Legality and RRM Turbo??
Originally Posted by MitsuRalliArt
Know your rights.
4th Ammendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No warrant or probable cause, NO search. Tell the cops to stick it up their ***. Are they going to call the CAI sniffing dog?
4th Ammendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No warrant or probable cause, NO search. Tell the cops to stick it up their ***. Are they going to call the CAI sniffing dog?
my suggestion to the thread starter: if you are really concered...then i would suggest not to do it....if you do decide to do it....drive like your grandma's in the back seat, and know when you can open it up and when you cant...avoid sobriety tests/checkpoints, and keep your car from looking like anything illegal is on it, IE: high wings, body kits, decals, vulgur liscense plates
ok...talk to a few more cops today...this is the answer i got, please keep in mind that they are good friends of mine...l
yes they need to have probable cause...but probable cause can be anything from the sounds of the blowoff valve, to an open canister(exhaust) and an exhaust just being loud....why?....because it hints that you may have modified the rest of the engine....so in turn he does have the right to pop your hood...but if you get pulled for not having your seatbelt on...then he wont have probable cause///
Last edited by lookslikeanevo; Feb 10, 2005 at 06:32 PM.
Originally Posted by Danno
Not quite my firend. If you deny the search then they have probable cause because your are hiding something. A better method would be to take it to court and then move for dismissal because of a vilation of the 4th.
He can't tow your car unless he can prove, yes prove, that there is probable cause. In effect you look really really nervous about anything or that intercooler poking out the front without a "cosmetic" grill over it. So even all the stickers and wings in the world are only "cosmetic" and not basis for a search. If he asks you "What's with all the decals, and the wing?" look him dead in the eye and say it's a show car. I don't care if it's a rusted out 83 escort with a snorkel hanging sideways on the hood. Admit nothing, denying everything, make counter accusations. No wait that's after the arrest... Remember that you have to comply with a peace officers DEMANDS not his requests. He can ask all day, say NO! Listen to his phrasing very carefully. If he says "would, could, or do you mind?" say that you're sorry but not at this time. IF he then states "you need, you will, or is that blood dripping out of your trunk?" then you MUST comply or face obstruction charges including interfering with an investigation. Also NEVER LIE!!!!! If you don't want to plead the 5th, say you can't recall right now! (worked for Teflon Ron!) It's not a lie they can prove, and if it comes courtday you can always "recall the details" later before being held in contempt. If you want to play rules and regulations with a cop, remember that he went to school for it and does it for a living! 4th ammendant used to be a good thing but like the rest of them don't mean what they used to. If they impound your car on an illegal unwarranted search, go to court and get your impound fees back. Hire a lawyer, show up in court and learn how they get you off so you can do it yourself next time. Drive safely to the track now....
AMG
AMG
Evolving Member
Joined: Mar 2004
Posts: 475
Likes: 0
From: ATL
I've actually made money several times off of dirty cops. The case gets dismissed because there is no case, and then I sue the police department for lawyers fees, time off from work, stress, ect...
Lawyers are great. Find a nice one, they can be worth every penny.
Lawyers are great. Find a nice one, they can be worth every penny.
Evolving Member
Joined: Mar 2004
Posts: 475
Likes: 0
From: ATL
1st Case:
With 3 people in the car, I was on my way from GA to TX. I had my Passport 8500 up, I was doing 75 mph in a 65 mph zone with cruise control. I was just outside of Atlanta. I had a silver Tib and I was driving in the right lane. A Silver Porsche 911 blows by at 97 mph. As he was blowing by on the left, the Passport lights up like a Christmas tree and beeps like crazy. I see a cop on the right side of the road. He must have had an "instant on" Ka band gun. I do nothing, because 10 mph over versus 22 mph over is a no brainer. After several minutes the cop is closing up on our tail. The dumbass pulled us over for doing 97 in a 65. I guess he didn't feel like chasing a Porsche or he was that stupid. With 4 witnesses in the trial against him, and then against the police station in Civil court, I had a fairly strong case. I made $600 after lawyer’s and court fees.
Make sure you have a court recorder is you plan to sue. Your lawyer will know this.
2nd Case:
I had my father's truck because my Tib was getting new pistons and rods. I'm driving home from a New Years gathering. I was under 21 and I had NOTHING to drink. Not even a sip. I get pulled over. I wasn't speeding or driving unusual. The officer says he's doing random traffic inspections for the sake of public safety. I wasn't upset or bent out of shape. I kind of expected something like this so I just complied. He asked if I would step out of the car. His partner comes up on the other side of the car. I did so accordingly because cops commonly ask people to step out in order to detect any drunken movement. Next he says that he smells alcohol on “my breath” . He specifically stated, “my breath”, not my clothing, and not the interior of the truck. I could have been a little nicer here. I said, “Uhm, that’s a load of bullsh!t”. He asks me if I had any weapons. I told him no. He gives me his field sobriety crap and I take the test. While I take the test, his partner sifts through the truck. I pass the test and then I am asked to blow. I blow nothing because I had nothing to drink. The partner comes back with my dad’s gun that I didn’t even know of (he does stuff in downtown Atlanta at night). I get a ticket for having a gun without a permit, illegal possession of…. etc…..
I immediately called my lawyer after the tickets were issued, the gun confiscated, and the pigs were gone. He called the police station and had the dash cam tape seized for evidence. If there was in fact no alcohol on my breath, then there is no probable cause. If so, the vehicle cannot be searched unless I allow them to. The charges were dropped because there was no justification to search the vehicle.
I later sued the station and acquired $200 after the lawyer got his chunk. One part of the settlement was having both officers suspended for a week in order to train on proper sobriety inspections.
I’ve also gotten out of nearly every moving violation with him too. Either that, or keep it off my record and only pay fines. Worth every penny.
With 3 people in the car, I was on my way from GA to TX. I had my Passport 8500 up, I was doing 75 mph in a 65 mph zone with cruise control. I was just outside of Atlanta. I had a silver Tib and I was driving in the right lane. A Silver Porsche 911 blows by at 97 mph. As he was blowing by on the left, the Passport lights up like a Christmas tree and beeps like crazy. I see a cop on the right side of the road. He must have had an "instant on" Ka band gun. I do nothing, because 10 mph over versus 22 mph over is a no brainer. After several minutes the cop is closing up on our tail. The dumbass pulled us over for doing 97 in a 65. I guess he didn't feel like chasing a Porsche or he was that stupid. With 4 witnesses in the trial against him, and then against the police station in Civil court, I had a fairly strong case. I made $600 after lawyer’s and court fees.
Make sure you have a court recorder is you plan to sue. Your lawyer will know this.
2nd Case:
I had my father's truck because my Tib was getting new pistons and rods. I'm driving home from a New Years gathering. I was under 21 and I had NOTHING to drink. Not even a sip. I get pulled over. I wasn't speeding or driving unusual. The officer says he's doing random traffic inspections for the sake of public safety. I wasn't upset or bent out of shape. I kind of expected something like this so I just complied. He asked if I would step out of the car. His partner comes up on the other side of the car. I did so accordingly because cops commonly ask people to step out in order to detect any drunken movement. Next he says that he smells alcohol on “my breath” . He specifically stated, “my breath”, not my clothing, and not the interior of the truck. I could have been a little nicer here. I said, “Uhm, that’s a load of bullsh!t”. He asks me if I had any weapons. I told him no. He gives me his field sobriety crap and I take the test. While I take the test, his partner sifts through the truck. I pass the test and then I am asked to blow. I blow nothing because I had nothing to drink. The partner comes back with my dad’s gun that I didn’t even know of (he does stuff in downtown Atlanta at night). I get a ticket for having a gun without a permit, illegal possession of…. etc…..
I immediately called my lawyer after the tickets were issued, the gun confiscated, and the pigs were gone. He called the police station and had the dash cam tape seized for evidence. If there was in fact no alcohol on my breath, then there is no probable cause. If so, the vehicle cannot be searched unless I allow them to. The charges were dropped because there was no justification to search the vehicle.
I later sued the station and acquired $200 after the lawyer got his chunk. One part of the settlement was having both officers suspended for a week in order to train on proper sobriety inspections.
I’ve also gotten out of nearly every moving violation with him too. Either that, or keep it off my record and only pay fines. Worth every penny.
Originally Posted by MitsuRalliArt
1st Case:
With 3 people in the car, I was on my way from GA to TX. I had my Passport 8500 up, I was doing 75 mph in a 65 mph zone with cruise control. I was just outside of Atlanta. I had a silver Tib and I was driving in the right lane. A Silver Porsche 911 blows by at 97 mph. As he was blowing by on the left, the Passport lights up like a Christmas tree and beeps like crazy. I see a cop on the right side of the road. He must have had an "instant on" Ka band gun. I do nothing, because 10 mph over versus 22 mph over is a no brainer. After several minutes the cop is closing up on our tail. The dumbass pulled us over for doing 97 in a 65. I guess he didn't feel like chasing a Porsche or he was that stupid. With 4 witnesses in the trial against him, and then against the police station in Civil court, I had a fairly strong case. I made $600 after lawyer’s and court fees.
Make sure you have a court recorder is you plan to sue. Your lawyer will know this.
2nd Case:
I had my father's truck because my Tib was getting new pistons and rods. I'm driving home from a New Years gathering. I was under 21 and I had NOTHING to drink. Not even a sip. I get pulled over. I wasn't speeding or driving unusual. The officer says he's doing random traffic inspections for the sake of public safety. I wasn't upset or bent out of shape. I kind of expected something like this so I just complied. He asked if I would step out of the car. His partner comes up on the other side of the car. I did so accordingly because cops commonly ask people to step out in order to detect any drunken movement. Next he says that he smells alcohol on “my breath” . He specifically stated, “my breath”, not my clothing, and not the interior of the truck. I could have been a little nicer here. I said, “Uhm, that’s a load of bullsh!t”. He asks me if I had any weapons. I told him no. He gives me his field sobriety crap and I take the test. While I take the test, his partner sifts through the truck. I pass the test and then I am asked to blow. I blow nothing because I had nothing to drink. The partner comes back with my dad’s gun that I didn’t even know of (he does stuff in downtown Atlanta at night). I get a ticket for having a gun without a permit, illegal possession of…. etc…..
I immediately called my lawyer after the tickets were issued, the gun confiscated, and the pigs were gone. He called the police station and had the dash cam tape seized for evidence. If there was in fact no alcohol on my breath, then there is no probable cause. If so, the vehicle cannot be searched unless I allow them to. The charges were dropped because there was no justification to search the vehicle.
I later sued the station and acquired $200 after the lawyer got his chunk. One part of the settlement was having both officers suspended for a week in order to train on proper sobriety inspections.
I’ve also gotten out of nearly every moving violation with him too. Either that, or keep it off my record and only pay fines. Worth every penny.
With 3 people in the car, I was on my way from GA to TX. I had my Passport 8500 up, I was doing 75 mph in a 65 mph zone with cruise control. I was just outside of Atlanta. I had a silver Tib and I was driving in the right lane. A Silver Porsche 911 blows by at 97 mph. As he was blowing by on the left, the Passport lights up like a Christmas tree and beeps like crazy. I see a cop on the right side of the road. He must have had an "instant on" Ka band gun. I do nothing, because 10 mph over versus 22 mph over is a no brainer. After several minutes the cop is closing up on our tail. The dumbass pulled us over for doing 97 in a 65. I guess he didn't feel like chasing a Porsche or he was that stupid. With 4 witnesses in the trial against him, and then against the police station in Civil court, I had a fairly strong case. I made $600 after lawyer’s and court fees.
Make sure you have a court recorder is you plan to sue. Your lawyer will know this.
2nd Case:
I had my father's truck because my Tib was getting new pistons and rods. I'm driving home from a New Years gathering. I was under 21 and I had NOTHING to drink. Not even a sip. I get pulled over. I wasn't speeding or driving unusual. The officer says he's doing random traffic inspections for the sake of public safety. I wasn't upset or bent out of shape. I kind of expected something like this so I just complied. He asked if I would step out of the car. His partner comes up on the other side of the car. I did so accordingly because cops commonly ask people to step out in order to detect any drunken movement. Next he says that he smells alcohol on “my breath” . He specifically stated, “my breath”, not my clothing, and not the interior of the truck. I could have been a little nicer here. I said, “Uhm, that’s a load of bullsh!t”. He asks me if I had any weapons. I told him no. He gives me his field sobriety crap and I take the test. While I take the test, his partner sifts through the truck. I pass the test and then I am asked to blow. I blow nothing because I had nothing to drink. The partner comes back with my dad’s gun that I didn’t even know of (he does stuff in downtown Atlanta at night). I get a ticket for having a gun without a permit, illegal possession of…. etc…..
I immediately called my lawyer after the tickets were issued, the gun confiscated, and the pigs were gone. He called the police station and had the dash cam tape seized for evidence. If there was in fact no alcohol on my breath, then there is no probable cause. If so, the vehicle cannot be searched unless I allow them to. The charges were dropped because there was no justification to search the vehicle.
I later sued the station and acquired $200 after the lawyer got his chunk. One part of the settlement was having both officers suspended for a week in order to train on proper sobriety inspections.
I’ve also gotten out of nearly every moving violation with him too. Either that, or keep it off my record and only pay fines. Worth every penny.
Where was the gun in the truck? You might have gotten lucky due to the Terry stop/search law (why they can frisk you and look for weapons on your person). It sounds like it's a close call unless the gun was behind the seat where you couldn't possibly reach it. If it was under the seat, you got real lucky to not get a "complimentary" ride back to the station. Not knowing about the gun doesn't cut it. My uncle drove a cab in PA and had all his paperwork for concealed carry. He took a fare into NJ (big tip) and was stopped on the way back for speeding. He informed the officer of the gun and showed his permits so there wouldn't be any surprises to the officer. Well my Uncle was the one surprised to find out that hollow points might as well be Kilos of cocaine. You get about the same sentence for each one in your possesion! That cost about $5k to clear up back in the early 90's... On a side note for some people who might have something a cop would really like to see but isn't a weapon. You are not required to pull that bag of sage/sweet and low out of your pocket unless it's pressed into the shape of a gun! Unfortunatly they just bring in the K-9 to sniff you and that IS cause to turn your pockets out.... Sorry to ramble on this one I just didn't want everyone to think they could start packin' and get off on a tech like you did.
AMG
AMG