how a frisking and sobriety test were warrented. I'm going to guess that you were definitely not acting or driving as if drunk, and that you probably didn't smell like it either. Giving satisfactory answers to the officer, along with confirmation from your passenger in a separate interview, should have been enough to see you on your way in an otherwise unremarkable stop.

I would have give a slight edge to the police in this case. If you had your license on you I'm willing to bet that your night would have been back underway much sooner, even if the Jag was damaged.

 

(My most absurd statement today, so sue me)

WOW! That is cool! If I was an ******* with a gun and badge, I can mess with people like that too!!!!

 

Nice thread--No comment!!!!

 

Get over it Sunny and move on - as perpetrated by most of the preliminary posts. Cops are there to protect us and prevent lawlessness on our streets and in our homes. There may be a day comes when you put out a 911 call for assistance and these same 2 cops attend the scene to help you. And why don't you sell your XJ6 and buy an F-car? Or buy an XJ12 if you can't afford a Ferrari.

 

Dude just got done saying on page 1 or 2 he can't pay to get the damage fixed, and you are asking him to buy a Ferrari?

How you gonna put tires on a ferrari when you can't fix 1500 worth of body damage on Jag?

WTF?

 

Prostitution?