Restricted All American 15537 Posts user info edit post |
Quote : | " Don't necessarily mean serious crimes, just the stupid shit people do/say/think with any kind of regularity?" |
I get the, I know my rights spiel a ton. I'll even recite the statute that allows me to do what I'm doing but people just continue on and don't let me ration with them. It can become a daily headache.
One of my biggest pet peeves is when people talk to me like I'm beneath them. Even someone of the business end of an ass-whooping still gets shown respect, but a good majority of people talk to me like, or will actually make it a point to tell me that I make $25k a year and/or only have a HS diploma - neither of which are remotely true.8/30/2012 9:05:19 AM |
settledown Suspended 11583 Posts user info edit post |
it's a cop's job to lie
why the fuck would anyone listen to your reason 8/30/2012 9:11:40 AM |
mrfrog ☯ 15145 Posts user info edit post |
Quote : | "I get the, I know my rights spiel a ton. " |
Come again?
Quote : | "I'll even recite the statute that allows me to do what I'm doing but people just continue on and don't let me ration with them. It can become a daily headache." |
If you don't need someone's consent to do what you're about to do, you're going to do it either way. If you're going to search someone's car because you have PC, you don't need them to do anything. Sure, it would be nice to tell them what's going on, but I don't think you have to do that. So what is this headache you're talking about? You search their car on PC, but they complain? Or do they try to physically stop you because they know their rights? In the latter case, you'd have them in handcuffs in a second.8/30/2012 9:12:04 AM |
Restricted All American 15537 Posts user info edit post |
The most common example is serving an arrest warrant(s) - I tend to serve a lot of them in a not so nice area.
We knock, mom answers and we ask, "Is John Doe Home? We have a warrant for his arrest.' "Yes, he is asleep. Let me go wake him up." and he/she tries to close the door. "That's ok, we will come in with you." "No you your not. You can't come in, unless invited. I know my rights."
It then becomes 5 minutes of arguing with mom, instead of just arresting John. Could we shove mom out of the away and arrest her? Sure, but there is a difference between arresting someone you should (because they are allowing someone to escape) vs. arresting someone because you can (she is just being a PITA).
This also happens on domestics - lady calls screaming on the phone saying. "Send the police!" We get there and she is now, "I'm fine, don't need you anymore, I'm not letting you in." 8/30/2012 12:13:55 PM |
Jeepin4x4 #Pack9 35774 Posts user info edit post |
you should just respond to "I know my rights" with "yes, but do you know my rights" 8/30/2012 12:17:38 PM |
mrfrog ☯ 15145 Posts user info edit post |
^^ right, so that interaction is predicated on the fact that she admitted that the person on the arrest warrant was there. Her legal options are basically exhausted at that point and she would be liable for getting the way of the arrest.
Serving arrest warrants has to have all kinds of complications. You could have the address on the warrant but not the person on it, and that person could be co-operative, totally uncooperative, or something in-between the two. 8/30/2012 12:48:31 PM |
Restricted All American 15537 Posts user info edit post |
Even in the probable cause search scenario you were talking about, I know my rights still happens, and the person might actual feel their rights are being violated, but it has become such a blanket statement and/or threat that it can become nauseating. 8/30/2012 1:04:18 PM |
quagmire02 All American 44225 Posts user info edit post |
i assume that officers can see a person's entire record when running a check during a traffic stop? and by that, i mean those things that are supposed to be "off" the record (ie. 3+ years earlier)
or am i wrong in this? i ask because i was pulled over sometime ago and the officer, while nice and polite, said something along the lines of "i probably wouldn't have given you a ticket, but you do have a couple of things on your record"
it was actually dismissed and i didn't even have to pay court costs (the officer said that if i got it taken care of, he'd speak to the DA and recommend that it be dismissed and true to his word, he did and it was), but i was thinking it was somewhat unfair to hold things so long ago against me (where my most recent thing - also dismissed, though i had to pay court costs - was almost 5 years earlier) 8/30/2012 1:11:18 PM |
Restricted All American 15537 Posts user info edit post |
Depends.
With a computer, you can check local files, any shared agency files, DMV records and other databases an officer might have access to such as EPIC.
Your entire court records, (charges, convictions, dismissals, etc) can be run w/ a valid reason such as an ongoing investigation, or prosecution. 8/30/2012 1:18:14 PM |
quagmire02 All American 44225 Posts user info edit post |
ah, so it doesn't automatically come up with a big flashing screen that says "hey, this guy has had TICKETS before! TICKETS!"?
like i said, the cop was nice...and it just something stupid (i wasn't reckless or speeding or anything) and it worked out okay, i just didn't like the idea that i can never escape the great dismissed ticket incident of 2007 and must live the rest of my days haunted by it 8/30/2012 1:21:57 PM |
bassjunkie All American 3093 Posts user info edit post |
Quote : | "Your entire court records, (charges, convictions, dismissals, etc) can be run w/ a valid reason such as an ongoing investigation, or prosecution." |
I had an officer show up at my house about 5-6 years ago for a noise complaint. He suggested wanting to come inside and began putting his foot on the threshold of the door as if he was about to come in without warning (with no reasonable suspicion or probable cause)
At that point I stepped out onto the front porch to discuss their concerns and closed the door behind me. I assured them the music would be turned down and no further complaints would result. This was around 7:30 pm and the noise was from a band practicing downstairs, not a large, drunk gathering of people. He was persistent and claimed "people don't usually have a problem with me coming inside," to which i replied he has no reason to come in and to please respect my privacy.
10 minutes later he returns from the squad car with a noise violation warning and snidely remarks "After looking at your record, I can see why you did not want us to come in" and went onto say if he had to come back, I would be arrested. He was referring to a misdemeanor from 4 years prior that I got as a young, stupid freshman. Is not complying with an unwarranted search of my house considered a "valid reason", or is that just readily available info under the local files you referred to?8/30/2012 2:43:47 PM |
NeuseRvrRat hello Mr. NSA! 35376 Posts user info edit post |
cops taking advantage of folks who don't know their rights is also nauseating 8/30/2012 2:48:51 PM |
mrfrog ☯ 15145 Posts user info edit post |
^^ If you had a misdemeanor conviction in Wake county I could probably look it up in about half a minute. 8/30/2012 2:51:34 PM |
Restricted All American 15537 Posts user info edit post |
Quote : | "Is not complying with an unwarranted search of my house considered a "valid reason", or is that just readily available info under the local files you referred to?" |
Most likely just local information. The lengthy computerized criminal history (CCH) is from the Administrative Office of the Court (AOC). You have to submit a request and a reason and a record of your request is kept. Its mainly used to check if you are a felon in possession of a firearm, or submitted with grand jury testimony.8/30/2012 2:52:52 PM |
Toms House All American 4464 Posts user info edit post |
Do you have access to CJLEADS yet? 8/30/2012 3:10:27 PM |
Restricted All American 15537 Posts user info edit post |
Too lazy to sit thru the class. 8/30/2012 3:15:19 PM |
Beethoven All American 4080 Posts user info edit post |
Have you ever gotten to use COFEE? 8/30/2012 3:19:27 PM |
Restricted All American 15537 Posts user info edit post |
No 8/30/2012 3:30:25 PM |
SkiSalomon All American 4264 Posts user info edit post |
CJLEADS is awesome and scary at the same time 8/30/2012 5:20:05 PM |
AuH20 All American 1604 Posts user info edit post |
Does having never even been pulled over once in my ~7 years of driving have any influence on getting a ticket for an average traffic violation? I fully intend on pulling out that card when I inevitably get pulled over for the first time.
Though I'm still wary of them taking one look at my radar detector and writing a ticket.
[Edited on August 30, 2012 at 8:03 PM. Reason : -] 8/30/2012 8:02:39 PM |
calmac Veteran 286 Posts user info edit post |
What are positives and negatives for working for a sheriff's department vs working for a municipality? Which would you recommend? I'm in Moore County which is pretty rural if that makes any difference. 9/4/2012 10:20:30 PM |
ncsuallday Sink the Flagship 9818 Posts user info edit post |
when you run plates, do you see just a conviction history or pending charges as well?
how much do you take into account prior convictions? i.e. if you see a weed charge from 5 years ago are do you regularly search any such convicted person for weed in an a) normal stop b) non-nomral - such as a suspected DWI pull? in such an example, do you need to have "reasonable suspicion" by "smelling it" or is that cause already established by prior charges?
how long do these charges show up on police "pulls" of such information? indefinitely?
how does the radar system work? do you see all cars around you and their relative speeds or do you have to target specific vehicles? 9/5/2012 3:58:04 AM |
Jeepin4x4 #Pack9 35774 Posts user info edit post |
^i think those first 3 were just answered on the last page. 9/5/2012 8:14:34 AM |
sumfoo1 soup du hier 41043 Posts user info edit post |
i just read the last page and all the dwi shit (using extrapolation to fuck someone who blew a .07) pisses me off.
i mean i was always cool with a .08 because usually that's .02 lower than it really was when they were pulled but seriously .08 isn't anything to a lot of people.
I have a dwi and will never ever ever do it again so it doesn't really matter to me. I just think that .08 was settled on because given the timeline it was reasonable. Now you're able to make the timeline instantaneous essentially lowering the limit to .06 the way it was done.
Matter of fact i will never give the police a reasonable excuse to accuse me of anything ever again. Restricted seems like a cool dude and i know i fucked up that night but the two people that arrested me, one was an older fellow that was reasonable and professional the other asshat was some 20 something punk (yes i'm still in my 20s) that decided making my wrists bleed and thought hitting my head on the door sil of the cruiser would make him feel like a real man.... Seriously though it was like he was trying to bait me into assaulting an officer.
[Edited on September 5, 2012 at 8:27 AM. Reason : .] 9/5/2012 8:24:52 AM |
jbrick83 All American 23447 Posts user info edit post |
Quote : | "i just read the last page and all the dwi shit (using extrapolation to fuck someone who blew a .07) pisses me off. " |
That shit doesn't normally fly with a jury. You'll only go to trial for this if it was combined with a wreck that caused a lot of damage and/or hurt somebody pretty bad. A DA/cop won't waste time trying to convict someone who got a .07.9/5/2012 8:45:31 AM |
mrfrog ☯ 15145 Posts user info edit post |
The officer can argue that you were impaired even if you blow below the legal limit.
Supposedly, the tell-tale sign that they're going for this is the question "on a scale of 1-10 how impaired do you believe you are". It's not absolute, but the idea is that they can get you for answering a "1", making it a trick question (or entrapment by definition, although I'm guessing Restricted would take issue with that).
The law is written so that you can get a DUI if the officer just believes you were impaired. Riding a bicycle. Obviously, it's only a doable conviction if the judge has the same perspective as the officer.
[Edited on September 5, 2012 at 9:24 AM. Reason : ] 9/5/2012 9:24:17 AM |
jbrick83 All American 23447 Posts user info edit post |
Quote : | " Obviously, it's only a doable conviction if the judge jury has the same perspective as the officer." |
ftfy9/5/2012 9:44:37 AM |
mrfrog ☯ 15145 Posts user info edit post |
are all DUIs jury trials? 9/5/2012 10:39:29 AM |
Beethoven All American 4080 Posts user info edit post |
To simplify things, yes, you can choose to have a jury trial for any DUI. You can also choose to waive the jury trial and just have a bench trial. All jury trials for DUI's must first go through a bench trial, and then if you lose the bench trial, you can choose to appeal it to a jury trial. 9/5/2012 10:45:02 AM |
Restricted All American 15537 Posts user info edit post |
Quote : | " A DA/cop won't waste time trying to convict someone who got a .07." |
I've gotten a conviction on an .07; the camera helped out significantly with that. Here in NC, you its a PITA to have a DWI dismissed and most DA's don't like going through the process so its easier to just have the trial.
Quote : | "how does the radar system work? do you see all cars around you and their relative speeds or do you have to target specific vehicles?" |
RADAR can't (well it can, but not in this State) pick out a car speeding in a group. Its only used to corroborate your opinion that a vehicle was speeding. If you have a group of cars speeding and one is faster than the other, you will hear the audible tone bouncing around from car to car. To have a good lock, you need to visual estimate, and a steady tone.
Quote : | "although I'm guessing Restricted would take issue with that" |
I would, the DWIR form with that question is usually read after the breath evidence has been collected and Miranda rights have been waived.9/23/2012 5:40:15 PM |
BigHitSunday Dick Danger 51059 Posts user info edit post |
how do the police spot fake IDs so quickly and easily? 9/23/2012 5:42:06 PM |
Restricted All American 15537 Posts user info edit post |
Some are harder to spot than others. The easiest way to check, other than looking at the security features, is to run them through the DMV. 9/23/2012 6:04:19 PM |
ndmetcal All American 9012 Posts user info edit post |
Had a friend on his way to my place in Cary. When he gets here, he proceeds to tell me how his registration was expired and on his way over, he noticed a cop behind him. Not wanting to get pulled over & have to go to court to show a renewed registration, he simply turned onto a side street to let the cop go by
However, the cop turned too. He was in a nice neighborhood now, so he made a few more turns & parked in a cul de sac, resigned to having to get a ticket & go to court. He turned the car off & started texting me saying he's running late. Meanwhile, the cop had stopped short of pulling into the cul de sac & was just sitting there with his car pointed toward my friend's & after 2 minutes, he pulled around the cul de sac & left
Is this a normal move where if you pull over & park that a cop will suddenly not care about bothering you for something like expired registration? Or was it just a case of a cop saying fuck it? 9/26/2012 1:19:20 AM |
Restricted All American 15537 Posts user info edit post |
While I do try to offer explinations to law enforcement related questions, I'm not clairvoyant. 9/26/2012 6:00:37 AM |
dtownral Suspended 26632 Posts user info edit post |
Is it illegal to intentionally slam on your brakes for a tailgater? What would you cite them for, impeding traffic? 9/26/2012 7:20:22 AM |
calmac Veteran 286 Posts user info edit post |
^^^ he might have gotten a more important call 9/26/2012 9:40:23 AM |
quagmire02 All American 44225 Posts user info edit post |
what are those (usually white) cars with yellow (state government?) plates that have the same metal mesh between the back and front seat areas as police cars? i see them pretty frequently, but i never see any lights or equipment on the cars, and they're always driven by plain-clothes folks 9/26/2012 9:43:48 AM |
dtownral Suspended 26632 Posts user info edit post |
department of corrections 9/26/2012 9:59:09 AM |
richthofen All American 15758 Posts user info edit post |
Moving soon, and I know the rules are probably different in every state for this, but at least from your NC perspective:
-If a person moves from another state to NC, how long do they have before they are "required" to put NC tags on their vehicle? If they fail to do so, and get stopped (for some other violation obviously as you have no way of knowing they are an NC resident until you see their license) what, if anything, could you charge them with for failing to get NC tags within the allowed timeframe? 9/26/2012 10:15:05 AM |
SkiSalomon All American 4264 Posts user info edit post |
^^^ If in Wake county, these will typically be either Probation/Parole or Division of Prisons folks. P/P will be in plain clothes but they only have one or two cage cars in the county. DOP are uniformed but they are far more common to see around the area. 9/26/2012 11:37:09 AM |
TKE-Teg All American 43410 Posts user info edit post |
^I don't know about NC but in NY there was nothing cops could do about it.
Quote : | "Is it illegal to intentionally slam on your brakes for a tailgater? What would you cite them for, impeding traffic?" |
reckless driving would be my guess.9/26/2012 1:13:32 PM |
Restricted All American 15537 Posts user info edit post |
Quote : | "If a person moves from another state to NC, how long do they have before they are "required" to put NC tags on their vehicle? If they fail to do so, and get stopped (for some other violation obviously as you have no way of knowing they are an NC resident until you see their license) what, if anything, could you charge them with for failing to get NC tags within the allowed timeframe?" |
Upon moving to North Carolina from another state, you must register your motor vehicle at the expiration of the time granted by the reciprocity agreement between North Carolina and your prior state of residence (usually 30 days) or when gainful employment is accepted, whichever occurs first. You should obtain a North Carolina driver license prior to registering a vehicle.
Any registration violation is a misdemeanor and you can be arrested and charged with failing to notify the DMV of address change and/or failing to register a vehicle.9/26/2012 2:08:59 PM |
dtownral Suspended 26632 Posts user info edit post |
What would you charge merpig when he slams on brakes for a tailgater and causes a collision? 9/26/2012 2:35:45 PM |
Restricted All American 15537 Posts user info edit post |
You would need to be able to prove that he did it intentionally. 9/26/2012 2:40:04 PM |
dtownral Suspended 26632 Posts user info edit post |
So its not illegal to slam on the brakes randomly in traffic? 9/26/2012 2:42:22 PM |
Restricted All American 15537 Posts user info edit post |
There is no specific statute that outlaws it but you can charge under certain other laws. 9/26/2012 2:47:42 PM |
AndyMac All American 31922 Posts user info edit post |
When I get pulled over at night and that spotlight is pointed at my side mirror so that it shines in my eyes; if I were to adjust my mirror so that it happened to be shining instead into the eyes of someone who happened to be standing beside my window, would that annoy you? 9/26/2012 2:59:51 PM |
BanjoMan All American 9609 Posts user info edit post |
what % of cops are republicans?
what % are gay?
what % are hot chicks? 9/26/2012 3:02:57 PM |
Restricted All American 15537 Posts user info edit post |
Quote : | "When I get pulled over at night and that spotlight is pointed at my side mirror so that it shines in my eyes; if I were to adjust my mirror so that it happened to be shining instead into the eyes of someone who happened to be standing beside my window, would that annoy you?" |
Sure but I've never had it happen.
Quote : | "what % of cops are republicans?" |
I would say its on par with the general population.
No clue.
Quote : | "what % are hot chicks?" |
.00001%
[Edited on September 26, 2012 at 4:48 PM. Reason : Almost to 15 pages]9/26/2012 4:47:41 PM |
AndyMac All American 31922 Posts user info edit post |
I adjust the mirror so that the light is out of my face (they never seem to care) but I haven't yet put it on the cop. I've considered it though. 9/26/2012 4:49:21 PM |