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Old 01-13-2012, 03:30 PM   #81
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That sucks ether way. Maybe he was off cause last person got away.. Anyhow thanks for the heads up.
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Old 01-13-2012, 04:28 PM   #82
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Sucks man.
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Old 01-13-2012, 04:44 PM   #83
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. In the context of searches and seizures of cars and other vehicles, search warrants usually are not needed or used.

However, there are several exceptions to the warrant requirement that permit warrantless searches, such as the ''automobile exception'' and a ''search incident to lawful arrest.''

In addition, if police are given consent to search then no search warrant is necessary.

Most often, searches of cars take place without a warrant and as an incident to a lawful arrest of the driver, or even a passenger.

For an arrest to be lawful, it must be supported by probable cause. The police have probable cause to arrest a suspect when, at the moment the arrest is made, they have a reasonable belief that the suspect has committed or is committing a crime.

Once an arrest has been made, the police can search the body of the person who was arrested for weapons or illegal goods. In addition, the police can search the car, including the trunk, if there is a reasonable belief that they hold illegal or stolen goods.

Evidence obtained by police through an illegal search and seizure cannot be used in a criminal action against a defendant. This doctrine is known as the exclusionary rule.

When evidence is taken from a car by police after a motorist has been stopped, the issue of whether that evidence can be used against the driver in a later criminal trial turns on:

The validity of the police officer's stop of the motorist, and
Whether the facts and circumstances of the stop provide an exception to the warrant requirement

With respect to vehicles, there is less strict enforcement of the warrant requirement because:

The mobile nature of automobiles creates exigent circumstances -- situations that require immediate action, and
A person's expectation of privacy with respect to his or her car is lower than the expectation of privacy with respect to his or her home

Nevertheless, it is likely that there must be strict compliance with the warrant requirements for the search of a car that is parked on private property and there are no exigent circumstances indicating that there is not enough time to obtain a valid search warrant and still ensure that evidence is not destroyed.

In addition, there is an important distinction between the ability of the police to stop and seize a moving vehicle and the right of the police to approach and request information from the driver or passengers of a stationary vehicle:

When a car is stationary, an officer does not have to have a reasonable suspicion to approach it. The police can exercise their rights to inquire, that is, the right to approach and request information
When a car is momentarily stopped, for example, at a traffic light, but is otherwise in the general flow of traffic, the car is not "stationary" for these purposes

Body Searches Incident to Lawful Arrests

When there is a lawful custodial arrest for a traffic violation, a full search of the person is not only an exception to the Fourth Amendment's warrant requirement, but the search is also ''reasonable'' under the Fourth Amendment.

The authority to search incident to a lawful arrest focuses on:

The need to disarm the suspect to take him or her into custody
The need to preserve evidence found on the suspect's person for later use at trial, and
The need to ensure the arresting officer's safety during the time he or she is in contact with the arrestee

Searches Following Traffic Infractions or Violations

As a general rule, a speeding or traffic violation, by itself, will not justify the search of a vehicle. That is so because a driver's excessive speed does not indicate that the driver is violent, and it does not give the police officer any reason to think that he is in danger of being assaulted.

However, this rule is not without exceptions. If, for example, the officer has a reasonable belief that he or she might be assaulted by the driver, or if the motorist fails to produce a driver's license or produces a forged one, a search by the officer normally will be valid.


To stop a vehicle, an officer needs only a reasonable suspicion that the driver is committing or has committed a traffic infraction. In most cases, the reasonable suspicion arises from the officer's own observations of the driver's behavior. However, the police have the authority to stop a vehicle based upon the tip of an anonymous driver or pedestrian.

An officer's suspicion might be reasonable even when the officer makes a mistake of fact, such as when the officer's computer mistakenly reports that the driver's license is under suspension.

Searches of Cars

A search incident to a suspect's lawful arrest, for the purpose of removing any weapons that might be used to resist arrest or effect escape or preventing concealment or destruction of evidence, is not limited to the suspect's person, but extends to the area within his her immediate control where he or she might reach to grab a weapon or evidence.

When a police officer has made a lawful arrest for a traffic infraction, a search of the vehicle is reasonable if it is conducted incident to arrest, that is, the search is at the same time and place of the arrest, or very near to, and the defendant and the vehicle must be within the immediate control of the defendant at the time of the arrest.

If the search of a defendant's body after a traffic arrest is later invalidated, any search of the car that took place after the body search will likewise be invalidated.

The ''Automobile'' Exception

One of the exceptions to the Fourth Amendment's warrant requirement is the so-called ''automobile'' exception. When a car is stopped by police, a warrantless search of the car is proper under this exception if the police have probable cause to believe that it contains evidence of a crime in light of an exigency, or need for immediate action, arising out of the likely disappearance of the vehicle and the resulting destruction of the evidence.

What parts of the car can be searched and what can be seized or taken? In most instances, a valid search of a vehicle can include closed and locked containers within the car, such as packages or luggage. In addition, while there must be a nexus, or connection, between the crime and the search, there is no rigid rule that the search be limited only to items relating to crimes leading to the defendant's arrest.

When and where does the search have to happen? When there is probable cause to search a vehicle under the automobile exception, it is not necessary that the search take place immediately. So, a valid search can occur long after the initial stop and even after the car has been moved to the police station or impound lot.

''Frisk'' of a Vehicle and its Occupants

After stopping a car for a traffic violation or because of a reasonable suspicion of criminal activity, the police are permitted to conduct a frisk for weapons if he or she has, or develops, a reasonable suspicion that the car's driver or passengers might be armed or dangerous.

If officers have reasonable suspicion for a frisk, they can frisk not only the suspect, but also the areas in the vehicle over which the suspect would have immediate control and which could contain a weapon, such as under the seat or a bag on a seat. Officers can frisk these areas of the vehicle even if the suspect is no longer in the vehicle.

Consent to Search
When a driver gives a police officer permission to search his or her car, the warrant requirement is, of course, not necessary. Consent can be either ''express'' or ''implied.''

Implied consent
most often comes into play when a driver is suspected of driving under the influence of alcohol or similar impairment (''DUI'' or ''DWI''). Many states have statutes that specify that when an officer has a reasonable suspicion that a driver is impaired, the driver's use of the public streets is implied consent to search of the driver's person and vehicle.

Express consent
arises when a police officer asks for and receives permission to search the driver's car. When such consent is given, the officer usually is permitted to open a closed container in the car if it might reasonably hold the object of the search.

When express consent has been given, the Fourth Amendment is satisfied when it is objectively reasonable for the officer to believe that the scope of the suspect's consent permits the officer to open a particular container within the automobile.

Of course, even if express consent to search is given, a driver can limit the scope of the search. So, for example, if an officer requests permission to search a driver's car, the driver can reply, ''yes, but you cannot search the trunk.''- Absent probable cause to believe that the trunk contains illegal or stolen goods or evidence of a crime, if the officer searches the trunk the search likely will be declared invalid.

What the Police Can Do During a Stop

Once police officers have lawfully stopped a vehicle, either because of probable cause for a traffic infraction or reasonable suspicion of criminal activity, they can:

Order the occupants out of the vehicle
Ask to see the driver's license, registration, and other relevant information, such as an insurance card ("proof of insurance")
Conduct a limited search to gain access to the vehicle identification number (''VIN'')
Conduct a dog sniff (''canine sniff''), so long as the sniff does not extend the length of the stop
Take actions reasonably related to the original reason for stopping the vehicle or related to suspicions that develop during the stop
Frisk for weapons if they have or develop a reasonable suspicion that the occupants may be armed or dangerous, and
Search the vehicle if the stop provides probable cause for the officers to believe it contains illegal or stolen goods or evidence of a crime
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Old 01-13-2012, 05:29 PM   #84
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Old 01-13-2012, 05:36 PM   #85
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Old 01-13-2012, 06:11 PM   #86
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This. Cause and effect? I'm thinking most likely.

Either way. Entertaining thread...

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Old 01-13-2012, 06:24 PM   #87
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I'm totally against them searching our digital media like that.
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Old 01-13-2012, 06:36 PM   #88
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Quote:
Originally Posted by morvegil View Post
So basically a grey area.
Yes. Like I was essentially saying.

Quote:
Originally Posted by hotcknstrips
But then why is he free today? he wasn't taken to downtown after all.
So what? All the better for him. Officer may have called the DA on the phone and the DA decided the case wasn't strong enough, so the officer cut him loose. STILL doesn't mean a civil rights violation case exists.

Quote:
Originally Posted by hotcknstrips
Also, is it OK just to write "unsafe speed" without the actual speed he was clocked at
Don't know how many times we're going to have to say it. Yes, it's okay. Testimony will focus on his speed relative to other vehicles in the road, or conditions of heavy traffic, or weather, or any number of things. Maybe how he was hot-swapping lanes blowing by people. Hard to say; neither of us were there. OP knows what he was doing though, and I'm pretty sure it wasn't standard speed, poor innocent sportbiker.

Quote:
Originally Posted by cychotic
I don't even need to guess that you must work for or with LEOs.
Can't get anything past you, can I?

Quote:
Originally Posted by honorsdaddy
I have yet to see you accept that cops DO up from time to time.
Oh, I worked in IAD for a year, I assure you that I'm well aware that they do. I have a rather unique perspective in that regard. But I'm equally sure that 99% of the whining about cops involves someone doing something wrong and getting caught.

Out of that year spent in IAD, out of dozens of complaints on officers, I worked exactly two cases that were founded. One was relatively minor; the officer was admonished and is still employed. The other was was relatively major, and the officer was fired.

I am simply saying there can be legitimate reasons why this officer did what he did, and the rabid condemnation of him, his agency, the "" referenced in other posts, the FTP referenced, and all cops in general in this thread, serves nobody. It degrades legitimate debate and information, and while it may make some people here feel all tingly down there, it really does you a disservice. Cops know your crowd give them no respect, runs frequently, rides too fast... And you think you're mistreated? Want to change it? Believe me, Daft Punk isn't 1) going to scare any of us, and 2) isn't going to get ANYTHING changed.
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Old 01-13-2012, 06:41 PM   #89
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Quote:
Originally Posted by LCLF Brain View Post
Yes. Like I was essentially saying.



So what? All the better for him. Officer may have called the DA on the phone and the DA decided the case wasn't strong enough, so the officer cut him loose. STILL doesn't mean a civil rights violation case exists.



Don't know how many times we're going to have to say it. Yes, it's okay. Testimony will focus on his speed relative to other vehicles in the road, or conditions of heavy traffic, or weather, or any number of things. Maybe how he was hot-swapping lanes blowing by people. Hard to say; neither of us were there. OP knows what he was doing though, and I'm pretty sure it wasn't standard speed, poor innocent sportbiker.



Can't get anything past you, can I?



Oh, I worked in IAD for a year, I assure you that I'm well aware that they do. I have a rather unique perspective in that regard. But I'm equally sure that 99% of the whining about cops involves someone doing something wrong and getting caught.

Out of that year spent in IAD, out of dozens of complaints on officers, I worked exactly two cases that were founded. One was relatively minor; the officer was admonished and is still employed. The other was was relatively major, and the officer was fired.

I am simply saying there can be legitimate reasons why this officer did what he did, and the rabid condemnation of him, his agency, the "" referenced in other posts, the FTP referenced, and all cops in general in this thread, serves nobody. It degrades legitimate debate and information, and while it may make some people here feel all tingly down there, it really does you a disservice. Cops know your crowd give them no respect, runs frequently, rides too fast... And you think you're mistreated? Want to change it? Believe me, Daft Punk isn't 1) going to scare any of us, and 2) isn't going to get ANYTHING changed.

my mother and father worked IA for the federal govt for 10 years...I assure you they worked more than 2 cases. One case involving a local peace officer accused of drug trafficking tried blowing his head off but only succeeded in losing the lower half of his face. not only did he serve time, but now is disfigured.
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Old 01-13-2012, 06:46 PM   #90
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Quote:
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my mother and father worked IA for the federal govt for 10 years...I assure you they worked more than 2 cases. One case involving a local peace officer accused of drug trafficking tried blowing his head off but only succeeded in losing the lower half of his face. not only did he serve time, but now is disfigured.
Oh yeah, if you work for the feds you get the worst case scenario cases, and your realm is much much larger than mine was. After all, feds get all the cases all over the entire nation. My sphere of control was only a local agency. We didn't have anything like that happen during my tenure in IAD, although if it had, I wouldn't have hesitated to send the offender up the river.
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Old 01-13-2012, 10:13 PM   #91
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Quote:
Originally Posted by LCLF Brain View Post
Yes. Like I was essentially saying.



So what? All the better for him. Officer may have called the DA on the phone and the DA decided the case wasn't strong enough, so the officer cut him loose. STILL doesn't mean a civil rights violation case exists.



Don't know how many times we're going to have to say it. Yes, it's okay. Testimony will focus on his speed relative to other vehicles in the road, or conditions of heavy traffic, or weather, or any number of things. Maybe how he was hot-swapping lanes blowing by people. Hard to say; neither of us were there. OP knows what he was doing though, and I'm pretty sure it wasn't standard speed, poor innocent sportbiker.



Can't get anything past you, can I?



Oh, I worked in IAD for a year, I assure you that I'm well aware that they do. I have a rather unique perspective in that regard. But I'm equally sure that 99% of the whining about cops involves someone doing something wrong and getting caught.

Out of that year spent in IAD, out of dozens of complaints on officers, I worked exactly two cases that were founded. One was relatively minor; the officer was admonished and is still employed. The other was was relatively major, and the officer was fired.

I am simply saying there can be legitimate reasons why this officer did what he did, and the rabid condemnation of him, his agency, the "" referenced in other posts, the FTP referenced, and all cops in general in this thread, serves nobody. It degrades legitimate debate and information, and while it may make some people here feel all tingly down there, it really does you a disservice. Cops know your crowd give them no respect, runs frequently, rides too fast... And you think you're mistreated? Want to change it? Believe me, Daft Punk isn't 1) going to scare any of us, and 2) isn't going to get ANYTHING changed.

It's funny how you condemn "our crowd" as being runners and giving no respect for the law, which lumps everyone together because of a bad few. Yet, you defend police who abuse their power basically saying it's our own fault we get treated like we do. Being an officer of the law doesn't make you above it. I've known some good cops and I've met some real douchebags but I won't lump all them together because of it. Personally, the OP needs to get a lawyer and discuss it with them and deal with it in court. I'm sure we will all be interested in the outcome.
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Old 01-13-2012, 10:35 PM   #92
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Old 01-13-2012, 10:51 PM   #93
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Old 01-13-2012, 11:58 PM   #94
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What's funny, is that, it sounds like the officer in question, could not legally determine, at that time, that renzo was speeding. So instead of letting him go, he decides to BE A DOUCHEBAG, and hide behind that "grey area" that LCLF brain so eloquently put it.

Bravo LCLF, brav--oh....

You know, your a real piece of work. It's almost like you've seen "sooo much" in your day or career as an officer, that you automatically assume that every rider out there is a douche on wheels. While painstakingly hard as it is to seperate the good from the bad, one would hope that you would not lump us all into that category. Have a nice day.....
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Old 01-14-2012, 12:17 AM   #95
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I don't think all of you are guilty. I don't have to rely on my experience as a cop. I'm just looking back in this thread and seeing what all of you are saying. "Shoulda run", " cops", FTP, and veiled threats from Daft Punk.

Oh, but *I* am the douchebag? Yeah, okay. You just don't get it.

If. you. want. to. change. your. rep. with. cops. you. will. NEVER. do. it. like. you're. doing. it. here.

Bottom line.

There is no grey area in the law about writing a citation for Unsafe Speed. It's a legit charge that the officer will simply have to articulate. Nothing grey about it at all. The OP can take it to court and find out, eh? The grey area is in whether he can search for the video. THAT is hard to say.
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Old 01-14-2012, 12:50 AM   #96
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Old 01-14-2012, 01:18 AM   #97
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Quote:
Originally Posted by LCLF Brain View Post
I don't think all of you are guilty. I don't have to rely on my experience as a cop. I'm just looking back in this thread and seeing what all of you are saying. "Shoulda run", " cops", FTP, and veiled threats from Daft Punk.

Oh, but *I* am the douchebag? Yeah, okay. You just don't get it.

If. you. want. to. change. your. rep. with. cops. you. will. NEVER. do. it. like. you're. doing. it. here.

Bottom line.

There is no grey area in the law about writing a citation for Unsafe Speed. It's a legit charge that the officer will simply have to articulate. Nothing grey about it at all. The OP can take it to court and find out, eh? The grey area is in whether he can search for the video. THAT is hard to say.
You say it is a legit charge, which I WILL agree with you on. My only gripe, is that, does it seem like the officer in question was right in giving a charge such as that? But honestly, I cant fault you for your opinion, cause you werent there. Maybe renzo, based off his riding at that time, was deserving of a unsafe speed ticket. Maybe not. But it just seems that you immediately take offense when someone say's FTP, like they're saying that directly to your face. I'm not. I respect your profession and believe I should be punished accordingly, if/when I break the law. But just try to see it from our perspective, is all im saying. Instead of the latter....
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So is refusing to give it up.

If you keep looking in the pantry and finding out its empty, eventually you go to a restaurant.
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Old 01-14-2012, 01:18 AM   #98
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Old 01-14-2012, 02:16 AM   #99
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Old 01-14-2012, 09:03 AM   #100
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can you edit it to say "safe speed"?
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