TommyT-Bone wrote:
Hell,if you were running dope you'd be driving the BMW 750i or the tricked out Escalade. Wouldn't ya? Huh? Huh? Huh? Wouldn't ya? What do ya say? Huh?

Blade_1 wrote:

(just kiddin' - guess that has to be made clear nowadays)

What can ya do?

cuisinartvette wrote:
Its a PITA but part of their job....I got ordered out of my truck about 6 mos ago by a couple Sheriffs about 8 at night. I just got off the fwy and was pulled over to make a phone call from the peoples house I just left (estimate).
None of those questions, just a "what are you doing here" and "out of thecar". THrew me up against the side of my truck, cuffed me and threw me in the back of their car while the next 20 min they took everything out of the inside. Never said a word the entire time and I knew better than to run my mouth.
What can ya do?

They were looking for those Mexican underage prostitutes that you have been bringing back across the border.

patgizz wrote:
tonight i was on my way home from lowe's, had to pick up some plumbing stuff to move the washing machine. it was ~10pm

i was on a 50mph 2 lanes each way state route going dead on 50mph and i saw a vic coming at me on the other side, it was one of the locals.

patgizz wrote:
tonight i was on my way home from lowe's, had to pick up some plumbing stuff to move the washing machine. it was ~10pm, and i took the vette because i'm putting it away sunday for winter hibernation.

i was on a 50mph 2 lanes each way state route going dead on 50mph and i saw a vic coming at me on the other side, it was one of the locals. in my rearview mirror i saw him whip around and gun it and ride my ass for a mile until i hit my signal to turn onto the road that goes to my house.

he came up to the car after a few minutes of blinding me with his spotlight and asked for my license and insurance card, which i politely handed over. i had to open the console to get the card and pop my seatbelt off to get my wallet. then he informed me that i was pulled over because my rear plate cover was too faded for him to rear my plate - which i'm sure he could tell at night with me going 50mph one way and him doing the same in the opposite direction - i'm positive it was enough for him to warrant whipping his car around and flying up on me - so long as he has superman's eyes.

after taking my license and verifying i have insurance he asked me if i was hiding anything, so i said no. then he asked again and my answer was the same. he said "i'm being a nice guy but i hate being lied to, i'm going to ask you one more time and you better tell me the truth, is there anything in this car you are hiding that i need to know about?" and i was like wtf in my brain so i said there is absolutely nothing in this car you need to know about. this exchange went on for 3 or 4 minutes of him repeating himself telling me once he is lied to all bets are off so i better tell the truth. then he was like "what if i ask you if you mind i search your car" so i said no - as in i do not mind. he said "is that a no i cant search or no you dont mind" so i replied "i dont mind" then he asked me again at least 3 times "what if" he asked to search the car until i said "be my guest there is nothing you will find by searching my car." he proceeded to recheck my insurance card and license - which match - and ask whose car it was.

then he got his flashlight in my face and looked me in the eye and told me not to lie to him, and asked me what that silver thing in the console was, flashing his light at the targa top wrench. so i pointed at my phone and asked "oh that? thats my phone" then he asked again so i whipped out the top wrench and gave him a lesson on removing the top on a c4. on top of all that i got the "where are you coming from" twice in a row.

then he said "are you sure when i go run your license there is nothing i should know about - no prior arrests, no warrants?" of course i said no, and he ran it and i came back squeaky clean, i've only had 2 tickets in 12+ years of driving. he said he asked me all those questions because i looked nervous - so i told him that seeing the red and blue lights in your rearview is intimidating when you've done nothing to warrant being pulled over, and he let me go home.

he was a total ass through the process, i was polite till the last sentence, and he shouldnt have even pulled me over in the first place. but i guess a 28 year old shouldnt be driving a nice corvette.

vetteblondie wrote:
"Illegal search and/or seizure"....
they have to have warrants here or justified probable cause to do that

Arkansas Rule of Criminal Procedure 5.5 (1997) provides:
The issuance of a citation in lieu of arrest or
continued custody does not affect the authority
of a law enforcement officer to conduct an other-
wise lawful search or any other investigative
procedure incident to an arrest.


Emphasis added.) The plain language of Rule 5.5 permits a police officer to conduct a lawful search where the officer could either arrest an individual or detain him for further investigation. As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. Whren v. United States, ____ U.S. ____,135 L Ed 2d 89 (1996) (citing Delaware v. Prouse, 440 U.S. 648, 659 (1979)). Ark. R. Crim. P. 4.1 gives officers the authority to arrest without a warrant. Under rule 4.1, a law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed any violation of law in the officer's presence. Ark. R. Crim. P. 4.1(a)(iii)(1997). (Emphasis added.) In essence, Rule 4.1 tracks the holdings of Prouse and Whren, recognizing that officers have probable cause to stop and arrest in such situations. Therefore, construing the authority conveyed in Rule 4.1 in conjunction with the discretionary power to search in Rule 5.5, we hold that where an officer has the probable cause to arrest pursuant to Rule 4.1, he may validly conduct a search incident to arrest of either the person or the area within his immediate control under Rule 5.5. See U.S. v. Robinson, 414 U.S. 218 (1973). The officer's actions need no other justification. Id.; accord State v. Knowles, 569 N.W.2d 601 (Iowa 1997), cert. granted, 118 S.Ct. 1298 (1998) (interpreting Iowa Code section 805.1(4) as providing authority to search when a traffic violation has occurred that would constitute grounds for an arrest).

Blade_1 wrote:

You must have a sharp eye, my friend...

TheAngelOfDeath wrote:
Quote:

vetteblondie wrote:
"Illegal search and/or seizure"....
they have to have warrants here or justified probable cause to do that

You are correct on the probable cause part and ANY traffic violation is probable cause under Arkansas law. Arkansas law states that a police officer has the authority to place anyone that has committed a traffic offense of any kind under custodial arrest and that empowers the officer to search the vehicle.

TommyT-Bone wrote:
We are the free democratic republic, the United States of America. Show me your papers. Are you a Slobovian or do you know any Slobovians? Are there any Slobovians in your car? I am asking you this only for your protection and safety. Aha! What's that in your trunk? Oh , nevermind. It's just a trunk monkey.

Did you know that North Korea is known as the Peoples Democratic Republic of Korea.