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Old 06-22-2012, 08:17 AM   #161
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I can tell U one thing had I been the cop in the second video with the azzhat taunting me and cuttin me off, like he was doing I would have used that pushbar on the front of my to put him on his azz
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Old 06-22-2012, 08:44 AM   #162
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Quote:
Originally Posted by 07Blanco View Post
3)No one makes them do the job of a Police oiffice so lose the attitude. You chose the "noble" low paying job so do the job without being a dickhed.
I knew a traffic cop that lived in a gated community with Doctors and Lawyers so they are not all lowpaying jobs. He made plenty of money showing up to court and writting tickets.

He was still a .



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I heard somewhere they have to ask you three times before they can touch you......
Thats good to know!
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Sure, I've been called a xenophobe, but the truth is, I'm not. I honestly just feel that America is the best country and the other countries aren't as good. That used to be called patriotism.

yeah. I thought it'd be like riding with a condescending rossi.
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Old 06-22-2012, 08:53 AM   #163
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He made plenty of money showing up to court and writting tickets.
I guess he worked on commision
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Old 06-22-2012, 08:55 AM   #164
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overtime pays well
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Sure, I've been called a xenophobe, but the truth is, I'm not. I honestly just feel that America is the best country and the other countries aren't as good. That used to be called patriotism.

yeah. I thought it'd be like riding with a condescending rossi.
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Old 06-22-2012, 08:55 AM   #165
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i hate fu%kin cops...point blank! Abuse of power and authority. When one of them gets shot or killed - that's good news to my ears.
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Old 06-22-2012, 08:59 AM   #166
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i hate fu%kin cops...point blank! Abuse of power and authority. When one of them gets shot or killed - that's good news to my ears.
Please elaborate
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Sure, I've been called a xenophobe, but the truth is, I'm not. I honestly just feel that America is the best country and the other countries aren't as good. That used to be called patriotism.

yeah. I thought it'd be like riding with a condescending rossi.
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Old 06-22-2012, 09:03 AM   #167
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Quote:
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i hate fu%kin cops...point blank! Abuse of power and authority. When one of them gets shot or killed - that's good news to my ears.
You really need to learn to express yourself. Keeping bad feelings pent up just isn't healthy. It's okay tell us how you really feel.

Dumbass.
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Old 06-22-2012, 09:14 AM   #168
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i hate fu%kin cops...point blank! Abuse of power and authority. When one of them gets shot or killed - that's good news to my ears.
Thats fuct up, Some cops are power trip azzholes, but not all, and they are after all humans with families, saying when one gets shot or killed is good news, thats purdy chitty U reap what U sew, I use to be a smartass when I was younger everytime I got pulled over, that got me alot of grief, Now I have learned to respect them and it goes a lot farther, I have even gotten out of at least 2 tickets that were well over a ton, and even have been thanked for stopping, might try that sometime
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Old 06-22-2012, 09:22 AM   #169
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Old 06-22-2012, 09:26 AM   #170
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When one of them gets shot or killed - that's good news to my ears.
So what's jail really like?
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Old 06-22-2012, 09:48 AM   #171
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What's up with all this we have rights and stuff, it's the police. Do what they say stay quiet hope you dont catch a beat down.
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Old 06-22-2012, 09:49 AM   #172
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So what's jail really like?
I'm thinking he had his stretched. Based on his post, he must want to go back for more. Next time he gets pulled over, he should say that exact statement to the LEO.

I only hope he has a GoPro so we can watch his badassness in action.
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Old 06-22-2012, 09:52 AM   #173
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What's up with all this we have rights and stuff, it's the police. Do what they say stay quiet hope you dont catch a beat down.
Yes. The point that I was trying to make is sometimes it is best to pick your battles for the right time. On the side of the road when the cops are off is not the appropriate place to try to argue with him.
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Old 06-22-2012, 09:57 AM   #174
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First off, the arrest was legal. In Texas, there's only two crimes the officer absolutely cannot arrest you for and they are speeding and having an open container.

We never got to see the plate, but if it was obscured in any way, the stop and arrest was legal.

Even though it feels wrong, there is nothing legally wrong with pretextual stops. As a matter of fact undercover units will tail a suspected drug smuggler for miles until they see a traffic offense and then vector in marked units for a traffic stop. I had a marijuana case where HPD Narcotics tailed the guy to Beaumont before they witnessed a failure to change lanes without signalling and got a Beaumont PD officer to do the stop. As soon as the Beaumont PD officer pulled him over, the first question out of her mouth was "Can I look around the truck?"


I think it is pretty clear the stop in question was pretextual. The officer figured he could get the video voluntarily and when the rider refused to consent, the officer was at a loss what to do. He went back to his patrol car, probably radioed some supervisors or colleagues, and then came up with the idea of arresting for the plate. After arresting the guy, the officer is entitled to do an inventory search of the vehicle and the guy's property.

But an inventory search can't legally get the officer the video. The officer needed a search warrant to get the video because none of the warrantless exceptions apply. I've seen officers think they know ways to get around not having a search warrant so it doesn't surprise me.

So in the end it is a wash. The arrest was legal and there's nothing wrong with pretextual stops. The officer's attempt at getting the video was misguided but the only recourse is suppression of the video if it ever is used as evidence.

In the court of public perception, the officer's move was shady. Maybe he also violated department policy. But he didn't do anything illegal. And I don't know that public perception is really on our side considering the asshattery of the motorcyclists on the dashcam.

So these are what I would say are the takehome lessons:

1) Keep your bike and yourself legal. Don't give them an easy reason to stop you. Traffic violations have to be proved up. Something like an expired registration is self-evident and there's nothing you can say. So many cases have come through where the rider is dirty (no M, no ins, etc) and there wasn't any probable cause for the stop. If that was the case, the rider would have gotten off scotch free. But as the officer strolls up, he sees the registration is out. Well that is his PC. No matter how unlikely or improbable it is that an officer spotted an expired registration on a moving bike at 40 mph, it is not impossible and so you're hung.

2) If an officer is going to arrest you, he's going to arrest you. Good thing the guy had a headcam. I could have foreseen resisting arrest charges which would have tossed this into Class B "real crime" territory. Just go quietly and resolve it later.

3) Motorcycle asshattery is a disservice to the rest of us. I have this fear that one day I'll be rolling along on my lime green Kawasaki and some other lime green Kawasaki does something stupid and I get picked up for it. How do I prove a negative?

4) Cameras are a good thing. As a defense attorney, I wish they were everywhere.
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Old 06-22-2012, 10:15 AM   #175
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And the law has spoken !
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Old 06-22-2012, 10:20 AM   #176
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Quote:
Originally Posted by wackjum View Post
First off, the arrest was legal. In Texas, there's only two crimes the officer absolutely cannot arrest you for and they are speeding and having an open container.

We never got to see the plate, but if it was obscured in any way, the stop and arrest was legal.

Even though it feels wrong, there is nothing legally wrong with pretextual stops. As a matter of fact undercover units will tail a suspected drug smuggler for miles until they see a traffic offense and then vector in marked units for a traffic stop. I had a marijuana case where HPD Narcotics tailed the guy to Beaumont before they witnessed a failure to change lanes without signalling and got a Beaumont PD officer to do the stop. As soon as the Beaumont PD officer pulled him over, the first question out of her mouth was "Can I look around the truck?"


I think it is pretty clear the stop in question was pretextual. The officer figured he could get the video voluntarily and when the rider refused to consent, the officer was at a loss what to do. He went back to his patrol car, probably radioed some supervisors or colleagues, and then came up with the idea of arresting for the plate. After arresting the guy, the officer is entitled to do an inventory search of the vehicle and the guy's property.

But an inventory search can't legally get the officer the video. The officer needed a search warrant to get the video because none of the warrantless exceptions apply. I've seen officers think they know ways to get around not having a search warrant so it doesn't surprise me.

So in the end it is a wash. The arrest was legal and there's nothing wrong with pretextual stops. The officer's attempt at getting the video was misguided but the only recourse is suppression of the video if it ever is used as evidence.

In the court of public perception, the officer's move was shady. Maybe he also violated department policy. But he didn't do anything illegal. And I don't know that public perception is really on our side considering the asshattery of the motorcyclists on the dashcam.

So these are what I would say are the takehome lessons:

1) Keep your bike and yourself legal. Don't give them an easy reason to stop you. Traffic violations have to be proved up. Something like an expired registration is self-evident and there's nothing you can say. So many cases have come through where the rider is dirty (no M, no ins, etc) and there wasn't any probable cause for the stop. If that was the case, the rider would have gotten off scotch free. But as the officer strolls up, he sees the registration is out. Well that is his PC. No matter how unlikely or improbable it is that an officer spotted an expired registration on a moving bike at 40 mph, it is not impossible and so you're hung.

2) If an officer is going to arrest you, he's going to arrest you. Good thing the guy had a headcam. I could have foreseen resisting arrest charges which would have tossed this into Class B "real crime" territory. Just go quietly and resolve it later.

3) Motorcycle asshattery is a disservice to the rest of us. I have this fear that one day I'll be rolling along on my lime green Kawasaki and some other lime green Kawasaki does something stupid and I get picked up for it. How do I prove a negative?

4) Cameras are a good thing. As a defense attorney, I wish they were everywhere.
Awesome...thanks..It all makes perfect sence now...

Yes...i was warned about my tag on my old bike..and now i have it "visible"...just don't give them a reason to pull you over...and keep the spirited riding to a secluded area or track..
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Old 06-22-2012, 10:29 AM   #177
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What stands out to me is the disparity between the go-pro footage and the dash cam scenario. The cop in the original post went overboard when a fairly calm rider got a little mouthy and defensive. Shoves him from behind like that. He's not resisting. Then looks like he slamsthe door on something - was it his leg? Cop is on a power trip and needs a boot up his .

The cop that stops the truck remains calm (too calm imo) after being buzzed and backed off - that jackass taunting him, witnessing dozens of serious violations. Some sort of contraband is passed from the truck to a rider and then another person flees the scene on another bike... he's just calm. It would have made my day if that douchebag who rides up and grabs whatever it was from the girl got the tazed out of him before he could take off. Can you imagine if the first jackass was the one who stopped the truck?!?
The contraband you spoke of was the cameras recording the event. They want that out of there so there wouldn't have any recordings of it. Look closely its 2 cameras
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Old 06-22-2012, 10:47 AM   #178
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The contraband you spoke of was the cameras recording the event. They want that out of there so there wouldn't have any recordings of it. Look closely its 2 cameras
If you look even closer you can plainly see that those cameras were gutted and filled with meth
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Old 06-22-2012, 11:23 AM   #179
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You can't go to jail for an open container? Party on.
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Old 06-22-2012, 11:31 AM   #180
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Traffic violations have to be proved up.
Can you elaborate on that a bit? What exactly does "proved up" mean?
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