Motorcycle Forum

Go Back   Motorcycle Forum > Motorcycle Forums > Riders and the Law

Riders and the Law A forum to discuss legal issues of interest to riders



Reply
 
Thread Tools Search this Thread
Old 01-27-2012, 12:14 PM   #161
SinCityKnight
Motorcyclist

Join Date: Jan 2012
Posts: 11
SinCityKnight is on a distinguished road
Default

People are talking about excesive force, of course it is excesive. A cop is trained to meet force with equal force, or a step above. As a bounty hunter we were trained in the use of force the same as a cop. If a person has no weapon, then we would meet them with no weapon or a LTL weapon, such as a tazer or pepper spray. If some one approaches with a lethal device then the cops would escalate the situation to the next level of force. I understand that one bad apple ruins the bunch, but the again the bikers that are complete a$$h0les ruin the image for the rest of us.
SinCityKnight is offline   Reply With Quote

Advertisement [Remove Advertisement]
Old 01-28-2012, 10:10 AM   #162
ketsploder
Verified

Join Date: Nov 2011
Location: Havelock, NC
Posts: 83
ketsploder is on a distinguished road
Default

to your original question about back packs. the difference on him searching it is based on you. if you are just standing there with you thumb up your butt waiting on him, yes it is reasonable that you could go in the backpack and pull out a weapon, and use it. therefore he has the right to search your back pack. if he has you cuffed on the curb, and your pack is still on the bike, then no it is not reasonable you could access a weapon in there, and probable cause gets reinstated.

the same with a car. the cop can search anything in your "wingspan" unless he cuffs you at which point probable cause comes back.
ketsploder is offline   Reply With Quote
Old 01-28-2012, 05:45 PM   #163
distantThunder
Senior Member

Join Date: Jan 2012
Posts: 1,240
distantThunder is on a distinguished road
Default

FWIW .. had a looooong discussion on another forum a while back about carrying weapons on bikes. Some LEO's were involved in the discussion. The main thing that came across in my mind was the following:

1. Don't harass or argue with cops if they stop you. Be polite and show respect.

2. If you are stopped and questioned, tell them that you are carrying a weapon immediately. Gun or knife - you need to declare it. That way it does not look like you are trying to conceal it. Keep in mind that some officers are strong supporters of the NRA and the right to bear arms. If you act like you are responsible and honest - it might tip the scales in your favor.
Especially - don't answer "No" if they ask you whether you've got a weapon ... and really you do.

3. Otherwise, if a weapon is confiscated, get a receipt. And hopefully get it back from their station in the future.

Your best defense is to avoid trouble spots. If you're not there, you're unlikely to run into the wrong people. Don't hang out in bad bars or sketchy places - esp. at night. Don't do really stupid sh** like wearing patches that resemble outlaw patches, or wearing "Sons of Anarchy" gear into a hard core biker bar. Don't leave your bike in a place when drunk retards are likely to damage it.

I've never been hassled by 1% clubs.
And most normal people are not going to hassle a motorcycle rider.

Show respect - get respect.

dT

Last edited by distantThunder; 01-28-2012 at 05:52 PM..
distantThunder is offline   Reply With Quote
Old 01-28-2012, 06:31 PM   #164
trixter
Cyborg in training
 
trixter's Avatar

Join Date: Oct 2010
Location: Sacramento
Posts: 757
trixter is on a distinguished road
Default

Quote:
Originally Posted by 750killshin View Post
So I'm very much opposed to unwarranted searches. On a motorcycle, are your effects in your back pack given the same treatment as your effects in the trunk of a car? Or is the back pack treated like that of a pedestrian?

Lawyers, LEOs and those with experience are invited to answer. And don't give me any of that 'if you have nothing to hide' BS, unless you're going to let me go through your wife's purse right now.
The courts have ruled that search is separate from seizure. They may seize something (a closed bag for example) but without probable cause there is something criminal in there they may not open it and search it.

They can however paw around the outside of the bag and try to generate probable cause. They can invite a sniffer dog in to bark when they indicate and claim that is probable cause. If they claim the zipper was slightly open they are allowed to peek in through that opening and use anything they can see under the "plain sight rule".

Upon arrest anything in the "immediate grabbing area of the defendant" is subject to search. This would include a backpack.


Police also love to do pat downs and other things "for their safety" which they are allowed but that has been expanded ever since the courts made that rule up (it appears nowhere in the constitution). God bless the "living document" it makes it so much easier for them to just cut out inconvenient parts of the constitution.


Once dismounted from a bike you are a pedestrian. The same rules would apply there. While on the bike you are the same as someone in a car. A person in a car wearing a bag (purse, backpack, whatever) can have it searched under the existing "living document" interpreted "probable cause" rules. This is what people get when they demand the government just interpret the constitution as they see fit under the "living document" doctrine instead of holding them to the actual wording of it.
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
trixter is offline   Reply With Quote
Old 01-28-2012, 06:35 PM   #165
trixter
Cyborg in training
 
trixter's Avatar

Join Date: Oct 2010
Location: Sacramento
Posts: 757
trixter is on a distinguished road
Default

Quote:
Originally Posted by distantThunder View Post
2. If you are stopped and questioned, tell them that you are carrying a weapon immediately. Gun or knife - you need to declare it.
Only some states have declaration rules. In most if you have a CCW you are not required to declare it. As for a knife I have never declared the one I carry. It has never been an issue either, its just a simple pocket knife. If I were to tell the officer upon initial contact "I have a knife" that is going to change the whole tone of the rest of the encounter. If I say nothing about it and he does not ask then it has never been a problem.
[/QUOTE]
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
trixter is offline   Reply With Quote
Old 01-28-2012, 06:44 PM   #166
trixter
Cyborg in training
 
trixter's Avatar

Join Date: Oct 2010
Location: Sacramento
Posts: 757
trixter is on a distinguished road
Default

Quote:
Originally Posted by The Tourist View Post
Get this, our Police Chief admitted to the error. Yikes, I'd be picking out a Lamborghini by now had this been me.
The rest of the area will be paying higher property taxes to pay for that Lambo then. You do not punish the cops with a lawsuit typically, it comes from the tax payers.
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
trixter is offline   Reply With Quote
Old 01-29-2012, 10:23 AM   #167
ClassicVW
Master At Arms
 
ClassicVW's Avatar

Join Date: Nov 2011
Location: New Jersey USA
Posts: 138
ClassicVW is on a distinguished road
Default

To answer your original question, no, the backpack is not akin to a car trunk. Not even like a glove compartment. This is because the backpack is within your reach. If the backpack is on your person, it's the same as being your jacket or pants pocket. If and officer is concerned for his safety, he should have you place it on the ground and have you step away from it while he interviews you.

But, like others have said, there are many many, technically legal ways for him to get a look inside. A narco dog can walk by and sniff as he does so, he can smell an odor of pot on you, your eyes are dilated, you made a move for the bag or were seen placing something inside as he approached, etc.

And he does not only have 3 minutes to detain you, it's approximately 20 minutes (courts have decided this), maybe even 30 minutes if they're checking on a possible warrant with another agency and waiting for their reply.

But at all times be polite and give him straight answers. Most LEOs are reasonable, not looking to railroad somene into an arrest, but there are others who act more like Nazis and seem to always be looking for that big bust that will get them off the road and away fron either the freezing temps or the heat and humidity for a couple of hours. They're human after all. Some are pleasant and some are mean. Maybe a biker tried to kill him a month ago and he's lost all compassion for bikers; maybe his wife ran off with a biker and he wants to get even with all of "them". Who knows? You may WANT TO yell and curse and call him a Nazi and tell him you know your rights and that you'll have his badge, But entering into a pissing match with him will certainly get you nowhere. Or a lot worse than nowhere.
ClassicVW is offline   Reply With Quote
Old 01-29-2012, 05:30 PM   #168
distantThunder
Senior Member

Join Date: Jan 2012
Posts: 1,240
distantThunder is on a distinguished road
Default

Trixter ... no easy answer on the knife thing.
Knife laws vary a lot on a state-by-state basis, and even between cities and rural areas. If you've just got a penknife, or a fixed blade with a very short blade, then I agree not to worry about it. Basically, if it serves as a common tool and not as a weapon, then hopefully the LEO would see it the same way. But if the blade is big, or has weapons potential, it's a possible problem if you don't declare it. You could lose it anyway.

Just my $0.02 and others may see it differently.

cheers,
dT
distantThunder is offline   Reply With Quote
Old 01-29-2012, 08:31 PM   #169
trixter
Cyborg in training
 
trixter's Avatar

Join Date: Oct 2010
Location: Sacramento
Posts: 757
trixter is on a distinguished road
Default

yeah cept that declaration laws do not exist here. Failure to declare is not a crime. You may or may not live in an area where you are required to declare but that would be a local state or city level law and not one that applies everywhere. That was my point, that declaration laws do not exist everywhere and you can cause more problems by declaring in a state where you are not required to.
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
trixter is offline   Reply With Quote
Old 01-29-2012, 11:35 PM   #170
robow
Ninja Robot
 
robow's Avatar

Join Date: Aug 2010
Location: Canton, Ohio
Posts: 1,825
robow will become famous soon enough
Default

Quote:
Originally Posted by trixter View Post
yeah cept that declaration laws do not exist here. Failure to declare is not a crime. You may or may not live in an area where you are required to declare but that would be a local state or city level law and not one that applies everywhere. That was my point, that declaration laws do not exist everywhere and you can cause more problems by declaring in a state where you are not required to.
I would hope that anyone carrying is familiar with the laws where they carry, if not they are setting themselves up for failure.
robow is offline   Reply With Quote
Old 01-30-2012, 08:50 AM   #171
Dodsfall
Administrator
 
Dodsfall's Avatar

Join Date: May 2008
Location: Illinois, USA
Posts: 16,338
Dodsfall is a jewel in the rough
Default

Quote:
Originally Posted by robow View Post
I would hope that anyone carrying is familiar with the laws where they carry, if not they are setting themselves up for failure.
Also realize that if you plan to carry out of your home jurisdiction, be prepared to know the laws where you are traveling. There have been a couple people visiting New York City with concealed carry and they found themselves in big trouble when they asked to check their weapons at monuments.
__________________
2008 XL1200R

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Dodsfall is online now   Reply With Quote
Old 02-01-2012, 12:55 PM   #172
ScrumDown
Malevolent Savant
 
ScrumDown's Avatar

Join Date: Oct 2010
Location: Poquoson, VA
Posts: 2,094
ScrumDown will become famous soon enough
Default

Just read this whole thread. WOW! Lots of hard set in stone opinions. (Good, bad or indifferent)

My response for the backpack question is ... check the laws in your state/county/city.

My feeling on cops .... Unfortunately, they are a neccessary evil. A decent percentage try to do thier job correctly, but it is getting harder to deal with the beaurocratic red tape and the "st@tty attitudes" of the people they server. So the good ones leave and that leaves the not so good ones.

My response for the "May I search you/your car/etc?" question.. Years ago, I went with the guide line … “If you got nothing to hide. Let them look.” Nowadays the answer is "No, you may not. And I am saying no because i have something to hide. It is because I do not feel comfortable with my crap being moved by others OR I being touch by others. Unless you are my wife or a hot naked chick. It’s a personal space thing."

As far carrying a conceal weapon, check the laws in your state/county/city about notifying cops; as well as the areas you’ll be traveling in or to.
__________________
I would rather die living, than live dying.
ScrumDown is offline   Reply With Quote
Old 02-12-2012, 02:44 PM   #173
Banaticus
Verified

Join Date: Sep 2011
Location: Southern California
Posts: 29
Banaticus is on a distinguished road
Default

Quote:
Originally Posted by distantThunder View Post
Trixter ... no easy answer on the knife thing.
Knife laws vary a lot on a state-by-state basis, and even between cities and rural areas. If you've just got a penknife, or a fixed blade with a very short blade, then I agree not to worry about it. Basically, if it serves as a common tool and not as a weapon, then hopefully the LEO would see it the same way. But if the blade is big, or has weapons potential, it's a possible problem if you don't declare it. You could lose it anyway.
Remember the Rambo movie?
"What d'you want with a knife like this?"
"Hunting."
"Smart***! What d'you hunt with a knife?"
"Everything."
Banaticus is offline   Reply With Quote
Old 02-19-2012, 05:37 PM   #174
jonathanwareham
Verified

Join Date: Feb 2012
Posts: 15
jonathanwareham is on a distinguished road
Default

yes - no rights once you are on the road.
jonathanwareham is offline   Reply With Quote
Old 03-21-2012, 11:40 AM   #175
Boru
Newbie

Join Date: Mar 2012
Posts: 6
Boru is on a distinguished road
Default

Quote:
Originally Posted by bdavison View Post
63 is still better than life.
Life! What the hell are we carrying?
Boru is offline   Reply With Quote
Old 03-21-2012, 12:39 PM   #176
ReconLdr
Master of Rex Kwon Do
 
ReconLdr's Avatar

Join Date: Jul 2011
Location: Allentown Pa
Posts: 830
ReconLdr is on a distinguished road
Default

Quote:
Originally Posted by jonathanwareham View Post
yes - no rights once you are on the road.
What????

Your rights don't go away simply because you are on the road. Who ever told you that should have their ass removed.

I tried to stay out of this thread because I can get a little crazy when a persons liberties are **** upon. My thoughts:

1) I acknowledge that LEOs have a dangerous job and there are people who are willing to do them harm as a result.

2) LEOs have a job to do that makes them less than popular (especially in the biker community).

3) It is just as important that I go home to my family at night as it is for the police officer to go home to his. Anytime a loaded weapon is removed from it's holster, the chances of an accidental discharge increase exponentially. I know 4 people who have been stopped for a moving violation and been disarmed. In one case the LEO was unfamiliar with a friends sidearm and proceded to put a hole in the guardrail when he failed to keep his booger hook of the bang switch during the unloading process. I've even had a NJ State Trooper give me the riot act because I had my Bow in my truck last week. (I'm not going to get into too much detail because I've filed a complaint and haven't heard back on the disposition)

4) If a LEO wants to take posession of my sidearm during a traffic stop, he should have to give me his. How do I know his intentions??? aren't there stories in the news every day of corrupt cops? I would argue there are just as many bad cops as there are people willing to shoot an officer to get out of a traffic ticket..

This Officer safety thing is out of control. If the job is too dangerous, they should seek safer employment. It is never ok to violate someones personal space or their civil liberties simply because the LEO thinks his/her safety trumps my rights/safety.

I respect Police officers and the work they do. I just don't think they are a "special class of citizens" entitled to special treatment under the protection of law. I know too many people who's lives were permanantly damaged because of unjustified actions of a LEO. They had their day in court and charges were dropped but, had to shell out $thousand$ in lawyer fees, lost their jobs/business over the arrest and were never compensated for the loss.
__________________
"Political Correctness is tyranny with manners."
ReconLdr is offline   Reply With Quote
Old 01-26-2013, 05:40 AM   #177
lakeman217
Verified

Join Date: Jan 2013
Location: Oklahoma
Posts: 37
lakeman217 is on a distinguished road
Default lakeman217

Justin, I commend you on your college law enforcement traning . It sounds like you are taking it very serious.
Your posts here show that you are very young and idealistic. Good luck with your law enforcement job if you get one. then post more in 20 or 30 years of working the street. I feel your attitude will change.
And to all the rest of the cop bashers, most police depts. will eventually identify and fire bad cops. It is too bad that they reflect so bad on the rest of us.
lakeman217 is offline   Reply With Quote
Old 01-26-2013, 10:42 PM   #178
Klrlindy63
Senior Member
 
Klrlindy63's Avatar

Join Date: Jul 2012
Location: NJ
Posts: 1,207
Klrlindy63 is on a distinguished road
Default

Lot of cop bashing here. I am not in love with law enforcement, but lets not forget about some of the really good guys out there. They wind up in the paper for a day or two and then we all forget about them. I haven't had two many bad experiences, only one when I was a kid, I stood my ground politely but firmly. He claimed I made an illegal left turn out of a side street, when in actually I made it out of an adjacent parking lot. I had dropped several friends off at an ice cream parlor and offered to go back there and introduce him to them. He handed me my paper work back and said this time he was going to let me go.... I looked him squarely in the eyes and said " Damn right you are, I didnt do anything wrong and you know it!" He just turned around and walked away.
Not sure what the law is regarding back packs, I can understand them wanting to make sure they are safe. I dont usually cary a back pack but attach a soft tail pack to the bike that I imagine would be viewed as a trunk. Pretty much I do my best not to give them a reason to pull me over, that has been working pretty good for me.
Klrlindy63 is offline   Reply With Quote
Old 01-26-2013, 10:45 PM   #179
Klrlindy63
Senior Member
 
Klrlindy63's Avatar

Join Date: Jul 2012
Location: NJ
Posts: 1,207
Klrlindy63 is on a distinguished road
Default

Quote:
Originally Posted by distantThunder View Post
FWIW .. had a looooong discussion on another forum a while back about carrying weapons on bikes. Some LEO's were involved in the discussion. The main thing that came across in my mind was the following:

1. Don't harass or argue with cops if they stop you. Be polite and show respect.

2. If you are stopped and questioned, tell them that you are carrying a weapon immediately. Gun or knife - you need to declare it. That way it does not look like you are trying to conceal it. Keep in mind that some officers are strong supporters of the NRA and the right to bear arms. If you act like you are responsible and honest - it might tip the scales in your favor.
Especially - don't answer "No" if they ask you whether you've got a weapon ... and really you do.

3. Otherwise, if a weapon is confiscated, get a receipt. And hopefully get it back from their station in the future.

Your best defense is to avoid trouble spots. If you're not there, you're unlikely to run into the wrong people. Don't hang out in bad bars or sketchy places - esp. at night. Don't do really stupid sh** like wearing patches that resemble outlaw patches, or wearing "Sons of Anarchy" gear into a hard core biker bar. Don't leave your bike in a place when drunk retards are likely to damage it.

I've never been hassled by 1% clubs.
And most normal people are not going to hassle a motorcycle rider.

Show respect - get respect.

dT
Exactly.
Klrlindy63 is offline   Reply With Quote
Old 01-27-2013, 08:59 AM   #180
markk53
Senior Member
 
markk53's Avatar

Join Date: Dec 2009
Location: Delaware, Ohio
Posts: 3,284
markk53 has a spectacular aura about
Default

Quote:
Originally Posted by 67fire View Post
"if a cop pulls a gun on you when you arnt pulling a weapon on them"

Wouldn't that be "self defense" or "fear of my life?"
(That, ONLY works for them. And, they can lie! )

Of course not! Nazi's don't NEED a reason!

Just, the SAD truth about what has been happening to our Country.

Eric
GADS that's hilarious!!!

Been quite a trip to get from the 1920s-30s when a cop could pistol whip someone to try to make them confess to whatever. I take it that is what a bunch of you want to go back to?

The fact too is a lot of the cops some of you hate are simply a mirror of yourself in uniform. They have that same "pull a gun out and shoot 'em!" attitude. You essentially are what creates them... they are you in uniform with a badge.

As for the back pack thing, put a locking strap on it and that kind of makes it a secured private place that may possibly be unsearchable without proper cause unless a warrant is obtained.

The best trick is to simply be within the confines of the law so as to not have to be concerned.

Only thing I'm really curious about is carrying a gun in a legal fashion without a CCW license. If I wanted to carry a pistol in a back pack or case could I legally do it if the body (or whatever you call it) of the gun is in one compartment and the cylinder or clip (unloaded of course) is in another and no shells are present? Or would I carry it in plain view, somehow secured and unloaded. I'm curious.
__________________
KLX650C, Zephyr 550
SR500, Bultaco Sherpa T
markk53 is offline   Reply With Quote
Old 01-27-2013, 09:09 AM   #181
markk53
Senior Member
 
markk53's Avatar

Join Date: Dec 2009
Location: Delaware, Ohio
Posts: 3,284
markk53 has a spectacular aura about
Default

Quote:
Originally Posted by 67fire View Post
Our Police Cheif came on the local News Station and flat out said that if anything is stolen, they will take down a report ONLY and will NOT pursue it!
"If, something is turned in to the Police, we will try to match the item with a list of stolen reports only."

So, in other words, find it yourself because we are not looking!

Eric
Can you say "funding"? If you didn't vote to support your local law enforcement agencies you have nothing to complain about.

Fact is his report is what you need for your insurance claim. That is why he will do that much. Pursuing your bike worth a couple grand versus some rapist, robber, child molester, or other violent criminal just isn't reasonable use of limited resources.

Also realize how much territory has to be covered by a sherrif - how big a county is, how many residents are there, how much more important tasks are at hand than pusuing your thief.

If the staff is limited, they need to be used in the best possible way and chasing down leads on petty thefts may not be the best use. It may be more important to pursue violent crimes. You know your area, figure it out.
__________________
KLX650C, Zephyr 550
SR500, Bultaco Sherpa T
markk53 is offline   Reply With Quote
Old 01-27-2013, 09:30 AM   #182
markk53
Senior Member
 
markk53's Avatar

Join Date: Dec 2009
Location: Delaware, Ohio
Posts: 3,284
markk53 has a spectacular aura about
Default

Quote:
Originally Posted by justin68106 View Post
I know people who have had a cop (who was off duty at the time) pull a gun on them for goofing around in a parking lot with a cap gun (too small / light to be a real gun, safety orange tip). While he had them on the ground he told them he could shoot them right there and wouldn't get in trouble, it wouldn't matter.

First off, how does the off duty cop KNOW the people are playing with cap guns. I've seen some seriously small pistols and orange paint costs a buck a can. Second, ever consider that "I could shoot you..." a 'friendly warning' against doing something stupid again? Next time they might be 'goofing around' the responding officer, on or off duty, might just have dealt with a similar situation with people brandishing real guns.

They should take it as a learning experience.

On a lesser basis, as a teacher I have given a few 'friendly warnings' to students who are goofing around - next teacher might just drag their goofing around butts to the office and have some serious disciplinary action. A kid casually dropping an f-bomb is a 3 day suspension in many schools. You catch them you let them know you could... next time.
__________________
KLX650C, Zephyr 550
SR500, Bultaco Sherpa T
markk53 is offline   Reply With Quote
Old 01-27-2013, 09:51 AM   #183
markk53
Senior Member
 
markk53's Avatar

Join Date: Dec 2009
Location: Delaware, Ohio
Posts: 3,284
markk53 has a spectacular aura about
Default

Quote:
Originally Posted by Weebel View Post
I dont like studies because they are never accurate... and can EASILY be skewed to say whatever you want them to.. and even in the case of a study, personal opinion plays a factor since people will disagree on the criteria..

Studies are not truth.... they are the accumulation of added surveys and thats it... for an example.... you could add more to the OK things to do slot even though most people would consider it not OK even though the person making the survey or study does and the results would greatly increase in the officers favor... its all a manner of opinion regardless of the means the info is gathered..

And I never siad that EVERY experience I've had with a cop was bad... I've come across a few that where respectfull and I didnt have a problem with... its just that the majority of them are not that way.... and I've lived and been all over the country and its been the same everywhere...

People make all these BS accuses for the things cops do.... and I was making the point that I have been in thier shoes and I still dont condone it...

Also... I am troubled with the fact that people dont dislike authority like they should... these people with the badges are no different then you are in any way... so why do you think they should have any authority over you in the first place?

It's OK for a cop to shoot someone because they thought a cell phone was a gun, or tackle and beat someone because they thought they robbed someone... but if I did either of those I would be going to jail.... and thats downright wrong in every possible way.

These cops are supposed to be governed by the same laws we are so in reality they have no more authority than any of us... its just there job in particular to focus on the law side... but for some reason the MAJORITY of cops see themselves as the law.... and not the pulic servants they are...

You dont have to do a **** thing a cop tells you to other than provide ID and talk to them when requested... and thats it... If I want to get out of my **** car... Im getting out of my **** car...

So...

what you are telling me is I should dislike the military as well, since they are like the federal government LEOs? Those who join up may have been looking for a way out of trouble, looking for organized power, want to have authority, want to handle weaponry, or any number of reasons?

Why were you in the military? I knew one guy who re-upped for Vietnam a number of times because he liked "killing gooks" and the fact that dope grew wild there. I knew a few that went in to avoid jail time too. What was it for you?

Of course I also knew people who joined for the GI bill, to get an education they couldn't otherwise afford.

If things were so horrible for me in a community as it seems for you, I'd move. It's a big country.
__________________
KLX650C, Zephyr 550
SR500, Bultaco Sherpa T

Last edited by markk53; 01-27-2013 at 09:53 AM..
markk53 is offline   Reply With Quote
Old 01-28-2013, 03:59 PM   #184
ReconLdr
Master of Rex Kwon Do
 
ReconLdr's Avatar

Join Date: Jul 2011
Location: Allentown Pa
Posts: 830
ReconLdr is on a distinguished road
Default

Quote:
Originally Posted by lakeman217 View Post
Justin, I commend you on your college law enforcement traning . It sounds like you are taking it very serious.
Your posts here show that you are very young and idealistic. Good luck with your law enforcement job if you get one. then post more in 20 or 30 years of working the street. I feel your attitude will change.
And to all the rest of the cop bashers, most police depts. will eventually identify and fire bad cops. It is too bad that they reflect so bad on the rest of us.
The issue is, the lives they destroy before they get fired. Like I mentioned in an earlier post, I know too many people who lost jobs and businesses because of over-zealous police officers, arresting people wrongfully, seizing their firearms, and charging them with crimes that don't exist in Pa.

Example:

1) Young woman legally carries her pistol to a local carnival. Her cover shirt blows around and exposes her pistol while she was making a purchase. Someone calls the cops and she gets arrested, hand cuffed in front of her children and co-workers, and hauled to the local PD. She was held there for 7 hours and released without charges. A year later, she's working at Walmart because she can't get a teaching job because of the incident and the local PD keeps telling her she has to go to court to get her pistol back.

2) A man and his wife go to Home Depot. The man was Open Carrying his pistol (Perfectly Legal in Pa) the cops show up and tackle him in the aisle. His pistol is taken away, he ends up with stitches in his head and cheek to go with his concussion. He lost his job but got his gun back as part of the settlement. FWIW, the settlement was enough to pay the lawyer plus $1000.00.

3) A man Open Carries to the auto parts store and is cuffed, harassed, has his cell phone smashed because the cop thought he was recording the interaction.... He was recording the interaction but, not with his cell phone. He was hauled to the local jail, roughed up a little, had his clothes trashed, lost a days wage because he was held for almost 10 hours and released without charges. He got to keep his job but was warned if his name ended up in the paper or on the news again, he would be terminated.

All of the police officers are still on the force and were praised for their actions in the local news papers. All of these incidents have happened to people I know PERSONALLY in the last 2 years. I assure you these are good people with absolutely zero criminal history prior to and since these incidents have occurred. Yet all of them have had life changing interactions with police officers and NONE of them were even CHARGED with a crime. I guess it's ok since the police officers got to go home safely that night.

To the young person who posted about becoming a police officer. Remember your mistakes have consequences that will have a profound impact on someones life.
__________________
"Political Correctness is tyranny with manners."
ReconLdr is offline   Reply With Quote
Old 02-15-2013, 04:06 AM   #185
heyimjason
Hooker
 
heyimjason's Avatar

Join Date: Sep 2008
Location: Biloxi, MS
Posts: 325
heyimjason is on a distinguished road
Default

The whole "within reach" thing depends on where you are and a few other small things. Generally speaking, if you were to hop off your bike to hand him your papers, you could take 2 or 3 steps away so that the bag is no longer within reach, and you'd be able to refuse consent to search. This works with any container that closes (I've even refused to let cops search my old g/f's purse (which had nothing illegal in it).

If they say they're going to search anyway, there isn't much you can do about that. Never physically resist a cop. Of course, if you happened to have a lock on the bag and you "didn't remember" what you did with the key, their only easy options are to rip the bag open or to let you go. If they rip it open, they know they're risking a lawsuit and disciplinary action for destroying your property - especially if you have nothing in there. The public outcry alone is enough to get some cops suspended or fired in some cities.

So, whether or not you have anything illegal on ya, always say no, and always keep everything locked. If you have $20-$150 to spare, get yourself a hidden camera (in a pen, glasses, your helmet, etc) and record all confrontations with cops.

I've had a ton of people say "Why would you give them a hard time?"
I always say, "I'm not. I'm minding my own business. They're the ones giving me a hard time. It's ok for them to do it because they have a badge?"

I'm turning 30 next week. I've been driving since about 17. I've been pulled over slightly over 100 times across the country (over 50 in Omaha alone), and I've gotten 2 fix-it tickets and a speeding ticket that isn't on my record anymore.

The national average cop salary is about $40k. That's what, about 20 bucks an hour? My average stop has been about 15-20 minutes. Factor in that half the time they had a partner with them, getting paid, and the cost of the fuel while they leave the cars running with the AC blasting and sucking down fuel, plus the usual extra squad car or two that shows up, doing the same thing, and you gotta figure that taxpayers have spent at least $3,000 to have me harassed by cops, all of which has yielded a whopping $110 speeding ticket.

So yeah, I'll go ahead and fill out those complaint forms.
heyimjason is offline   Reply With Quote
Old 02-15-2013, 08:33 AM   #186
LWRider
Challenged Mechanic
 
LWRider's Avatar

Join Date: May 2009
Location: Lake Wales, FL
Posts: 2,338
LWRider is on a distinguished road
Default

"The national average cop salary is about $40k. That's what, about 20 bucks an hour? My average stop has been about 15-20 minutes. Factor in that half the time they had a partner with them, getting paid, and the cost of the fuel while they leave the cars running with the AC blasting and sucking down fuel, plus the usual extra squad car or two that shows up, doing the same thing, and you gotta figure that taxpayers have spent at least $3,000 to have me harassed by cops, all of which has yielded a whopping $110 speeding ticket."

Yeah, except they are going to be paid whether they stop you or not and have the car running whether they stop you or not.

100 times; that's a lot. I have been driving for 37 years and I recall maybe three stops, none of them tickets. Of course, my wife calls me "slow poke"; not sure what she means by that....

Cheers,

Mike
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
LWRider is offline   Reply With Quote
Old 02-15-2013, 10:45 AM   #187
Dodsfall
Administrator
 
Dodsfall's Avatar

Join Date: May 2008
Location: Illinois, USA
Posts: 16,338
Dodsfall is a jewel in the rough
Default

Quote:
Originally Posted by heyimjason View Post
If you have $20-$150 to spare, get yourself a hidden camera (in a pen, glasses, your helmet, etc) and record all confrontations with cops.
In Illinois, and a few other states, it's illegal to record police. Video is ok here, but sound can get you arrested.

The original law was meant to keep people from wiretapping communications of police officers doing their duty such as undercover operations. Of course, the law was sloppily and broadly written, so some departments started arresting people for video recording police in public areas.

The letter of the law is being used (and abused) for purposes that it was never intended for. Instead of protecting undercover operations, the law is now being used to stop the gathering of evidence of police misdeeds or potentially embarrassing situations.
__________________
2008 XL1200R

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Dodsfall is online now   Reply With Quote
Old 02-15-2013, 06:15 PM   #188
heyimjason
Hooker
 
heyimjason's Avatar

Join Date: Sep 2008
Location: Biloxi, MS
Posts: 325
heyimjason is on a distinguished road
Default

Mike - I hear similar things all the time. My dad seems to think I'm the unluckiest person around when it comes to the authority figures - but he loves hearing my stories.

Dodsfall - I get that, but they'll likely never know they're being recorded by me, unless I need to show the video as evidence (in that case, I can always just take the audio out). Of course, even if they said that video was inadmissible, you could still send it to the local news and YouTube (if you were threatened by a cop, or worse) and between the public outcry and PD embarrassment alone would bring more attention to this problem.

Hell, even in places like IL, you can still inform the cop as soon as he approaches you that you're recording. If he doesn't object to it, I'm pretty sure you're in the clear.
You should write some letters. Seems a little unfair that they can record audio/video but we can't.
heyimjason is offline   Reply With Quote
Old 02-16-2013, 11:12 PM   #189
Klrlindy63
Senior Member
 
Klrlindy63's Avatar

Join Date: Jul 2012
Location: NJ
Posts: 1,207
Klrlindy63 is on a distinguished road
Default

Interesting thread, at 49 I have only been stopped 2x in the past 20 years; the officer requested my paperwork and asked me when the last time I had been stopped, I replied probably 10 years or so......He returned to his car, after a short time he approaches me in my truck and says"you have not had a ticket in 20 years, I think that is pretty damn good, I am going to let you off with a warning!"
I drive an 07 bright red dodge Ram, bright Red CBR. And I have not been called a slow poke in years!
When you start getting pulled over multiple times in such short succession, maybe you need a little self examination. No doubt there are rouge cops out there. I have never had my vehicle searched either.
One more quick story,
I was driving down to South Carolina to do some boar hunting several years ago, pulled into a little town (my truck was brand new) and was followed into the gas station by the local sheriff, I was a little nervous as I had a rifle and a shotgun in the truck with me....
He approached me at the pump and asked me what I was doing and where I was headed. I simply and politely said I am traveling down to Hemingway to hunt boar, he gave me the once up and down and told me to enjoy my hunt, as he was walking away, I asked him, sheriff, why the questioning?
He came back and said, we are right off 95 here, most of the drugs for the US travel up that road, we get really suspicious when a car from NJ, NY pulls into town, I dont see you as the drug hauling type. I hope you enjoy your hunt.
I said thank you for the explanation, introduced myself and shook his hand. End of story
Klrlindy63 is offline   Reply With Quote
Reply
Thread Tools Search this Thread
Search this Thread:

Advanced Search


All times are GMT -4. The time now is 08:28 PM.

Copyright © 2006-2012 CrowdGather |  About Motorcycle Forum |  Advertisers |  Investors |  Legal |  Contact

Powered by vBulletin® Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2013, vBulletin Solutions, Inc.