Traffic Stops Involve More Than a Cite

 

Sometimes I would not write a cite, and sometimes I would. Traffic stops lead to a subject that has a warrant, or like the story above someone who is a felon in possession of a firearm.

It should come as no surprise that someone who is breaking the small laws might be breaking the big laws. I’ve stopped individuals that had outstanding warrants. The warrant is a court order and when you give the dispatcher a person’s name and date of birth the dispatcher will inform you if they have a warrant. The very next question is are they in custody?

Sometimes the reply is give me a moment. Once they are handcuffed and in the backseat I’d call the dispatcher and confirm they were in custody. Dispatch will notify the court that the warrant has been served.

The subject in the Tweet was felony suspended. That indicates that he has committed crimes involving the use of a motor vehicle. He is not only facing multiple charges involving state laws, he has also committed multiple federal crimes involving a firearm.

Published in Policing
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  1. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    Skyler (View Comment):

    kedavis (View Comment):

    Skyler (View Comment):

    DonG (CAGW is a hoax) (View Comment):

    Skyler (View Comment):
    I’m sorry, I’m not going to get all happy about using a silly traffic stop to bother people in the hopes of finding, maybe, someone avoiding a warrant.

    Silly is bad. Legit is good.

    And we never will know the difference.

    I guess I’m curious as to what would make the one described “legit” in your eyes. Would the prostitute have to be charged, tried, and convicted in court before the car can be pulled over? Or maybe the conviction has to be appealed and upheld before the car can be pulled over?

    I’m not going to play that game. If there is a real crime, then so be it. However, there is little incentive to require the police to have a good reason to pull a car over. That’s what the law says, but we know that some police see someone they wish to pull over and blatantly lie to pull their car over.

    The lie is the problem. 

    • #31
  2. Steven Seward Member
    Steven Seward
    @StevenSeward

    Skyler (View Comment):

    kedavis (View Comment):
    On the plus side, if dash cams etc mean they can’t get away with it, that seems to lead to less abuse.

    Dash cams do not stop police from behaving badly. There is no consequence unless their employer wants there to be a consequence. You can’t successfully sue a cop for violating your rights or assaulting you or shooting you dead when they get the wrong address on a warrant. Why should they be careful, beyond simple human decency? They have qualified immunity, they get unfunded money from seizing it from people they meet, whether they think a crime is committed or not.

    Cops are in a bad situation. They can take all your possessions without you committing a crime or even due process, they are immune to prosecution or even civil liability for any crime they might commit. There is no incentive for them to follow the law or not violate people’s rights. Until that is fixed, it is inappropriate to trust them.

    You speak very broadly as if “all” police have no liability.  In the case of Derek Chauvin he got no immunity at all, nada, zilch, and little help from his employer.  He didn’t even get the presumption of innocence.  In fact he was convicted of  added-on charges that were ridiculously inappropriate.  I don’t think it’s always one-way.

    • #32
  3. Skyler Coolidge
    Skyler
    @Skyler

    Steven Seward (View Comment):
    You speak very broadly as if “all” police have no liability.  In the case of Derek Chauvin he got no immunity at all, nada, zilch, and little help from his employer.  He didn’t even get the presumption of innocence.  In fact he was convicted of  added-on charges that were ridiculously inappropriate.  I don’t think it’s always one-way.

    It almost always is.  Chauvin is the exception.  

    • #33
  4. Flicker Coolidge
    Flicker
    @Flicker

    Skyler (View Comment):

    kedavis (View Comment):

    Skyler (View Comment):

    DonG (CAGW is a hoax) (View Comment):

    Skyler (View Comment):
    I’m sorry, I’m not going to get all happy about using a silly traffic stop to bother people in the hopes of finding, maybe, someone avoiding a warrant.

    Silly is bad. Legit is good.

    And we never will know the difference.

    I guess I’m curious as to what would make the one described “legit” in your eyes. Would the prostitute have to be charged, tried, and convicted in court before the car can be pulled over? Or maybe the conviction has to be appealed and upheld before the car can be pulled over?

    I’m not going to play that game. If there is a real crime, then so be it. However, there is little incentive to require the police to have a good reason to pull a car over. That’s what the law says, but we know that some police see someone they wish to pull over and blatantly lie to pull their car over.

    I once was sitting talking with a friend who was a cop and he said that they could always pull over anyone that they wanted.  I objected that that was unconstitutional.  And he laughed.  And I said, No, really.  And he just laughed harder and shook his head.

    • #34
  5. Flicker Coolidge
    Flicker
    @Flicker

    Skyler (View Comment):

    kedavis (View Comment):
    But it’s evidence that whatever excuse they made up, isn’t true, and so they might get fired for false reporting, although at this point that could mean they just go to work in the next town.

    And what if they’re lying? The courts have given police “qualified immunity” which makes it very hard to hold them responsible.

    The problem is that there are many principled police officers and a lot of unprincipled ones. When you get pulled over you can’t tell the difference, and since they tend to have absolute power in any situation, it’s inevitable that they will, at least from time to time, abuse their power.

    Until we can hold them personally liable for committing their own crimes, it’s best not to trust them.

    And there was once a little national brouhaha when a judge complained that police were always believed over motorists, indicating that in practice their testimony was essentially unimpeachable, and that this circumstance needed to be rectified.  The popular counter argument was, of course they’re believed; the police have no reason to lie, and the people who are pulled over have every reason to lie, so of course the court gives credibility to the officer.

    • #35
  6. kedavis Coolidge
    kedavis
    @kedavis

    Flicker (View Comment):

    Skyler (View Comment):

    kedavis (View Comment):
    But it’s evidence that whatever excuse they made up, isn’t true, and so they might get fired for false reporting, although at this point that could mean they just go to work in the next town.

    And what if they’re lying? The courts have given police “qualified immunity” which makes it very hard to hold them responsible.

    The problem is that there are many principled police officers and a lot of unprincipled ones. When you get pulled over you can’t tell the difference, and since they tend to have absolute power in any situation, it’s inevitable that they will, at least from time to time, abuse their power.

    Until we can hold them personally liable for committing their own crimes, it’s best not to trust them.

    And there was once a little national brouhaha when a judge complained that police were always believed over motorists, indicating that in practice their testimony was essentially unimpeachable, and that this circumstance needed to be rectified. The popular counter argument was, of course they’re believed; the police have no reason to lie, and the people who are pulled over have every reason to lie, so of course the court gives credibility to the officer.

    That’s another benefit of dashcam videos etc.

    But another old line was “I swore to tell the truth, doesn’t that mean you have to believe me?”

    • #36
  7. Flicker Coolidge
    Flicker
    @Flicker

    I once had my rights “read” to me by a state trooper who went and thought I as engaging in some big crime because my tags were 9 days expired and the police registration computer had a glitch that hour.  Now I know what my rights are supposed to be, I guess, but I don’t know how to employ them.  For example, in the last few years I’ve come under the impression that in order to not answer questions you have to actually verbally say that you are invoking such and such a right not to speak and are going to avail yourself of that right — which seems like a fundamental controversion of that right.

    Anyway, every time the trooper asked me if I understood my rights, I answered honestly Yes, and then added reluctantly, “I guess”.  Finally he balled his fists and said that I had better not answer with the words “I guess” again, but I still wasn’t sure what my rights really were, functionally.

    I later mentioned this to a friend who was a police detective and he said that if I had continued to answer with “Yes, I guess” they would have taken me to the station, put me in a room and had a police officer explain my right to me as long as it took for me to understand my rights and to answer Yes.

    Strange legal system.  Speech cannot be compelled, but I am subject to forced speech or alternatively arrest if I don’t speak.

    • #37
  8. kedavis Coolidge
    kedavis
    @kedavis

    Flicker (View Comment):

    I once had my rights “read” to me by a state trooper who went and thought I as engaging in some big crime because my tags were 9 days expired and the police registration computer had a glitch that hour. Now I know what my rights are supposed to be, I guess, but I don’t know how to employ them. For example, in the last few years I’ve come under the impression that in order to not answer questions you have to actually verbally say that you are invoking such and such a right not to speak and are going to avail yourself of that right — which seems like a fundamental controversion of that right.

    Anyway, every time the trooper asked me if I understood my rights, I answered honestly Yes, and then added reluctantly, “I guess”. Finally he balled his fists and said that I had better not answer with the words “I guess” again, but I still wasn’t sure what my rights really were, functionally.

    I later mentioned this to a friend who was a police detective and he said that if I had continued to answer with “Yes, I guess” they would have taken me to the station, put me in a room and had a police officer explain my right to me as long as it took for me to understand my rights and to answer Yes.

    Strange legal system. Speech cannot be compelled, but I am subject to forced speech or alternatively arrest if I don’t speak.

    Well, strictly speaking, that’s not the police’s fault, it’s because of Miranda, and the courts.

    I tend to think that courts/judges are more of a problem really, than the police.  It’s the courts that choose to rule in favor of police and other authorities even in the presence of evidence to the contrary.  Any shenanigans of police would be useless if the courts didn’t go along.  And judges frequently ignore or violate the law in deciding what they may have wanted to decide even before any evidence is presented. 

    Having been both a tenant and a property manager, I’ve seen it from both sides with “justice of the peace” courts where the judges may not have – and are often not required to have – any legal training or experience at all.  Let alone that, like with police, there are no direct/personal consequences for them being even intentionally wrong, and appealing a bad decision likely costs more than just paying the fine.  Even if you “win” the appeal you don’t get reimbursed for what it cost you, the “win” will come too late to matter, and they’ll just do the same thing the next time to the next person anyway.

    All protests aside, there’s really no good fix for that, since people aren’t angels.  Once again, no great hand comes down from the sky to force them to do things right.

    • #38
  9. Skyler Coolidge
    Skyler
    @Skyler

    Flicker (View Comment):

    I once had my rights “read” to me by a state trooper who went and thought I as engaging in some big crime because my tags were 9 days expired and the police registration computer had a glitch that hour. Now I know what my rights are supposed to be, I guess, but I don’t know how to employ them. For example, in the last few years I’ve come under the impression that in order to not answer questions you have to actually verbally say that you are invoking such and such a right not to speak and are going to avail yourself of that right — which seems like a fundamental controversion of that right.

    Anyway, every time the trooper asked me if I understood my rights, I answered honestly Yes, and then added reluctantly, “I guess”. Finally he balled his fists and said that I had better not answer with the words “I guess” again, but I still wasn’t sure what my rights really were, functionally.

    I later mentioned this to a friend who was a police detective and he said that if I had continued to answer with “Yes, I guess” they would have taken me to the station, put me in a room and had a police officer explain my right to me as long as it took for me to understand my rights and to answer Yes.

    Strange legal system. Speech cannot be compelled, but I am subject to forced speech or alternatively arrest if I don’t speak.

    You don’t need to say you understand your rights. If they take you to jail get your lawyer to explain them to you.  Sometimes, though, it’s easy enough to answer yes  to simple questions. I recommend saying, “Yes, I understand my rights and I’m going to remain silent.”

    • #39
  10. Flicker Coolidge
    Flicker
    @Flicker

    Skyler (View Comment):

    Flicker (View Comment):

    I once had my rights “read” to me by a state trooper who went and thought I as engaging in some big crime because my tags were 9 days expired and the police registration computer had a glitch that hour. Now I know what my rights are supposed to be, I guess, but I don’t know how to employ them. For example, in the last few years I’ve come under the impression that in order to not answer questions you have to actually verbally say that you are invoking such and such a right not to speak and are going to avail yourself of that right — which seems like a fundamental controversion of that right.

    Anyway, every time the trooper asked me if I understood my rights, I answered honestly Yes, and then added reluctantly, “I guess”. Finally he balled his fists and said that I had better not answer with the words “I guess” again, but I still wasn’t sure what my rights really were, functionally.

    I later mentioned this to a friend who was a police detective and he said that if I had continued to answer with “Yes, I guess” they would have taken me to the station, put me in a room and had a police officer explain my right to me as long as it took for me to understand my rights and to answer Yes.

    Strange legal system. Speech cannot be compelled, but I am subject to forced speech or alternatively arrest if I don’t speak.

    You don’t need to say you understand your rights. If they take you to jail get your lawyer to explain them to you. Sometimes, though, it’s easy enough to answer yes to simple questions. I recommend saying, “Yes, I understand my rights and I’m going to remain silent.”

    Yes, well, I was on my way to two very important interviews.  And I can cite my “rights” from memory.  But that doesn’t mean that I understand them when the rubber meets the road.  So, Yes… I guess.

    • #40
  11. kedavis Coolidge
    kedavis
    @kedavis

    Flicker (View Comment):

    Skyler (View Comment):

    Flicker (View Comment):

    I once had my rights “read” to me by a state trooper who went and thought I as engaging in some big crime because my tags were 9 days expired and the police registration computer had a glitch that hour. Now I know what my rights are supposed to be, I guess, but I don’t know how to employ them. For example, in the last few years I’ve come under the impression that in order to not answer questions you have to actually verbally say that you are invoking such and such a right not to speak and are going to avail yourself of that right — which seems like a fundamental controversion of that right.

    Anyway, every time the trooper asked me if I understood my rights, I answered honestly Yes, and then added reluctantly, “I guess”. Finally he balled his fists and said that I had better not answer with the words “I guess” again, but I still wasn’t sure what my rights really were, functionally.

    I later mentioned this to a friend who was a police detective and he said that if I had continued to answer with “Yes, I guess” they would have taken me to the station, put me in a room and had a police officer explain my right to me as long as it took for me to understand my rights and to answer Yes.

    Strange legal system. Speech cannot be compelled, but I am subject to forced speech or alternatively arrest if I don’t speak.

    You don’t need to say you understand your rights. If they take you to jail get your lawyer to explain them to you. Sometimes, though, it’s easy enough to answer yes to simple questions. I recommend saying, “Yes, I understand my rights and I’m going to remain silent.”

    Yes, well, I was on my way to two very important interviews. And I can cite my “rights” from memory. But that doesn’t mean that I understand them when the rubber meets the road. So, Yes… I guess.

    So say “Yes, I understand my rights” and “but I don’t expect you to actually respect them” is in your head. :-)

    • #41
  12. CACrabtree Coolidge
    CACrabtree
    @CACrabtree

    Flicker (View Comment):

    Skyler (View Comment):

    kedavis (View Comment):
    But it’s evidence that whatever excuse they made up, isn’t true, and so they might get fired for false reporting, although at this point that could mean they just go to work in the next town.

    And what if they’re lying? The courts have given police “qualified immunity” which makes it very hard to hold them responsible.

    The problem is that there are many principled police officers and a lot of unprincipled ones. When you get pulled over you can’t tell the difference, and since they tend to have absolute power in any situation, it’s inevitable that they will, at least from time to time, abuse their power.

    Until we can hold them personally liable for committing their own crimes, it’s best not to trust them.

    And there was once a little national brouhaha when a judge complained that police were always believed over motorists, indicating that in practice their testimony was essentially unimpeachable, and that this circumstance needed to be rectified. The popular counter argument was, of course they’re believed; the police have no reason to lie, and the people who are pulled over have every reason to lie, so of course the court gives credibility to the officer.

    And then, along comes a cop like this one and the word goes out that there’s no reason to give them any credibility.

    https://abcnews.go.com/US/wireStory/florida-deputy-12-years-planting-drugs-78863551

     

    • #42
  13. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Flicker (View Comment):

    Skyler (View Comment):

    You don’t need to say you understand your rights. If they take you to jail get your lawyer to explain them to you. Sometimes, though, it’s easy enough to answer yes to simple questions. I recommend saying, “Yes, I understand my rights and I’m going to remain silent.”

    Yes, well, I was on my way to two very important interviews. And I can cite my “rights” from memory. But that doesn’t mean that I understand them when the rubber meets the road. So, Yes… I guess.

    So say “Yes, I understand my rights” and “but I don’t expect you to actually respect them” is in your head. :-)

    All I had to say was Yes, and I was on my way again.

    And just for the record, let me clarify.  This all happened because I just throw my registrations in the glove box, and not organize them in an envelope.  And for some reason he was belligerent from the beginning.  The trooper must have just been having a very bad day when he stopped me.

    He saw a registration card in my hand and said Give me that, even though I said I wasn’t sure it was the right year.

    When he return to the car he kept, again angrily, repeating that the “This car is not registered,” but I never understood what he was saying.  Maybe “registered” meant something else in police lingo.

    He wrote me out $360 in tickets (in 1980s dollars) and had my car towed.  (I’m leaving out all the bad stuff he said, and the accusations he made.)  He recited me my rights and when I said “Yes, I guess,” the third time, he bared his teeth and balled his hands into fists, and he told me exactly what not to say, and instructed me what to say.  That’s why I said “Yes.”

    Six months later in court, I had a lawyer and my original current registration card.  The trooper never made eye contact with me but explained to the judge that there had been a mistake.  The judge fined me $5 for driving with expired tags.

    It was all bullying and BS, but I was on the receiving end.  As you can tell from my recitation here, his gross humiliation in court was not satisfying.

    Perhaps this experience of mine is why I find the execution of Daniel Shavers’ shooting especially concerning.

    • #43
  14. Steven Seward Member
    Steven Seward
    @StevenSeward

    Flicker (View Comment):

    Perhaps this experience of mine is why I find the execution of Daniel Shavers’ shooting especially concerning.

    The Shavers shooting is the most egregious police killing that I have ever seen on tape.  It makes the treatment of George Floyd look like he was royalty.  But Shavers was a white guy and nobody thought it was worth rioting and looting over.  In fact hardly anybody is even aware that this atrocity took  place.  If I remember right, the officer either got off scott-free or was never charged.  Skyler would be absolutely right in that case.  I compare that case with Officer Chauvin and just marvel at the totally unequal treatment under the law.

    • #44
  15. Skyler Coolidge
    Skyler
    @Skyler

    Flicker (View Comment):
    It was all bullying and BS, but I was on the receiving end. 

    And you had to pay a lawyer, most likely, because of his malfeasance.

    • #45
  16. Flicker Coolidge
    Flicker
    @Flicker

    Steven Seward (View Comment):

    Flicker (View Comment):

    Perhaps this experience of mine is why I find the execution of Daniel Shavers’ shooting especially concerning.

    The Shavers shooting is the most egregious police killing that I have ever seen on tape. It makes the treatment of George Floyd look like he was royalty. But Shavers was a white guy and nobody thought it was worth rioting and looting over. In fact hardly anybody is even aware that this atrocity took place. If I remember right, the officer either got off scott-free or was never charged. Skyler would be absolutely right in that case. I compare that case with Officer Chauvin and just marvel at the totally unequal treatment under the law.

    I believe he was acquitted of 2nd degree murder.  And he was later fired because violent behavior was not foreign to him.  He was later reinstated for 30 days, and allowed to retire, I believe with a pension.

    • #46
  17. Flicker Coolidge
    Flicker
    @Flicker

    Skyler (View Comment):

    Flicker (View Comment):
    It was all bullying and BS, but I was on the receiving end.

    And you had to pay a lawyer, most likely, because of his malfeasance.

    Actually, this was my second lawyer.  My first lawyer I didn’t pay because after five months he still couldn’t tell me what the ticketed charges meant.  The second lawyer was a friend pro bono at the last minute.  But the six months were very unnerving, not knowing even what I was charged with.  It turned out that apparently the trooper thought I had bought or stolen each of the front tag, the rear tag, and the registration sticker.  He thought he had a real criminal, I guess, and told me that he knew I was guilty and he’d never been wrong before.  Perhaps that’s why he was so embarrassed and hang-dog in court.  Why it took 6 months to come to this determination I don’t know, either.

    • #47
  18. TBA Coolidge
    TBA
    @RobtGilsdorf

    I think the majority of cops don’t misuse traffic stops. We need better mechanisms to remove ones that do misuse them. And by remove I mean destroy to the degree that they will no longer be considered for jobs of public trust.

    I’m not against cops pulling people over with minimal probably probable cause btw. It’s what happens after that bothers me.

    • #48
  19. Flicker Coolidge
    Flicker
    @Flicker

    TBA (View Comment):

    I think the majority of cops don’t misuse traffic stops. We need better mechanisms to remove ones that do misuse them. And by remove I mean destroy to the degree that they will no longer be considered for jobs of public trust.

    I’m not against cops pulling people over with minimal probably cause btw. It’s what happens after that bothers me.

    Yes.  We clearly can’t function without police.  I have great respect for police as a whole, but I feel they are being misused.  And now mistreated.  But power requires a high level of self-discipline.

    • #49
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