Any cops or people who know the law, is this legal?
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Any cops or people who know the law, is this legal?
purplekush
+1y
Originally posted by BAGGED BELAIR
Originally posted by FarBeyondDriven
in california it is illegal for a police officer to follow you for more than a mile (maybe its 5) with no intention of pulling you over, or if you've done nothing wrong,
Never heard that one. You know the CVC section for it?
Couple of things come to mind. It's common courtesy to let a driver know why they're getting pulled over, but that is dictated by department policy. You certainly have the right to ask questions. If you didn't ask, you'll probably never know.
In Ca. the only thing that comes back on a plate printout is the registered owner's info. If your the R/O, and the driver, the only thing they will have is your name & address. Driver license checks in Ca. need to have a date of birth with the name, or it gets very hard to pinpoint who it is, as there are several similar names. Running a drivers record is a completely different issue. License & plate records are not linked together. People say " I didn't know my license was suspended, I just went in and payed my tags, they didn't say anything?" TWO DIFFERENT ISSUES!! Tags & driver licenses are done separately. A Criminal history or rap sheet in Ca. needs to have a criminal case attached to it, no criminal investigation, no rap sheet, not legally anyway. Those requests are logged and checked on by Department of Justice. Need to know/ right to know applies.
As far as the search goes, you consented, nothing else to say. You can refuse, make him come up with his own probable cause. This all to applies to Ca., don't know how it would apply where you are, but the Constitution and the 4th Amendment cover everyone.
If you fell you were illegally pulled over without cause you could contact the department, it's up to you.
i was told by a highway patrolman who pulled me over for a taillight out in my moms cadillac lol i asked him if he was following me and he told me about it
Originally posted by FarBeyondDriven
in california it is illegal for a police officer to follow you for more than a mile (maybe its 5) with no intention of pulling you over, or if you've done nothing wrong,
Never heard that one. You know the CVC section for it?
Couple of things come to mind. It's common courtesy to let a driver know why they're getting pulled over, but that is dictated by department policy. You certainly have the right to ask questions. If you didn't ask, you'll probably never know.
In Ca. the only thing that comes back on a plate printout is the registered owner's info. If your the R/O, and the driver, the only thing they will have is your name & address. Driver license checks in Ca. need to have a date of birth with the name, or it gets very hard to pinpoint who it is, as there are several similar names. Running a drivers record is a completely different issue. License & plate records are not linked together. People say " I didn't know my license was suspended, I just went in and payed my tags, they didn't say anything?" TWO DIFFERENT ISSUES!! Tags & driver licenses are done separately. A Criminal history or rap sheet in Ca. needs to have a criminal case attached to it, no criminal investigation, no rap sheet, not legally anyway. Those requests are logged and checked on by Department of Justice. Need to know/ right to know applies.
As far as the search goes, you consented, nothing else to say. You can refuse, make him come up with his own probable cause. This all to applies to Ca., don't know how it would apply where you are, but the Constitution and the 4th Amendment cover everyone.
If you fell you were illegally pulled over without cause you could contact the department, it's up to you.
i was told by a highway patrolman who pulled me over for a taillight out in my moms cadillac lol i asked him if he was following me and he told me about it
BAGGED BELAIR
+1y
Edited: 1/12/2007 9:05:20 AM by BAGGED BELAIR
That sounds more like a department directive reather than a law. The CHP have a lot of wierd specific department rules as to what and when they can do things.
For example, they are only allowed to sit certain places on the freeway, it's not the law, cause you can sit anywhere you want, BUT the CHP don't want their people sitting there.
That sounds more like a department directive reather than a law. The CHP have a lot of wierd specific department rules as to what and when they can do things.
For example, they are only allowed to sit certain places on the freeway, it's not the law, cause you can sit anywhere you want, BUT the CHP don't want their people sitting there.
FXDGRND
+1y
Tires not load rated for the vehicle. I have gotten two of those in the toy. Both when it had the 16" McCleans on it. door says the truck weighs 4400. 215/40/16s didn't meet that. Cali has ALOT of laws about modified vehicles. If you want to roll up your windows and be a billy badass.. They can simply say you have an unsafe vehicle and tow it. The function Adjustable suspension in cali is illegal. So it can be deemed unsafe and be towed at the discretion of the officer. Cracking the window "so they can't see in" come on whats so important?
AiredOut
+1y
May 26, 2004 - Philadelphia, PA, USA
Philadelphia, PA: Marijuana's odor is seldom discernible enough to justify probable cause by law enforcement officers, according to empirical data published in the journal Law and Human Behavior.
"Although law enforcement officials routinely rely solely on the sense of smell to justify probable cause when entering vehicles and dwellings to search for illicit drugs, the accuracy of their perception in this regard has rarely been questioned and, to our knowledge, never tested," authors at the Smell and Taste Center at the University of Pennsylvania School of Medicine wrote. Researchers evaluated data from two empirical studies based upon actual legal cases in which police relied on the odor of marijuana as probable cause for a search. In the first, they simulated a situation in which, during a routine traffic stop, the odor of packaged marijuana located in the trunk of an automobile was said to be detected through the driver's window. In the second, researchers investigated a report that marijuana's odor was discernible from a considerable distance from the chimney effluence of diesel exhaust emanating from an illicit grow room.
Six of the nine participants in the first trial were unable to detect the odor of marijuana. In the second trial, none of the participants could reliably detect the marijuana odor embedded in the diesel fumes.
"Our findings suggest that the odor of marijuana was not reliably discernible by persons with an excellent sense of smell in either case," authors concluded. They further noted that odors emanating from immature female plants are much less intense on average than those of mature females, and that no marijuana-like odor could be discerned in most immature plants.
"The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern the presence of marijuana," authors wrote. "Although these instances reflect a very small set of studies with very specific constraints, they do suggest that a blanket acceptance of testimony based upon reported detection of odors for probable cause is questionable and that empirical data to support or refute such testimony in specific cases is sorely needed."
Philadelphia, PA: Marijuana's odor is seldom discernible enough to justify probable cause by law enforcement officers, according to empirical data published in the journal Law and Human Behavior.
"Although law enforcement officials routinely rely solely on the sense of smell to justify probable cause when entering vehicles and dwellings to search for illicit drugs, the accuracy of their perception in this regard has rarely been questioned and, to our knowledge, never tested," authors at the Smell and Taste Center at the University of Pennsylvania School of Medicine wrote. Researchers evaluated data from two empirical studies based upon actual legal cases in which police relied on the odor of marijuana as probable cause for a search. In the first, they simulated a situation in which, during a routine traffic stop, the odor of packaged marijuana located in the trunk of an automobile was said to be detected through the driver's window. In the second, researchers investigated a report that marijuana's odor was discernible from a considerable distance from the chimney effluence of diesel exhaust emanating from an illicit grow room.
Six of the nine participants in the first trial were unable to detect the odor of marijuana. In the second trial, none of the participants could reliably detect the marijuana odor embedded in the diesel fumes.
"Our findings suggest that the odor of marijuana was not reliably discernible by persons with an excellent sense of smell in either case," authors concluded. They further noted that odors emanating from immature female plants are much less intense on average than those of mature females, and that no marijuana-like odor could be discerned in most immature plants.
"The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern the presence of marijuana," authors wrote. "Although these instances reflect a very small set of studies with very specific constraints, they do suggest that a blanket acceptance of testimony based upon reported detection of odors for probable cause is questionable and that empirical data to support or refute such testimony in specific cases is sorely needed."
AiredOut
+1y
Just something to think about.
BAGGED BELAIR
+1y
On the Marijuana topic. If they are talking about unburned Marijuana, If they've got it packaged up really well I'd agree, but if you got the good stuff in a plastic baggy in your pocket and the windows have been up, I"M SMELLING IT. But it is much easier to smell the burned stuff. Stopped a kid 2 days ago, as soon as he put down the window it hit me. I said,"Who's been smoking in this car?" Response, " I have a couple roaches in the ashtray." I didn't dig any further than that, Why go to all the trouble to log the evidence and the paper that goes with it for a small amount. I usually give them the choice of a cite or stamp it out on the street. THEY usually stamp it out, cause a marijuana possession by a driver in their vehicle is an automatice license suspension by the DMV in Ca.
Same thing with DUI, if your drinking, I can smell it very easily, I just have a nose for it.
Same thing with DUI, if your drinking, I can smell it very easily, I just have a nose for it.
tuckinlugs06
+1y
well my girl got pulled over yesturday in my dailt and it has a suicide sticker on the back that says drag that shit and he said it was ilegal
Yoter
+1y
Well I am not sure about the following thing but you should never give a police officer permission to search your car. In alot of states they already have the right to but than anything they find that is not in plane site cannot be used in court. here is a good video on your rights its kind of long but the first part on it is what deals with traffic stops.
http://www.youtube.com/watch?v=3NmC5wHfCdM
http://www.youtube.com/watch?v=3NmC5wHfCdM
BAGGED BELAIR
+1y
I love to read all the comments. I'm pretty relaxed when I'm working, but I've heard all this before.
sjudd86
+1y
Originally posted by DroptSdime
Illegal tint doesn't give them permission to search your car....
Actually in North Carolina it does... In north carolina if your tint is below 35% its a misdemeanor which makes illegal tint and arrestable offense. Most cops will not arrest for tint. But if you are arrested for tint the search incident to arrest becomes in affect and the police officer has every right to search every part of that vehicle. This law is mainly used for people carrying dope, most drug dealers have illegal tint and this is an easy way to search the vehicle... and dont argue with me on this, I'll prove you wrong, Im one of those bastards that pull you over in north carolina. haha, but nothing to worry about with me, if i pull u over and your not bagged, your driving away with a fix-it-ticket.. haha. bag it!
Illegal tint doesn't give them permission to search your car....
Actually in North Carolina it does... In north carolina if your tint is below 35% its a misdemeanor which makes illegal tint and arrestable offense. Most cops will not arrest for tint. But if you are arrested for tint the search incident to arrest becomes in affect and the police officer has every right to search every part of that vehicle. This law is mainly used for people carrying dope, most drug dealers have illegal tint and this is an easy way to search the vehicle... and dont argue with me on this, I'll prove you wrong, Im one of those bastards that pull you over in north carolina. haha, but nothing to worry about with me, if i pull u over and your not bagged, your driving away with a fix-it-ticket.. haha. bag it!