Can police pull over for "hunches"?

[Burrcold]

Originally Posted by Muskokan

I got pulled over for 38km over last month, dude was totally fishing, just trying to convince the court now..

Uhhh that just sounds like something a cop SHOULD pull you over for.

[wbradley]

Cops will do routine stops when not otherwise occupied.for the simple reason that most drug and alcohol related charges are a result of these routine stops. Its in everyone's best interest when you are on the road. No harm done to the innocent.

[Joakim3]

Originally Posted by kanundrum

I was at a DUI Check Point the other night

Cop told me to pull over to the side (was in the FRS which is super flashy and super loud now) and asked where I came from etc.

Nothing to do with drinking , and gave me a ticket for no front tag lol

What color is yours? Seeing I live 5 minutes north of laurel MD

[kanundrum]

Originally Posted by Joakim3

What color is yours? Seeing I live 5 minutes north of laurel MD

White with a Cf Hood, its garaged most of the time

[Joakim3]

I'll keep a look out next time I'm down there

In regards to the topic.... Probable cause OP, probable cause

[rice_classic]

You're in NY... automotive equivalent of stop and frisk?

I'm with Orbital... I have a whole diatribe I could type but I won't... the state of police agencies today is just so messed up.

[Philly758]

They need to have probable cause... I went on a youtube kick the other day, watched like 5 "i don't answer questions" videos. Pretty funny.

All of there questions are meant to incriminate you and to build up what their "probable" cause was for their report.

[SirBrass]

Originally Posted by ZionsWrath

So last night I got pulled over for seemingly no reason.

I was driving through my neighborhood going to the highway to get to work. I saw a local cop "hiding" in the shadows, and instinctively looked at my speed. I was doing 33 (30 mph local street), no prob I thought.

As I passed he shined his light into my car and quickly pulled out behind me. Waited behind me at the red light and when it turned green turned on his lights.

First he said "I stopped you because you were driving pretty fast". I noticed he didn't state a speed which means he wast using his laser/radar. Then he asked the standard where I'm coming from/where I'm going.

Then he asks if I've ever been arrested before. Then asks for my license/registration.

THEN he says there is a warrant for someone with my last name but different first name.

Goes back to his car, runs my ID, comes back after 5 minutes and says you're good to go.


Seriously, WTF?! I was very pleasant and just went on my way because I was late to work.

But can a cop really stop you because you have the same last name as someone that has a warrant?

They can pull you over on "reasonable suspicion", which is what this was.

What they cannot do (despite what some others claim) is hold you without a hearing (it's this thing called a "writ of habeus corpus", and any competent law student would be able to hang a prosecutor out to dry in front of a judge if the prosecutor decided to keep you socked away without even telling anyone), arrest you without probable cause or a warrant, search your car without a warrant OR without your consent (consent doesn't matter if they don't have a warrant, but does if they don't), etc.

You can be pulled over on reasonable suspicion, but you cannot be unreasonably detained. And you cannot be deprived of your freedom (even temporarily) without - at the very least - probable cause. And if probable cause cannot be proven, then you're released and the police get egg all over their face without you having to do a thing. So, most PDs try and avoid that. It makes them look bad and it decreases non-LEO civilian (since LEOs are civilians too) cooperation with the PD if they get a reputation for unjustified detention. Means they can't do their jobs right and the folks who hire the chief will be getting complaints and possibly thrown out of office if they don't do something about it.

Your best defense against police abuse is being involved in local city politics. Make your voice felt by the folks who need your vote to stay on city counsel or in city office. And if you live in an unincorporated section of a county, where local LEO is the Sherrif's Office, then you directly select the sherrif (Sheriff, unlike Police Chief, is an elected position, not an appointed position), and he's got to have your support to remain in office.

That's also why traditionally Sheriffs have sided more with the citizens than the Chiefs had. The Chiefs usually tow the agenda of the guy on city counsel who hired them. Sheriffs support the desires of the people who hired (elected) them.

Choose your local sheriff wisely.

[HunterGreene]

^Amen.

And guys & gals...if you don't do anything wrong, then even if you get pulled over, you will be on your way inside of a few minutes.

[SVTSHC]

Originally Posted by OrbitalEllipses

I was going to write something long winded, but I'm not going to because this topic makes me angry.

My sentiments exactly. The same thing has happened to me in the past with the same end result; thinking about it infuriates me. The bullshit excuse I was given was "we heard someone was trying locks around here"... never mind MY keys with my (at the time) college ID attached to them were in the ignition

[FRSPirate]

Yeah... Pigs.
Had a CHP give my friend and i a ticket for speeding when we were not. We went to court, the judge saw both of us at the same time since the tickets where both part of the same incident. As the officer was telling his side, he slipped up on a few details and i discussed it with my friend on the spot. When it was our turn to state our case, we called out the officer on the details, explained what really happened to the judge and had witness' testify on our behalf that what we said was true. Judge said "i have no reason to believe what the officers stated to be false... blah blah you go pay the fine and take your lumps." Got pulled over a couple weeks later...
"Don't i know you?"
Yes, my friend and i took you to court a few weeks ago and you lied in court.
"Yeah, but you still got the ticket huh?" - Officer Woods

Low and behold, i just searched his name and... http://www.vcstar.com/news/2009/jun/...r-in-dui-stop/

A month ago I got pulled over for "speeding." Officer kept asking me why i was in a hurry, if i always drove that way and why i was speeding... Repeated the questions over and over changing words here in there trying to get me to incriminate myself. I finally just stick my hand out towards him with my license, reg and proof of ins. and stop talking to him. He asks if i am going to answer his questions...i kept silent with my hand out. He gives me a little shpeal "Listen, i am just trying to understand why you were driving this way. I understand sometime people have an emergency, are late to work..." I said listed, i am not stupid, you are using repetitive questioning with intimidation to get me to incriminate myself! I keep my hand out with my papers...
"So you are not going to answer my questions then?"
"NO!"
He takes a step back walks to the front of my car and walks around my car writes me up for tags, tint and front plate. He had the tags in his hand, they just were not on the plates yet.

This has been my life while driving imports. Drove an Audi (POS Cars) for 5 years and only got pulled over when i was actually substantially breaking the law...looking back on my record through the court website, i was never ticketed in my Audi either, it was on my motorcycle!

[SnapOv3st3r]

Originally Posted by Allch Chcar

I'm no expert on traffic laws but there are numerous regulations that a LEO can use to justify a traffic stop. They don't even need a search warrant for vehicle searches on public roads if they have permission or probable cause. Since it's public domain versus private property.

Interesting enough, even game wardens can pull you over for traffic violations. But they can't write you a ticket for anything traffic related. I found that out when my dad was pulled over for a seat belt violation. And speeding. And a taillight being out.

Your vehicle is not public domain, it's still private property.

[kanundrum]

This is all of Us

[SirBrass]

Thing is, most cops are the good kind: trying to do a good job in a crappy work environment where even decent folks wonder if he's going to try and harass them... all b/c a few folks who wear the same uniform he does try and play power games.

Read this thread: http://www.iwsti.com/forums/general/...right-way.html

At about page 5 is when the cops on iwsti start chiming in, and you see a pattern about how a good cop handles things.