Damn it!!

[DubSac06]

So i get pulled over this morning in my cage for expired tags. (payed it online but was waiting for the sticker) Cop asked me if this was my car..I said, I think so. He asked me the normal questions where you going where you coming from? Says license and registration so I comply without any questioning only because I knew why I was pulled over.....Cop comes back asked me if I have ever been arrested thats when I start recalling anything that ive done like an unpaid ticket and so forth...then I recall being arrested for throwing peanuts at a Yankees fan at an A's game and then my dumb ass says well when i was 18(5 yrs ago) i got a ticket for possesion of marijane:teeth He then asked me do I have anything in the car like weapons drugs bombs and i was like WTF! 7:00 in the morning coming from work freezing my ass off the cop is searching my car. I was like alright you guys never do this. His partner says we've done this for years this is why our crime rate is lower than oakland.(mind you this is Alameda) I was like bullshit everyones crime rate is lower than Oakland's you guys never do this. Anyways to make a long story long I am wondering if because of my expired reg. or me telling him I had a ticket for possesion was the reasoning for him searching my car. :mad

[Junkie]

did he claim he had probable cause, or did he just ask if he could search? they can search for any reason or none if you let them, but neither expired tags or a 5 year old marijuana ticket is probable cause for a search.

[splat]

Originally posted by DubSac06
Cop asked me if this was my car..I said, I think so.

Probably not the smartest thing to say to ANYONE, moreless a LEO.

Originally posted by DubSac06
He then asked me do I have anything in the car like weapons drugs bombs and i was like WTF! 7:00 in the morning coming from work freezing my ass off the cop is searching my car. I was like alright you guys never do this.

Reasoning for asking you about bombs, and shit is to see what your reaction is. That in itself will tell you alot.

And as soon as you sa id "Alright" it gives them the green light to search.

You handled the situation wrongly. Had you said You didn't have any bombs or anything illegal in the car, and that you DO NOT consent a search, he'd have no probable cause to search the car legally.

Anyways, did they find something worth noting? Did he know the incarceration for drugs were 5 years ago? Alot of things could have led to the search of your vehicle. At best, just take it as a lesson learned (whatever that may be).

[DubSac06]

It was a joke when i stated "I think so"...He asked have ive been arrested at all when i was still in the car I thought about it for a minute and told him yes for throwing peanuts ect. he said do me a favor and step out of the car...When i was getting out i told him i had a ticket for possesion 5 yrs ago and thats when i was at the curb and continued with the questioning about drugs weapons and bombs. I then talked with his partner saying "Alright now this is wrong you never do this"....the alright was not giving him consent as he was already searching it. He didnt ask me if he could search. He looked at my ID insurance and reg. and came back with the questioning of arrests. I dont get it and i was thinking about fileing a complaint. I dont know im just pissed

[RolnCode3]

I ask everyone (no matter what):

1)Are you on probation or parole?
2)Any warrants for your arrest?
3)Is you DL valid?

They ask you if they can search, and you say the functional equivalent of "yes" (sure, go ahead, ok, whatever) then they're going to search.

Just say "I don't have any contraband. I am not going to consent to a search". You don't even have to be mean about it or anything. They'll probably ask why you won't consent. Answer honestly "I don't have to consent to the search".

They'll either have PC independently, or they'll pack up and leave.

I'll bet this has been discussed 1K times and someone will post links to other threads.

You have no basis for a complaint here unless the search was without PC and against your wishes. I'll bet a 30 second conversation with the officers would make it clear why they did what they did.

[Rel]

Originally posted by DubSac06
It was a joke when i stated "I think so"...

Did you think that was the best time to make a joke? If so, think again....

When an officer is making contact with a driver of a vehicle, and the driver states that he may not be sure that the vehicle he's driving is his.... it sends up some red flags. Makes us want to dig deeper....

A simple "Yes. This my car." And then hand the officer the print out from the DMV website showing you've paid your fees, would get you on your way a lot sooner, then later.

[silverbelt]

I haven't been pulled over in a cage for years, just because I don't drive much. I prefer to ride.

But, if I do get pulled over and they ask to search, I say "No". Politely, but insistent that I DO NOT consent to a search.

You brought this on yourself for stupidly saying you don't know if it was your car (sarcasm or not). Why cause additional delay on the way home from work?

[USARMworker]

Originally posted by splat
...Had you said ... that you DO NOT consent a search, he'd have no probable cause to search the car legally.

Wouldn't that be probable cause for a search? The fact that you won't consent to a search could mean you're trying to hide something...

[Junkie]

Originally posted by USARMworker
Wouldn't that be probable cause for a search? The fact that you won't consent to a search could mean you're trying to hide something... not at all. if it was, it would mean they wouldn't need probable cause for a search (ie if they say yes you can search, if they say no they're hiding something so you can search)

[silverbelt]

As a rule, you should NEVER give consent for the cops to do anything. Force them to obtain a warrant or make the officer(s) impose PC to search.

That way, you have some leverage should things go downhill and you find yourself needing legal representation. Consenting, while noble, is akin to shooting yourself in the foot and opening the door for admission of pretty much every piece of evidence obtained.

[Nick]

I didn't read all the replies. Are you on probabtion for the Possession of Marijuana or incident at the A's game? Is Search/Seizure part of your conditions of probabtion?

Did the officers ask for consent to search?

Lastly, did they find any contraband? If not, don't worry about it. Just chalk it up as a lesson learned and if they ask for consent in the future, know your rights about not giving consent or withdrawing consent.

[DubSac06]

Well I thank you guys for your replies...I just hate when officers are pricks and they have nothing better to do at 7am he could have easily just let me go....I dont get stating that i am not too sure the car is mine is going up throw up red flags when he could easily run my plates and reg. Any of which I was wondering on the probable cause but oh well..I learned now when they ask you those questions they are pretty much asking you for consent to search and i should just tell them no. Thanks again

[Junkie]

answer the questions correctly, but don't tell them its ok to search if/when they ask.

[Rel]

Originally posted by DubSac06
Well I thank you guys for your replies...I just hate when officers are pricks and they have nothing better to do at 7am he could have easily just let me go....I dont get stating that i am not too sure the car is mine is going up throw up red flags when he could easily run my plates and reg. Any of which I was wondering on the probable cause but oh well..I learned now when they ask you those questions they are pretty much asking you for consent to search and i should just tell them no. Thanks again

The officer is a prick because he reacted to your wise ass comment? Yes, he could have let you go, but it's his JOB to make sure that you are not a fleeing criminal.

The normal person does not answer a police officer with a wise ass comment. When we get that type of response, it makes us dig further. You're lucky he didnt give you a full DUI investigation. You're comment to him his just not normal.

That is what you should learn from this experience. IMO.

[splat]

What I think you should learn from this is:

"Yes, Sir" "No, Sir"

Prick ass comments deserve Prick ass treatment.

What happens if you go into a restaurant and ask "Can i get the rare steak with mashed potatoes as a side?"

and the Waitress says "i guess so..."

I'm sure your reaction to her dumb comment would be along the same line as the LEO's actions against your dumb one.

An eye for an eye.

[Rel]

Originally posted by splat
What happens if you go into a restaurant and ask "Can i get the rare steak with mashed potatoes as a side?"

and the Waitress says "i guess so..."

An eye for an eye.

Regarding the waitress comment: If that is her answer, ask for a supervisior.

As for the eye for an eye comment: That leaves the whole world blind.

[silversvs]

Originally posted by DubSac06
Well I thank you guys for your replies...I just hate when officers are pricks and they have nothing better to do at 7am he could have easily just let me go....

Why is he a prick? Why do you think he had nothing better to do?
Have you stopped to think that maybe he was doing the community a service? Here is a quick scenario for you to consider.

Joe Dirtbag spends the night out theiving and wreaking havoc on the good citizens of your community. By 0700 he is tired, and is now making his way home to look through his loot, catch a few hours of sleep, and then plan his next theiving mission. By chance Mr. Dirtbag has expired tags on his loot mobile. A curoius cop decides to pull Mr. Dirtbag over for the simple infraction violation of the expired registration. As the officer is talking to Mr. Dirtbag he is assessing everything he can and guaging the type of person Mr. Dirtbag is; scumbag, or good community member. The officer can simply send Mr. Dirtbag on his way with a warning, or the officer can ask some probative questions, find a way to search Mr. Dirtbag's vehicle, recover all of the stolen property, and send Mr. Dirtbag to county jail to keep him from continuing to wreak havoc on your community. Properly done, this scenario is played out every day during most traffic stops and is a minor inconveneince for our upstanding community members.

I guess the officer must be a prick though, for trying to keep his community safe. I'm sure he had to have had something better to do. Maybe he should have been in line at the donut shop. :applause

[}Dragon{]

I'm not trying to be a prick, but did the OP every consider that if his registration was current- this encounter and this thread would have never happened? :wow

Humor *RARELY* works during a traffic stop... (unless you are dressed as a clown and can make a baloon PR-24. :laughing)

[Stormdragon]

Originally posted by silversvs
Maybe he should have been in line at the donut shop. :applause

Damned straight he should have been! How else would we know where to find him when we needed him? :laughing

[boney]

Prick ass comments deserve Prick ass treatment.


HaHaHa! Ain't that the truth!

[edmo]

No, never consent to a search.

You could have asked "are high explosives considered bombs?"

[-Baker-]

I'm going to get bashed for this but.....dubsac 06 you can file a compliant for illegal search and seizure with No Probal Cause. They have 30 days to get back to you once you file. The officers would have to prove the PC for the search. If you file a bogus complaint keep in mind you can be charged with a misdemeanor.

The Fourth Amendment has two clauses. The first states that people have a right to be protected from unreasonable searches and seizures, and the second states that no warrant shall issue except upon probable cause. (The car not being registered might be enough PC for the search...hmmmm)

Remember you can always send an email to the city council members and Mayor of the city in which you feel done wrong by.....then call IA (Internal Affairs) of that police department to file a complaint....(File a hard copy complaint NOT a PHONE complaint) don't bother calling the local PD office because you'll get a rookie officer or an officer who will be pissed hearing your calling to file a complaint. lol

I can tell you Fremont City Mayor is very quick to respond to email complaints! lol

[Junkie]

he consented to the search, therefore it was a legal search. they only need probable cause if they don't have consent.

[-Baker-]

o if he consented then he's bent over time.....lol

thx junkie.

[silversvs]

Hey Baker where ya been?

I can imagine this conversation:

DubSac06: I want to file a complaint against the officer.
I A Investigator: What happened?
DubSac06: Well I got pulled over because my registration was expired.
I A Investigator: OK
DubSac06: And then the officer asked if he could search my car.
I A Investigator: OK
DubSac06: And I told the officer he could.
I A Investigator: OK
DubSac06: And then the prick searched my car.
I A Investigator: OK
DubSac06: And I don't like the fact that he searched my car.
I A Investigator: OK
DubSac06: And I think the officer should have had something better to do.
I A Investigator: OK, well I got something better to do. Have a nice day.

[Rel]

:Popcorn

[Sharky]

Originally posted by silversvs
Hey Baker where ya been?

I can imagine this conversation:

DubSac06: I want to file a complaint against the officer.
I A Investigator: What happened?
DubSac06: Well I got pulled over because my registration was expired.
I A Investigator: OK
DubSac06: And then the officer asked if he could search my car.
I A Investigator: OK
DubSac06: And I told the officer he could.
I A Investigator: OK
DubSac06: And then the prick searched my car.
I A Investigator: OK
DubSac06: And I don't like the fact that he searched my car.
I A Investigator: OK
DubSac06: And I think the officer should have had something better to do.
I A Investigator: OK, well I got something better to do. Have a nice day.

LOL!
:applause

[-Baker-]

lmao.....

Looks like the kid learned a hard lesson...bent the F&&k over.

[Var]

It's intimidating being questioned by a LEO and sometimes you act a fool and/or forget your rights. Learn from this experience and move on.

[}Dragon{]

Originally posted by Var
It's intimidating being questioned by a LEO and sometimes you act a fool and/or forget your rights. Learn from this experience and move on.

If you are nice, polite, honest and remember - they are people and not super heroes in uniform... you are golden- respect goes both ways.

[silversvs]

Originally posted by }Dragon{
they are people and not super heroes in uniform...

Speak for yourself Dragon! :hail

[}Dragon{]

Everyone knows: Super heroes have chevrons :twofinger :laughing

[Nick]

What does that make those with bars or stars?

[}Dragon{]

Originally posted by Nick
What does that make those with bars or stars?

Per ATeamer:

Originally posted by ateamer
An LT, aka ell-tee, is a lieutenant. Curious breed who used to do police work, but is usually found behind a desk counting beans and researching grants to pay for the brain-removal operation. He already had the spine removal upon promotion to sergeant.
.

[silverbelt]

Intimidated by a LEO? Ummmm no I don't think so. No reason to be intimidated. They are doing their job, same as everyone else. If they step out of line or overstep their authority, there are ways to deal with that. It is worthwhile to remember we pay their salaries and most importantly, we have rights. It is amazing to me how often citizens forget that.

[Burner]

Originally posted by splat
Prick ass comments deserve Prick ass treatment.


Uh, no, it's called being PROFESSIONAL. Just because some guy decides to act like an ass doesn't mean an officer should lose his bearing. When I used to work at In-N-Out, we would get some customers being complete asses to us for no reason. I've seen teenage employees keep their professionalism better than some cops in situations like that, which is quite sad in my opinion. No employees would ever give attitude back to a customer, and if they do, it's taken very seriously (possibly fired). It's too bad that there are cops out there who feel that "prick ass comments deserve prick ass treatment." I don't know whether splat is a cop or not, but I know that attitude does exist amongst cops. I've been in situations where officers were being completely unprofessional in their demeanor over stupid shit (there shouldn't be any reason for it at all anyway). Being an ass back to the asshole just shows a lack of professional ability and character.

[RolnCode3]

And sometimes, it's called 'being the alphadog'.

"Talking trash to the garbage around you" - Beck

Someone once said - "Some people just need to be told to sit the f* down, and shut the f* up".

I won't attempt to speak for whatever officers you've contacted and the situation there. I can only speak to myself, my teammates, and other officers I've been with.
Originally posted by Burner
Uh, no, it's called being PROFESSIONAL. Just because some guy decides to act like an ass doesn't mean an officer should lose his bearing. When I used to work at In-N-Out, we would get some customers being complete asses to us for no reason. I've seen teenage employees keep their professionalism better than some cops in situations like that, which is quite sad in my opinion. No employees would ever give attitude back to a customer, and if they do, it's taken very seriously (possibly fired). It's too bad that there are cops out there who feel that "prick ass comments deserve prick ass treatment." I don't know whether splat is a cop or not, but I know that attitude does exist amongst cops. I've been in situations where officers were being completely unprofessional in their demeanor over stupid shit (there shouldn't be any reason for it at all anyway). Being an ass back to the asshole just shows a lack of professional ability and character.

[splat]

I'm not saying the officer should now draw his weapon and demand whomever to the ground. I'm saying it changes the whole light on the situation.

If you're honest, upfront, and personable, the officer usually won't think twice about how he's gonna handle the situation.

If you say "It might be my car...it might be your mom's car...I don't know whose car this is!" Said officer will look at the situation from a far different standpoint that he otherwise wouldn't have.

For an officer to react the same in both the above situation would definately be something new in my book.

[silverbelt]

Originally posted by Burner
Uh, no, it's called being PROFESSIONAL. Just because some guy decides to act like an ass doesn't mean an officer should lose his bearing. When I used to work at In-N-Out, we would get some customers being complete asses to us for no reason. I've seen teenage employees keep their professionalism better than some cops in situations like that, which is quite sad in my opinion. No employees would ever give attitude back to a customer, and if they do, it's taken very seriously (possibly fired). It's too bad that there are cops out there who feel that "prick ass comments deserve prick ass treatment." I don't know whether splat is a cop or not, but I know that attitude does exist amongst cops. I've been in situations where officers were being completely unprofessional in their demeanor over stupid shit (there shouldn't be any reason for it at all anyway). Being an ass back to the asshole just shows a lack of professional ability and character.

How often do IN-N-OUT employees deal with asshole customers? Not very often. Kill 'em with kindness seems to be the In-N-Out motto and by and large most if not all customers treat them in kind.

Cops OTOH deal with assholes, pricks, cocksuckers, motherfuckers, buttwipes, dickbrains, etc just about all the time. Maintaining constant professionalism day after day has got to be next to impossible.

Thats one big reason why I could never be a LEO.

[-Baker-]

Originally posted by silverbelt
How often do IN-N-OUT employees deal with asshole customers? Not very often. Kill 'em with kindness seems to be the In-N-Out motto and by and large most if not all customers treat them in kind.

Cops OTOH deal with assholes, pricks, cocksuckers, motherfuckers, buttwipes, dickbrains, etc just about all the time. Maintaining constant professionalism day after day has got to be next to impossible.

Thats one big reason why I could never be a LEO.

True true.....

BUT BUT BUT!!!!! If you can't hang in the heat of the kitchen get the F out! Providing an excuse for an Officer to not be professional is crazy and thats why those officers give a bad name for others.

Any Fremont Pd in here? Brannon, or Luevano?

[DubSac06]

Look what I started...:cry