iowaman
Posts: 3878
Joined: Thu May 20, 2004 2:29 am

Question For Any Police Officers On Here...

Sun Jul 02, 2006 5:40 am

Got pulled over last night.. to make a long story short I was following somebody else in front of me and got pulled over for making a rolling stop, so I pull over and give him my license, insurance, and registration, and then he asks me if I had anything to drink tonight.. and of course I reply not at all. After that he asks me to go back and sit in his patrol car with him while he calls in my plates and writes out a warning. Just curious as to why he wanted me to come back to the car with him, it's not like I wasn't cooperating or was going to run (no way I could out run his Dodge Charger). Usually they have you stay in your own car. He also seemed pretty nice towards the end, which was nice.
 
cxsjr
Posts: 711
Joined: Tue Aug 24, 2004 3:44 am

RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 5:57 am

Quoting Iowaman (Thread starter):
He also seemed pretty nice towards the end, which was nice.

Did he have a gun in his pocket or was he pleased to see you?  wink 

On a more serious note, I believe the reason is to stop you even trying to drive off. Regardless of whether or not you could outrun the officer in a potential chase, the risk of causing an accident, involving other vehicles, during a high speed pursuit would be extremely high?
The world is a book, those who do not travel read only one page ....
 
iowaman
Posts: 3878
Joined: Thu May 20, 2004 2:29 am

RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 6:07 am

Quoting Cxsjr (Reply 1):
On a more serious note, I believe the reason is to stop you even trying to drive off. Regardless of whether or not you could outrun the officer in a potential chase, the risk of causing an accident, involving other vehicles, during a high speed pursuit would be extremely high?

That very well could be.. although it would be dumb to run for a warning. What I also found strange was he didnt call in his location untill after we were back in the car.
 
ryangooner
Posts: 956
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RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 6:09 am

Over here in the UK ist 50/50 whether or not i have someone stand or sit, very much depends on the mood or even the weather! If its raining and im writing a ticket ill have you sat in the rear of my car so the paper dont get wet!
I would not look much into it, ive never thought about it before you had brought the subject up!

Ryan
ooh to ooh to be ooh to be a gooner!
 
iowaman
Posts: 3878
Joined: Thu May 20, 2004 2:29 am

RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 6:14 am

Quoting Ryangooner (Reply 3):
If its raining and im writing a ticket ill have you sat in the rear of my car so the paper dont get wet!

Yeah, it was a very nice day so rain or hot/cold wasn't an issue.. and I got to sit in the front passenger seat lol.

Quoting Ryangooner (Reply 3):
I would not look much into it, ive never thought about it before you had brought the subject up!

Yeah, just curious as to why that is.
 
USAirways737
Posts: 986
Joined: Tue Jan 11, 2000 7:20 am

RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 9:46 am

I know the IA State Patrol always brings you back to the sqaud car when they pull you over and issue a ticket. They had my mom enter her information into the cop's laptop when she got her ticket. Its most likely just dept. policy.

Erik in MSP
 
LOT767-300ER
Posts: 8526
Joined: Mon Jan 01, 2001 12:57 pm

RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 9:50 am

The only question remains was it the Hemi...I would have asked him if I could hear him rev it up  Silly
 
ANCFlyer
Posts: 21391
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RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 7:32 pm

Judgement call really . . . there is no standard in Alaska as to whether to bring the subject back to the Squad or allow them to stay in their own vehicle.

Several things come to mind.

a) Perhaps the officer had some doubt as to your non-consumption claim. Bringing you to his car would allow the officer to observe you further while the warning citation was written.

b) Maybe that's standard procedure for his department.

c) The officer didn't want you to lose your mind and drive off . . . thereby turning a warning citation into a car chase.

Just random thoughts on that.

For the record, rarely do I bring anyone back to my unit. I mean, this IS Alaska, we have like 5 major roads. Where the hell you gonna run to where I work. It's 480 miles south to Fairbanks and there's only ONE road. There's Trooper at Coldfoot 230 miles from here, if I can't catch you, he will.  biggrin  And Bob doesn't have the same good sense of humor that I have.  Wow!
FOR THOSE THAT FOUGHT FOR IT, FREEDOM HAS A FLAVOR THE PROTECTED WILL NEVER KNOW OR UNDERSTAND
 
Cadet57
Posts: 7174
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RE: Question For Any Police Officers On Here...

Sun Jul 02, 2006 8:16 pm

Quoting Iowaman (Thread starter):
(no way I could out run his Dodge Charger).

LOL, Nice. What dept has those?

Quoting LOT767-300ER (Reply 6):
The only question remains was it the Hemi...I would have asked him if I could hear him rev it up

The police versions all have the hemi  biggrin 

Quoting ANCFlyer (Reply 7):
And Bob doesn't have the same good sense of humor that I have.

 rotfl  God help the sorry bastard that has to deal with both of you  Wink
Doors open, right hand side, next stop is Springfield.
 
iowaman
Posts: 3878
Joined: Thu May 20, 2004 2:29 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 2:36 am

Quoting ANCFlyer (Reply 7):
a) Perhaps the officer had some doubt as to your non-consumption claim. Bringing you to his car would allow the officer to observe you further while the warning citation was written.

b) Maybe that's standard procedure for his department.

c) The officer didn't want you to lose your mind and drive off . . . thereby turning a warning citation into a car chase.

Just random thoughts on that.

Good thoughts.

Quoting ANCFlyer (Reply 7):
Trooper at Coldfoot 230 miles from here, if I can't catch you, he will.

Lol 230 miles.

Quoting Cadet57 (Reply 8):
Quoting Iowaman (Thread starter):
(no way I could out run his Dodge Charger).

LOL, Nice. What dept has those?



Quoting Cadet57 (Reply 8):
LOL, Nice. What dept has those?

The big CCPD:

http://www.usacops.com/ia/p50616/index.html
 
NWA742
Posts: 4505
Joined: Sat Feb 16, 2002 11:35 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 2:51 am

Quoting Iowaman (Thread starter):
no way I could out run his Dodge Charger

If it was a V6 Charger, chances are that you could have!




-NWA742
Some people are like slinkies - not good for anything, but they bring a smile to your face when pushed down the stairs
 
AirCop
Posts: 5553
Joined: Mon Nov 28, 2005 2:39 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 3:58 am

Quoting Iowaman (Thread starter):
After that he asks me to go back and sit in his patrol car with him while he calls in my plates and writes out a warning

Just wrong and unsafe. Sounds like to me he was lazy. (I suppose that he approached your car on the left side also).
Problems with having you sit in the partol car, #1) you're close to his weapon; #2) should dispatch advise of a problem, the bad guy will have the jump on the officer, #3) what if the patrol car is hit from the rear while you're sitting in while he writing, its call liability, if you're injured the check from the department will have several zeros at the end. In Arizona a couple of highway patrolmen were sitting in their vehicles writing when they were hit from the rear and the Crown Vics exploded, killing them.
The officer should be standing in a safe area (well at least as safe as possible) next to the vehicles and write the paperwork there. In my humble opinion the only time an officer should write a citiation in the vehicle is in bad weather, like when its -60 windchill in Michigan. So what if you drive off, the officer has your and the vehicle identification, and besides whats the wisdom to have a pursuit over a minor traffic violation in this situation, always can do the paperwork for a warrant if you do drive off.
 
itsjustme
Posts: 2727
Joined: Sun Apr 25, 2004 6:58 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 7:28 am

Quoting AirCop (Reply 11):
Just wrong and unsafe.

 checkmark 

Agree. I've seen a few departments do this, mostly state troopers (Michigan included when I lived there). I've never understood the concept. Iowaman, you didn't mention it so I will assume the officer didn't pat you down before having you sit in his vehicle. Serious officer safety concerns there. At that point, he still had no idea who you were (I've been handed a bogus ID and vehicle information on more than a few occasions), if you had any wants, and probably had no information on your plate or vehicle yet.

Quoting AirCop (Reply 11):
In my humble opinion the only time an officer should write a citiation in the vehicle is in bad weather, like when its -60 windchill in Michigan.

When I was brand new and only had a few months on the job, the officer I was "training" with and I made a stop on a vehicle that rolled through a stop sign (my FTO had called in with a family emergency and my Lt. stuck me with a guy who had over 20 years on and had, let's say, developed some bad habits). It was one of those cold winter nights in Michigan and the windchill was somewhere around -20 (yeah yeah ANC....I know...where you come from, that's considered shorts and t-shirt weather). The driver stops and I reach for the door handle to get out and my partner says, "Sit tight rookie". The asshole then gets on the P.A. and orders the driver to walk back to our vehicle. wtf? This would have been wrong under any circumstances but the busted out passenger side window that he either didn't see or just disregarded (which can be a sign of a freshly stolen vehicle) added to the potential for the stop going to shit rather quickly. Anyway, contrary to what I was told by my dumbass partner, I exited the vehicle and stood at the rear so I could watch the driver as he walked back to us (I should have told him to stay put). The car wasn't stolen but the guy ended up being wanted on a couple of misdemeanor charges.

Quoting ANCFlyer (Reply 7):
Perhaps the officer had some doubt as to your non-consumption claim. Bringing you to his car would allow the officer to observe you further while the warning citation was written.

I know you're only speculating, but again, piss poor officer safety practice if you ask me. I prefer to observe someone while they're seated in their vehicle with their hands in plain view. If they've consumed any significant amount of alcohol, it's probable the odor will be on them and in their vehicle. Doesn't make any sense to me to have them exit their car and have a seat in mine if sobriety is questionable.
 
LOT767-300ER
Posts: 8526
Joined: Mon Jan 01, 2001 12:57 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 7:56 am

Quoting Cadet57 (Reply 8):
The police versions all have the hemi

No, you are not correct. Dont fight with me about cars. You will lose and you know it.

MSRP for Dodge Charger V6 Police is $22,000, Hemi goes for $24,000. If you want rubber floor mats add +$70.

Quoting Iowaman (Thread starter):
no way I could out run his Dodge Charg

I could, even a Hemi  bouncy   bouncy  I feel special.
 
Cadet57
Posts: 7174
Joined: Mon Jul 25, 2005 2:02 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:15 am

Quoting LOT767-300ER (Reply 13):
No, you are not correct. Dont fight with me about cars. You will lose and you know it.

You win. Besides, last time I argued a pollock and cars, I got a boot up my ass after I said BMW was better then Merc  Wink (which it still is, btw)

Quoting LOT767-300ER (Reply 13):
I could, even a Hemi I feel special.

The SS?
Doors open, right hand side, next stop is Springfield.
 
LOT767-300ER
Posts: 8526
Joined: Mon Jan 01, 2001 12:57 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:19 am

Quoting Cadet57 (Reply 14):
The SS?

No, I put 4xbottles of NOS-> in my Blazerm stole a Grand Prix GTP supercharger and added that also.  Silly

/sarcasm off.

Some guy here drives a 1992 Dodge Caravan with a modified 5.0L V8. Sometimes I see him takeout Acura's on red lights...first time I saw him I nearly soiled my pants though.

Quoting Cadet57 (Reply 14):
You win. Besides, last time I argued a pollock and cars, I got a boot up my ass after I said BMW was better then Merc (which it still is, btw)

When was the last time you spelled Polak right?

I agree BMW is better than Mercedes (except the SL65AMG)
 
Sabena332
Posts: 14938
Joined: Wed May 09, 2001 3:57 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:21 am

Quoting LOT767-300ER (Reply 15):
I agree BMW is better than Mercedes

I just returned my SLK to get a nice Audi. Merc cars are shit and so is their customer service!

Patrick
NZ1's mother is a disgusting crack-whore and his father is a worthless alcoholic!
 
Cadet57
Posts: 7174
Joined: Mon Jul 25, 2005 2:02 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:23 am

Quoting LOT767-300ER (Reply 15):
When was the last time you spelled Polak right?

Honestly? I dont even know why I spelt it like that. Its been a long day. I just got off work. So leave me alone  Wink

Quoting LOT767-300ER (Reply 15):
No, I put 4xbottles of NOS-> in my Blazerm stole a Grand Prix GTP supercharger and added that also.

/sarcasm off.

Ok Ok Ok.... got it. But IDK, maybe you got another car or somethin, cuz all I can think of is the Blazer and the SS.
Doors open, right hand side, next stop is Springfield.
 
LOT767-300ER
Posts: 8526
Joined: Mon Jan 01, 2001 12:57 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:26 am

Quoting Sabena332 (Reply 16):
I just returned my SLK to get a nice Audi. Merc cars are shit and so is their customer service!

http://img.photobucket.com/albums/v306/LOT767-300ER/stilles4.jpg

Shot from my Blazer in Schaumburg of my 2 good Bosnian friends. I only step into "S" Audi's. Anything else feels like an Opel Kadet to me hehe.
 
Sabena332
Posts: 14938
Joined: Wed May 09, 2001 3:57 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:30 am

Quoting LOT767-300ER (Reply 18):
I only step into "S" Audi's. Anything else feels like an Opel Kadet to me hehe.

A4 convertible 2.0 TFSI is coming... at least I have the "S-Line Sport Packet".  Wink

Patrick
NZ1's mother is a disgusting crack-whore and his father is a worthless alcoholic!
 
LOT767-300ER
Posts: 8526
Joined: Mon Jan 01, 2001 12:57 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:32 am

Quoting Sabena332 (Reply 19):
A4 convertible 2.0 TFSI is coming... at least I have the "S-Line Sport Packet".

Hmmm I never seen a 2.0 A4. Today I saw a 2.4 A4 or A6. AFAIK we only have the 1.8T, 3.2 6 and the 4.2 V8 in the USA.

Also, someone that is on vacation near me in Warsaw drives a 2001 Cadillac Escalade on Florida license plates...heheh. Funny stuff.
 
Sabena332
Posts: 14938
Joined: Wed May 09, 2001 3:57 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:36 am

Quoting LOT767-300ER (Reply 20):
AFAIK we only have the 1.8T, 3.2 6 and the 4.2 V8 in the USA.

Yeah, the USA... do you think that the 1.4 (75hp) Golf will sell there?  Silly  Wink

Patrick
NZ1's mother is a disgusting crack-whore and his father is a worthless alcoholic!
 
LOT767-300ER
Posts: 8526
Joined: Mon Jan 01, 2001 12:57 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:41 am

Quoting Sabena332 (Reply 21):
Yeah, the USA... do you think that the 1.4 (75hp) Golf will sell there?

My snowblower has 15.5hp. What do you think about that?
 
Sabena332
Posts: 14938
Joined: Wed May 09, 2001 3:57 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 8:43 am

Quoting LOT767-300ER (Reply 22):
My snowblower has 15.5hp. What do you think about that?

You're a Polak who modified it (after stealing it, of course).  Wink Big grin

Patrick
NZ1's mother is a disgusting crack-whore and his father is a worthless alcoholic!
 
cornish
Posts: 7651
Joined: Fri Feb 18, 2005 8:05 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 7:42 pm

Quoting Sabena332 (Reply 19):
A4 convertible 2.0 TFSI is coming... at least I have the "S-Line Sport Packet".

Mmm very good choice Sabena. My A3 will be three years old at the start of next year. Looking to change it for an A4 convertible too  Smile
Just when I thought I could see light at the end of the tunnel, it was some B*****d with a torch bringing me more work
 
Pope
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RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 10:04 pm

Question for ANCFlyer -

Once you take the person back to your police car, do you continue to question them? What I'm getting at is whether your Dept has any guidance with respect to Miranda in these situations. It would seem that if you put someone in the back of a locked police car, you've crossed the line into custodial interrogation and therefore raise the issue of Miranda.
Hypocrisy. It's the new black for liberals.
 
ANCFlyer
Posts: 21391
Joined: Mon Nov 15, 2004 3:51 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 10:22 pm

Quoting Pope (Reply 25):
Question for ANCFlyer -

Once you take the person back to your police car, do you continue to question them? What I'm getting at is whether your Dept has any guidance with respect to Miranda in these situations. It would seem that if you put someone in the back of a locked police car, you've crossed the line into custodial interrogation and therefore raise the issue of Miranda.

I don't put them in the back - if I'm writing a citation. Like I said, rarely do I ever put them in my unit at all . . .

They are not under arrest - therefore there is no need to Mirandize them.

Now, ItsJustMe or AirCop will probably chime in here as well - but it's not unheard of to put someone in the back seat to protect the officer or the subject or both - and they are not under arrest - and therefore, once again, Mirandizing them isn't necessary.

Once the magic bracelets go on - the game is afoot and the situation is much different.
FOR THOSE THAT FOUGHT FOR IT, FREEDOM HAS A FLAVOR THE PROTECTED WILL NEVER KNOW OR UNDERSTAND
 
11Bravo
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RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 10:35 pm

Quoting ANCFlyer (Reply 26):
Now, ItsJustMe or AirCop will probably chime in here as well - but it's not unheard of to put someone in the back seat to protect the officer or the subject or both

It's also not unheard of to put someone, especially a very young someone, in the back seat to provide them with a little educational experience. There is nothing quite like sitting in the back of a cruiser, particularly if it's equipped with a partition, to cause one to reflect on exactly how they've come to be sitting in the back of a cop car. It makes a strong impression.
WhaleJets Rule!
 
Pope
Posts: 3995
Joined: Thu Mar 24, 2005 5:57 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 10:37 pm

Quoting ANCFlyer (Reply 26):
I don't put them in the back - if I'm writing a citation. Like I said, rarely do I ever put them in my unit at all . . .

They are not under arrest - therefore there is no need to Mirandize them.

Now, ItsJustMe or AirCop will probably chime in here as well - but it's not unheard of to put someone in the back seat to protect the officer or the subject or both - and they are not under arrest - and therefore, once again, Mirandizing them isn't necessary.

Once the magic bracelets go on - the game is afoot and the situation is much different.

OK thanks. I completely understand why an officer would do this.

Just exploring this issue further. Would you agree that a person need not be in handcuffs to be "under arrest" for purposes of Miranda? I believe the Supreme Court has held that a custodial arrest occurs whenever a reasonable person would believe that they are not free to leave.

My understanding of a traffic stop is that it does not constitute an arrest because the person is free to leave (however, if they do so, they will end up arrested). However, once they are placed in a locked vehicle, I believe that most defense attorneys would argue that they are in custody for purposes of Miranda - since they are no longer free to leave.

Since Miranda applies to interrogations when in custody, it seems only logical that someone questioned when they are not free to leave triggers a Miranda warning. What am I missing?
Hypocrisy. It's the new black for liberals.
 
AirCop
Posts: 5553
Joined: Mon Nov 28, 2005 2:39 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 10:37 pm

Quoting ANCFlyer (Reply 26):
Now, ItsJustMe or AirCop will probably chime in here as well - but it's not unheard of to put someone in the back seat to protect the officer or the subject or both - and they are not under arrest - and therefore, once again, Mirandizing them isn't necessary.

Agreed. In my case most of our patrol vehicles didn't have the protective cage unit. Headquarters: Its the wrong image, each officer who had a assigned vehicle had to request a cage if they wanted one, which in my case I had "remote" beats so it wasn't a problem getting one installed.
 
Pope
Posts: 3995
Joined: Thu Mar 24, 2005 5:57 am

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 10:54 pm

Quoting AirCop (Reply 29):
Agreed. In my case most of our patrol vehicles didn't have the protective cage unit. Headquarters: Its the wrong image, each officer who had a assigned vehicle had to request a cage if they wanted one, which in my case I had "remote" beats so it wasn't a problem getting one installed.

Do you think that if the unit has a protective cage, then the case for custodial arrest is greater? I was under the impression that all the cars had these sorts of protections. Isn't it more dangerous to put someone behind you where you can't see them?
Hypocrisy. It's the new black for liberals.
 
AirCop
Posts: 5553
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RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 11:11 pm

Not when you're driving 40-50 miles on mountain roads to the jail. Handcuffed, seatbelted on the right side, they can't get to you, and they can't get out either. The cars that didn't have the cages the individual was placed in the right front, seatbelted and hogtied and they could still cause some problems like kicking out the windshield.
 
ANCFlyer
Posts: 21391
Joined: Mon Nov 15, 2004 3:51 pm

RE: Question For Any Police Officers On Here...

Mon Jul 03, 2006 11:35 pm

Quoting Pope (Reply 28):
Would you agree that a person need not be in handcuffs to be "under arrest" for purposes of Miranda?

Absolutely not.

Cuffs, period.

It is often amazing how calm and collected a person can be until a) cuffs go on or b) they are placed unde arrest.

Quoting Pope (Reply 30):
Do you think that if the unit has a protective cage, then the case for custodial arrest is greater? I was under the impression that all the cars had these sorts of protections. Isn't it more dangerous to put someone behind you where you can't see them?

No

and

I wouldn't put them in the back seat - unless they are cuffed . . . the scenario presented earlier (the traffic citation) as I read it indicated the person was in the front passenger seat of the unit - not in the back.

If I'm backseating someone I won't be in the front seat driving where I can be a target - unless they are cuffed. And one can be cuffed and not unde arrest also.
FOR THOSE THAT FOUGHT FOR IT, FREEDOM HAS A FLAVOR THE PROTECTED WILL NEVER KNOW OR UNDERSTAND
 
Pope
Posts: 3995
Joined: Thu Mar 24, 2005 5:57 am

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 12:29 am

Quoting ANCFlyer (Reply 32):
I wouldn't put them in the back seat - unless they are cuffed . . . the scenario presented earlier (the traffic citation) as I read it indicated the person was in the front passenger seat of the unit - not in the back.

My misunderstanding. Sorry. That makes sense. Someone sitting in the front of a police car without handcuffs is completely different than a person put in the back of a locked police car with a cage separating them from the front.

Quoting ANCFlyer (Reply 32):
Absolutely not.

Cuffs, period.

I think the US Supreme Court disagrees with you.
Hypocrisy. It's the new black for liberals.
 
LOT767-300ER
Posts: 8526
Joined: Mon Jan 01, 2001 12:57 pm

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 4:40 am

Quoting Sabena332 (Reply 23):
You're a Polak who modified it (after stealing it, of course).

Patrick

No, my dad bought it in Home Depot.  Silly
 
iowaman
Posts: 3878
Joined: Thu May 20, 2004 2:29 am

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 5:16 am

Quoting AirCop (Reply 11):
So what if you drive off, the officer has your and the vehicle identification, and besides whats the wisdom to have a pursuit over a minor traffic violation in this situation, always can do the paperwork for a warrant if you do drive off.

Correct, I noticed he had some type of camera thing that had a picture of the rear of my car when I got in.

Quoting Itsjustme (Reply 12):
I will assume the officer didn't pat you down before having you sit in his vehicle. Serious officer safety concerns there.

Correct, just a "come back to the car with me".
 
N766UA
Posts: 7843
Joined: Thu Jul 29, 1999 3:50 am

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 5:21 am

Gotta love written warnings. I got pulled over yesterday because everyone on the highway was slamming on their brakes because of the cop. I refuse to slow down (i wasn't speeding) so I had to weave in and out of the idiots. I guess I just forgot to use my signal when I did it (i got pissed, slipped my mind) so the cop pulled me over and just reminded me to do so next time. He didn't care and even said "here's a warning, you can throw it out or whatever, just make sure to use the signal next time."
This Website Censors Me
 
itsjustme
Posts: 2727
Joined: Sun Apr 25, 2004 6:58 pm

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 6:41 am

Quoting ANCFlyer (Reply 26):
Now, ItsJustMe or AirCop will probably chime in here as well - but it's not unheard of to put someone in the back seat to protect the officer or the subject or both - and they are not under arrest - and therefore, once again, Mirandizing them isn't necessary.

True. Fairly common practice, actually. Especially when you have a volatile situation and combatants need to be separated. It is perfectly lawful to detain a subject while an investigation is being conducted without the subject being under arrest. As ANC mentioned, detainment does not necessitate mirandizing the subject.

Quoting ANCFlyer (Reply 32):
the scenario presented earlier (the traffic citation) as I read it indicated the person was in the front passenger seat of the unit - not in the back.

True, and I stand by my earlier post...poor officer safety practice. An officer doing this smacks of the media's love for the phrase, "routine traffic stop". There is no such animal. Unless circumstances are such that I need the driver out of his vehicle (a field sobriety test, for example), he's much easier to control and monitor seated in his vehicle.

Quoting N766UA (Reply 36):
Gotta love written warnings.

Waste of time. If I don't cite you, aside from detaining you long enough to see if you or your vehicle have any wants, you'll be back on your way as quickly as possible. Writing out a warning is a waste of my time and yours.
 
iowaman
Posts: 3878
Joined: Thu May 20, 2004 2:29 am

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 9:41 am

Quoting Itsjustme (Reply 37):
Waste of time. If I don't cite you, aside from detaining you long enough to see if you or your vehicle have any wants, you'll be back on your way as quickly as possible. Writing out a warning is a waste of my time and yours.

 checkmark  He spent a good 5 minutes writing out a warning and asking me all these question such as weight, height, etc which was all on my recently issued license he had in his hand. By the way, a warning doesn't go on your record at all or effect your insurance does it?
 
N766UA
Posts: 7843
Joined: Thu Jul 29, 1999 3:50 am

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 9:45 am

Quoting Itsjustme (Reply 37):
Writing out a warning is a waste of my time and yours.

I agree, but it's better than the alternative. He already pulled me over, he could have made it worth his time to write out a ticket, which I'm glad he didn't.
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ANCFlyer
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RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 10:48 am

Quoting Pope (Reply 33):
Quoting ANCFlyer (Reply 32):
Absolutely not.

Cuffs, period.

I think the US Supreme Court disagrees with you.

I doubt that . . . check again . . . I know of no ruling SCotUS ever made that said if a subject is under arrest you cannot cuff them. If such a ruling exists, I'm confident every law enforcement officer in the nation would be up in arms over it . . .

If someone is under arrest, and they are going into my ride, they are going into the magic bracelets . . . no ifs, ands, or buts . . . 18 or 80, male or female, fat or skinny . . . period.

Quoting Itsjustme (Reply 37):
"routine traffic stop". There is no such animal

Quite agree . . .
FOR THOSE THAT FOUGHT FOR IT, FREEDOM HAS A FLAVOR THE PROTECTED WILL NEVER KNOW OR UNDERSTAND
 
LOT767-300ER
Posts: 8526
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RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 10:49 am

Quoting Iowaman (Reply 38):
warning doesn't go on your record at all or effect your insurance does it?

No.

But dont quote me on it because its 4am, but I believe 2 warnings in Illinois in a certain amount of time can equal a tiquet de luxe.
 
AirCop
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RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 11:16 am

Quoting Itsjustme (Reply 37):
Waste of time. If I don't cite you, aside from detaining you long enough to see if you or your vehicle have any wants, you'll be back on your way as quickly as possible. Writing out a warning is a waste of my time and yours.

 crossfingers  Agreed 100%. If not going to cite, just give a verbal and get out of dodge..the more time sitting by the side of the road, the better chance of getting it.

Quoting ANCFlyer (Reply 40):
If someone is under arrest, and they are going into my ride, they are going into the magic bracelets . . . no ifs, ands, or buts . . . 18 or 80, male or female, fat or skinny . . . period.

 psst  This is a given. Although I did have one guy, driving drunk with no arms.
 
ANCFlyer
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RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 11:35 am

Quoting AirCop (Reply 42):
This is a given. Although I did have one guy, driving drunk with no arms.

 faint 

I'm not sure I wanna know . . . .
FOR THOSE THAT FOUGHT FOR IT, FREEDOM HAS A FLAVOR THE PROTECTED WILL NEVER KNOW OR UNDERSTAND
 
itsjustme
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RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 12:07 pm

Quoting AirCop (Reply 42):
Although I did have one guy, driving drunk with no arms.

So the 2nd Amendment wouldn't apply to him, then.
 
N766UA
Posts: 7843
Joined: Thu Jul 29, 1999 3:50 am

RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 12:15 pm

Quoting Itsjustme (Reply 44):
So the 2nd Amendment wouldn't apply to him, then.

Well, he would still have the right... just not the ability.  silly 
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itsjustme
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RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 12:24 pm

Quoting Iowaman (Reply 38):
By the way, a warning doesn't go on your record at all or effect your insurance does it?

On your driving record, no. But from the information you say was solicited for the "warning", it sounds like that department uses a traffic stop w/o a citation being issued as a way to get your info for their records. Some use this method as a way to build a database ("today a victim/witness....tomorrow a suspect"). I suppose there're pros and cons to that practice.

edited for spelling

[Edited 2006-07-04 05:34:59]
 
itsjustme
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RE: Question For Any Police Officers On Here...

Tue Jul 04, 2006 12:28 pm

Quoting N766UA (Reply 45):
Well, he would still have the right... just not the ability.

I've had more than a few arrestees fall into that category when advised of their right to remain silent.
 
BigOrange
Posts: 2291
Joined: Tue Apr 13, 2004 2:20 am

RE: Question For Any Police Officers On Here...

Thu Jul 06, 2006 2:39 am

Quoting AirCop (Reply 11):
The officer should be standing in a safe area (well at least as safe as possible) next to the vehicles and write the paperwork there. In my humble opinion the only time an officer should write a citiation in the vehicle is in bad weather, like when its -60 windchill in Michigan.

I've never seen cops in NJ write a ticket at the side of the car. They all take your license, insurance, registration back to their car and write the ticket there, then walk back to your car and hand you the ticket.
 
Pope
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RE: Question For Any Police Officers On Here...

Thu Jul 06, 2006 3:20 am

Quoting Itsjustme (Reply 37):
As ANC mentioned, detainment does not necessitate mirandizing the subject.



Quoting ANCFlyer (Reply 40):
I doubt that . . . check again . . . I know of no ruling SCotUS ever made that said if a subject is under arrest you cannot cuff them. If such a ruling exists, I'm confident every law enforcement officer in the nation would be up in arms over it . . .

I think we're arguing two different things. My position is that my understanding of Miranda is that any custodial interrogation requires Miranda warnings. That's why I was focusing (mistakenly) on the notion that the speeder was placed in the back seat of a police cruiser and could not get out.

I am not arguing that custody without interrogation requires Miranda.

Therefore, I concede that an officer can arrest you, put you in the back of his car, hall you back to the police station and sit you in a cell without ever reading you Miranda and as long a probable cause for the arrest existed, there has been no constitutional violation.

But absent one of the exceptions to Miranda, if they question you while you are in custody, then Miranda applies whether or not you have hand cuffs on during the questioning.
Hypocrisy. It's the new black for liberals.

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