Can the police retaliate against citizen for refusing to provide info?

[Maggot]

I thought this an interesting read, though I would like to see more restraint required by the courts.

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https://www.yahoo.com/news/m/ccff6f...s_can-the-police-retaliate.html?.tsrc=fauxdal

 

[Deleted member 10043]

It's tricky as the article goes into great lengths. He had a right to remain silent but no right to refuse to get out of the vehicle. That is where he lost out on his attempt to set up a lawsuit. He could have still remained silent while following lawful orders. It was a lawful stop and the officer was conducting an investigation. That gives the officer special immunity.

 

[sierracharlie338]

It's tricky as the article goes into great lengths. He had a right to remain silent but no right to refuse to get out of the vehicle. That is where he lost out on his attempt to set up a lawsuit. He could have still remained silent while following lawful orders. It was a lawful stop and the officer was conducting an investigation. That gives the officer special immunity.

You said it all





Sierracharlie338....

 

[diverdon]

The washington post thinks I should pay $.99 to read the article (not gonna happen) but in real life you have to realize that of course they can and likely will retaliate. That said, If I did not want to answer a question for any reason I would not answer it. If the police can prove I have comitted a crime I'll have to pay for it.

For most of us we are talking about minor traffic infractions, if the officer is plesant I usually don't mind telling him where I'm going, if his tone is rude I don't mind telling him it is none of his business. But, I'm aware that when I do that it may take a bit longer to get back about my day.

 

[bogeybrown]

Lots of specifics are omitted, as well as what the relevant laws are in the originating jurisdiction. Either way, the driver bought his ticket and he got to see the show.

 

[pmclaine]

There has to be a reason for the stop.

The PO has the backing to request license and registration

The PO can ask about anything under the sun while the person searches for their documents....just passing time.

The PO can ask about particulars related to the reason for the stop.

The PO can ask about anything in plain view that may be a follow on offense.

All "fishing" ceases once the required documents are provided.

The stopped party doesn't have to speak but they have to provide the documents or incur further citeable offenses. They have to identify and it should match information reasonably accessible either in the cruiser or by the desk officer. If not more investigation is reasonable.

There better be some sort of reasonable circumstance to take someone from the car.

Answer - Depends. Articulate the reasons and show why it was reasonable.

 

[Maggot]

Disregard the unlikes....thats the wine at work...good reply..

 

[ArmyJerry]

why would a cop need to ask anything, your plate that his reader identified has already pulled up all your info including gun permit holder etc etc, if a cop aint going to give you a ticket he is just fishing for an arrest or another violation to feed the Judicial industrial complex. The BOR is written in plain language, when its interpreted bu a robe wearing sumbitch its because they are usually violating your rights and the cops are just getting an amen from the robe wearing amen corner.

 

[ArmyJerry]

I might sound a bit sceptical of our system above, if it hurs anyones feelings I apolo,,,,,,, nah no I dont,,,,, too frikken bad if it does because its true.

 

[pmclaine]

why would a cop need to ask anything, your plate that his reader identified has already pulled up all your info including gun permit holder etc etc, if a cop aint going to give you a ticket he is just fishing for an arrest or another violation to feed the Judicial industrial complex. The BOR is written in plain language, when its interpreted bu a robe wearing sumbitch its because they are usually violating your rights and the cops are just getting an amen from the robe wearing amen corner.

So than just go with what you see or what your radar does and call it done? No mitigating circumstances, no discretion, no breaks? Fine.

And what do you do when someone else is driving the car other than the registered owner? That happens once in a while.

 

[ArmyJerry]

Well its a revenue stream, lets not pretend its about safety first. My point is that its a fishijg expedition when you are getting questioned. As I get older and wiser I say less and less when cops pull me over, I tell them I have a gun on me and ask why they pulled me over or how fast i was going when they clocked me. and thats about it. Just watching this youtube of a cop running down a Harley rider in SC and killing him. not feeling too generous to LEO's tonight, they are their worst enemy, which is not good for the country.

 

[pmclaine]

Well its a revenue stream, lets not pretend its about safety first. My point is that its a fishijg expedition when you are getting questioned. As I get older and wiser I say less and less when cops pull me over, I tell them I have a gun on me and ask why they pulled me over or how fast i was going when they clocked me. and thats about it. Just watching this youtube of a cop running down a Harley rider in SC and killing him. not feeling too generous to LEO's tonight, they are their worst enemy, which is not good for the country.

You might be surprised to know some reality.....I'll drop you a pm.

 

[Deleted member 10043]

We're discussing some dude that refused to tell the cop he was trying to find and feed a stray cat. So, Lionel has the heart enough to risk getting round worm but not enough sense to know that is all he had to say. It was night in a hotel parking lot and some idiot is going, "here-kitty-kitty-kitty", sees a cruiser pull into the parking lot, gets in his car and drives off. The cop thought it looked suspicious because according to Lionel the cat disappeared. You know, Lionel is a fucking idiot. Who in their right mind covers for a cat and goes crying to the ACLU?

 

[Supersubes]

why would a cop need to ask anything, your plate that his reader identified has already pulled up all your info including gun permit holder etc etc, if a cop aint going to give you a ticket he is just fishing for an arrest or another violation to feed the Judicial industrial complex. The BOR is written in plain language, when its interpreted bu a robe wearing sumbitch its because they are usually violating your rights and the cops are just getting an amen from the robe wearing amen corner.

My car doesnt have a license plate reader. Even if I ran the plate, that doesnt show me if they have a CCW. Lots of differences between agancies with regard to infoemation systems. I work for a large agancy, and most of those inquiries are pretty individual, and completely manual. Mostly though Army, how do you think we find stuff? What I mean is, except for responding to a call, and hooking someone up, the bad guys dont just come out and surrender. The cops have to work for it. That involves asking questions, and investigating.

One thing i'll partially agree with you on is fine amounts for traffic violations. I have no control over them, but how theyre calculated, how much they are, and who gets the funds, is bullshit.