Got pulled over by the cops in West Co....
02-16-10, 06:27 PM
#16
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Well the reason why i say don't irritate the cop is because there is only so much you can do at that very moment, unless your well versed in those kinds of rights or are a law student i doubt any of us are going to be able to start citing all of our rights against such and counter every thing he's doing with a legal statement.
Like fighting a speeding ticket, you don't fight it on the spot, you just do a trial by written declaration or something after the fact.
If you irritate him he could just decide to get you for worthless stupid crap like tints, no front plate and stuff like that. in the end if he was wrong you'll be clean but he'll still get ya for the little stupid stuff etc.
it really comes down to the situation your in, it could go either way i guess. if your well versed in the law, and are willing to argue with a cop go for it. if your not, like me and most average people, it'd probably be best to stay away from that. just gotta decide which way suits your situation best
Like fighting a speeding ticket, you don't fight it on the spot, you just do a trial by written declaration or something after the fact.
If you irritate him he could just decide to get you for worthless stupid crap like tints, no front plate and stuff like that. in the end if he was wrong you'll be clean but he'll still get ya for the little stupid stuff etc.
it really comes down to the situation your in, it could go either way i guess. if your well versed in the law, and are willing to argue with a cop go for it. if your not, like me and most average people, it'd probably be best to stay away from that. just gotta decide which way suits your situation best
Last edited by xuningshen; 02-16-10 at 06:54 PM.
02-16-10, 06:48 PM
#17
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Had this happen to me twice in monterey park after going home from late night party.
It appears that MPK has a asian gang and drug task force that will over any suspicious car at night and do a search for drugs and weapon. They just search, do a pat down and let us go. Even though you feel violated, at the moment, you don't want any trouble, especially late at night when you just want to go home. If you deny them from searching your car, they will get you for something else.
It appears that MPK has a asian gang and drug task force that will over any suspicious car at night and do a search for drugs and weapon. They just search, do a pat down and let us go. Even though you feel violated, at the moment, you don't want any trouble, especially late at night when you just want to go home. If you deny them from searching your car, they will get you for something else.
Last edited by Initial_K; 02-16-10 at 06:57 PM.
02-16-10, 07:52 PM
#19
i'm in law school and i'm currently taking constitutional criminal procedure. that my friend, was an illegal search and violated your 4th Amendment privacy right to illegal search & seizure.
B/c the original stop was premised as a traffic violation, the only reason to search the car had to be linked to the traffic violation (Arizona v. Gants [2009]).
They had a right to search the driver and any passenger as a search incident to seizure to only check for weapons.
They could have justified a cursory safety search of the car if they had reasonable suspicion that you were dangerous/threat. (policy rationale: officer safety)
But basically, the police can justify a search for any number of reasons, including the subjective suspicion that you posed "an imminent threat or suspicion of danger."
But in theory, the search of the car was unlawful and they needed a search warrant.
Additionally, if they did not secure you (handcuff and put you all in the patrol car) they could have justified a cursory search of the car under the 2nd prong of Gants b/c you were unsecure and theoretically had possible control of your immediate surroundings, aka could have reached into the passenger compartment for a gun.
So the general rule is that w/out a warrant, the police need PC (probable cause) to search your car B/c they had no PC, they had no right to search the vehicle, b/c they had no cause to look for anything illegal. Hypothetically, even if they had a warrant for say, driving with a suspended license, and they found a gram of yay on u, they couldn't search the car for additional drugs. B/c the warrant is premised on the traffic violation, they had no PC to search your car for drugs. All they could do is book u for the traffic violation and possession of coke.
Basically, if you can file a complaint but its probably a losing battle. But just file a general grievance to the police station and call it a day. Hope this info helps.
B/c the original stop was premised as a traffic violation, the only reason to search the car had to be linked to the traffic violation (Arizona v. Gants [2009]).
They had a right to search the driver and any passenger as a search incident to seizure to only check for weapons.
They could have justified a cursory safety search of the car if they had reasonable suspicion that you were dangerous/threat. (policy rationale: officer safety)
But basically, the police can justify a search for any number of reasons, including the subjective suspicion that you posed "an imminent threat or suspicion of danger."
But in theory, the search of the car was unlawful and they needed a search warrant.
Additionally, if they did not secure you (handcuff and put you all in the patrol car) they could have justified a cursory search of the car under the 2nd prong of Gants b/c you were unsecure and theoretically had possible control of your immediate surroundings, aka could have reached into the passenger compartment for a gun.
So the general rule is that w/out a warrant, the police need PC (probable cause) to search your car B/c they had no PC, they had no right to search the vehicle, b/c they had no cause to look for anything illegal. Hypothetically, even if they had a warrant for say, driving with a suspended license, and they found a gram of yay on u, they couldn't search the car for additional drugs. B/c the warrant is premised on the traffic violation, they had no PC to search your car for drugs. All they could do is book u for the traffic violation and possession of coke.
Basically, if you can file a complaint but its probably a losing battle. But just file a general grievance to the police station and call it a day. Hope this info helps.
02-16-10, 09:20 PM
#20
PushinLEX made some really good points. In the end, you just have to understand there are good cops and there are those who really abuse their authority. Not all cops think the same... some treat everyone with the same amount of respect and some are just judgemental, stereotypical, racist, etc.
02-16-10, 10:34 PM
#21
PushinLEX made some really good points. In the end, you just have to understand there are good cops and there are those who really abuse their authority. Not all cops think the same... some treat everyone with the same amount of respect and some are just judgemental, stereotypical, racist, etc.
02-16-10, 10:55 PM
#22
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boosted86... please do something about it... help people as well as helping yourself. If people dont do anything then bad cops will continue doing the wrong things.... You had a couple of cops as witness and well as your passengers. its sad how cops get to do the wrong thing and people make it out like is ok....
02-16-10, 11:11 PM
#23
boosted86... please do something about it... help people as well as helping yourself. If people dont do anything then bad cops will continue doing the wrong things.... You had a couple of cops as witness and well as your passengers. its sad how cops get to do the wrong thing and people make it out like is ok....
02-16-10, 11:33 PM
#24
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I say that writing a report or filing something will produce more of a active reaction when it comes to the problem since its on record... emails and letters get deleted or discarded...
02-16-10, 11:49 PM
#25
I've watched a video once.. I have to find it for yah. The cops don't have the right to search the car but I guess you gave up that right by going out of the car and letting them search it..... Damn i'll look for the video and post it here when I find it.
02-16-10, 11:50 PM
#26
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if you drive a modded car are driving around late at night and get pulled over, you might as well pull down your pants and look at the cop from between your legs. As much as we like The Fast and the Furious movie, Johnny Tran's character did not help our stereotype very well.
02-17-10, 12:05 AM
#27
02-17-10, 12:49 AM
#28
watched the video just now, and though i already understood many of the points about my given rights, it was nice to learn more about stuff that i could use toward proclaiming my innocence as well as respectfully denying a police officer's search and seizure for my sake. most people would not know how to respond to an officer's tactics, as slight as they might be, and this is a great video to watch. too bad in our hs, we didnt get this in our gov/ civics class.
02-17-10, 01:20 AM
#29
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Well the reason why i say don't irritate the cop is because there is only so much you can do at that very moment, unless your well versed in those kinds of rights or are a law student i doubt any of us are going to be able to start citing all of our rights against such and counter every thing he's doing with a legal statement.
Like fighting a speeding ticket, you don't fight it on the spot, you just do a trial by written declaration or something after the fact.
If you irritate him he could just decide to get you for worthless stupid crap like tints, no front plate and stuff like that. in the end if he was wrong you'll be clean but he'll still get ya for the little stupid stuff etc.
it really comes down to the situation your in, it could go either way i guess. if your well versed in the law, and are willing to argue with a cop go for it. if your not, like me and most average people, it'd probably be best to stay away from that. just gotta decide which way suits your situation best
Like fighting a speeding ticket, you don't fight it on the spot, you just do a trial by written declaration or something after the fact.
If you irritate him he could just decide to get you for worthless stupid crap like tints, no front plate and stuff like that. in the end if he was wrong you'll be clean but he'll still get ya for the little stupid stuff etc.
it really comes down to the situation your in, it could go either way i guess. if your well versed in the law, and are willing to argue with a cop go for it. if your not, like me and most average people, it'd probably be best to stay away from that. just gotta decide which way suits your situation best
It seems that cops are trained a certain way and part of that is that the intimidate and demand access to your vehicle. Maybe you've got nothing to hide. I believe that cops are very used to people buckling and consenting to a search. When you refuse the search and ask them if they are detaining you, that takes them out of their element. If you use the words, "unless you are detaining me, I would like to be on my way," it goes from a vehicle that they wanted to search, but didn't have cause, to more of a pain in the rear than they were prepared for.
A lot of cops are bullies. I fell for it when I was younger. It doesn't go down that way for me anymore since I'm older than most of the beat cops (I am 39). The thing is, you younger guys who are getting pulled over should make an effort to know your rights, refuse a vehicle search if asked for consent, and be polite rather than confrontational. Not only the younger guys, but everyone.
02-17-10, 08:32 AM
#30
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This kinda subject REALLY irritates me and get me in "pissy" mood !! First of all, 2 of my best friends are cops and my own sister works for the Feds, I want to say the Cops are doing their best jobs as possible and serving our community. (!?!?!) OK... maybe so.. But one thing I have to say is that every cops are not the same !!! Some are racists, some are dis-honest, or honest....etc.
I got rolled TWICE in one night off of Valley and Hacienda and Valley and Azusa one day, do you know what the reasons were ??? B/c I was an asian driving a fixed up GS in their exact words. Asked me to sit out on curb while they search ... They said they had a call, an asian gang drives Lexus selling dope or some sh@t ! After 30mins making scenes, they said "Sorry, here's your ID, have a great night". Is that it ?? Just ruin my f@#kin night and wasted my time and all they said was sorry?? .... man... I was just bummed out !! At least you need to explain more throughly and what was all about or anything ? aw well.....
I guess you just have to live with it and hopefully you'll get rolled by a "NICE" cop next !!
I got rolled TWICE in one night off of Valley and Hacienda and Valley and Azusa one day, do you know what the reasons were ??? B/c I was an asian driving a fixed up GS in their exact words. Asked me to sit out on curb while they search ... They said they had a call, an asian gang drives Lexus selling dope or some sh@t ! After 30mins making scenes, they said "Sorry, here's your ID, have a great night". Is that it ?? Just ruin my f@#kin night and wasted my time and all they said was sorry?? .... man... I was just bummed out !! At least you need to explain more throughly and what was all about or anything ? aw well.....
I guess you just have to live with it and hopefully you'll get rolled by a "NICE" cop next !!