Niece pulled over in MD

Well, I found out she was pulled over for speeding but was smoking while driving and this resulted in the search and citation by a Cockysville Cop. In fairness to Cockysville's finest, it may be he helped her avoid traffic court and the dent in her driving record by sending her off to juvy smoking rehab....
 
In fairness to Cockysville's finest, it may be he helped her avoid traffic court and the dent in her driving record by sending her off to juvy smoking rehab....

Actually, if you really want to be fair to the police,

1. She was pulled over for violating a traffic law. This, by the way, did not violate the United States Constitution.

2. She was cited for underage possession of tobacco which, apparently, constitutes a violation of a State or Municipal statute.

Did she give the police permission to search? Even if she didn't, the police probably had the right to search the interior of the car for additional contraband (tobacco).

Don't like the law prohibiting the possession of tobacco by minors? Well, don't blame the police, who appear to have simply enforced the law. Blame the legislature (which enacted the law).

Then again, you could still hire a lawyer, and sue everyone (especially that horrible police officer). :p

I hope that things work out O.K. for your Niece. But I just can't see blaming the police for enforcing the law. Personally, I'd just tell her to avoid driving there while she is speeding and/or smoking. :)
 
My guess is she was pulled over for "Driving While Stupid"!! Not much she could be doing that'd be stupider than smoking a cancer stick.
 
Here in Indiana, Warrick Co., If the officer believes you to be under 18 years of age, he can pull you over and ticket you for smoking. Just started this law about 5 years ago.
 
From everything I've seen, if a cop decides they want to pull a car over they can find a reason. They can ALWAYS manufacture something. I didn't see your seat belt, thought I saw a light out, look a little young to be out this late, etc, etc.
 
Actually, if you really want to be fair to the police,

1. She was pulled over for violating a traffic law. This, by the way, did not violate the United States Constitution.

2. She was cited for underage possession of tobacco which, apparently, constitutes a violation of a State or Municipal statute.

Did she give the police permission to search? Even if she didn't, the police probably had the right to search the interior of the car for additional contraband (tobacco).

Don't like the law prohibiting the possession of tobacco by minors? Well, don't blame the police, who appear to have simply enforced the law. Blame the legislature (which enacted the law).

Then again, you could still hire a lawyer, and sue everyone (especially that horrible police officer).

I hope that things work out O.K. for your Niece. But I just can't see blaming the police for enforcing the law. Personally, I'd just tell her to avoid driving there while she is speeding and/or smoking.

I could not have summed it up better myself.
 
Actually I think the truth lies near Cowman. I was told first it was smoking... now I hear uh, uhm speeding too. Didn't mean to yank the Forum. This thread contains good advice.
 
I get pulled over a lot, maybe I just look like I'm up to something. I got pulled over this afternoon for "Taking to many lanes on a right on red". Apparently you are only supposed to take the first one if safe to do so. Never heard that and done it tons of times near cops. Cop askes me if I had been drinking and I said "I've got a bottle of Scotch in the trunk but I haven't been able to get home to it :) " I told him it had never been opened. He checked and said he thought I was joking. I told him I was really ignorant of this rule and maybe he could just let me off. He told me since his computer says I hadn't had a ticket in a few years that there was no reason to change that and to be more careful. I've found if you try to be upbeat with cops and you didn't do anything REALLY bad they will let you off.

Alot of traffic stops are fishing expeditions. I got pulled over a number of years ago with a tail light out (two bulbs in the light fixture one out!) and got grilled for having a loaded gun in a gymbag in my trunk (that is legal in this state). I let him rant for a while and then asked him if I could please leave since I had not broken any laws. I told him if my taillight had been fully burnt out maybe but this was rediculous. A few seconds before I had been sitting on the curb talking loudly into a cell phone giving my location and name of the officer to a friend of mine and asked him to get me some help!

Moral of the story and this thread DON'T GIVE THEM A REASON!
 
Pulled over for speeding. Cited for smoking. Looks like she got a deal. Does not have to explain (pay) anything to the insurance companies, just go to a class. I think she caught a break.
 
Really? This means a cop outright lied to me when I was younger. Man I have not had good experiences with police at all.
The police have no obligation to tell you the truth. Not legally required.

Memo to self: Regret downfall of civilization, when people think that the fact that police currently cannot be criminally prosecuted for failing to tell the truth means the same thing as, "The police have no obligation to tell you the truth".

It's a good thing moral obligations don't exist for employees of the government anymore.

Dex
firedevil_smiley.gif
 
Only you are required to tell the truth in any interview with police (ask Martha Stewart -- she wasn't even under oath). The police can lie to you with impunity and it is just fine.

The police will say or do whatever they feel necessary to get you to say or do what they want you to say or do.
 
Pulled over for speeding. Cited for smoking. Looks like she got a deal. Does not have to explain (pay) anything to the insurance companies, just go to a class. I think she caught a break.

Yup...and I think you'll find that the majority of the cops out there will try to give you the benefit of the doubt, ESPECIALLY if you show some amount of respect for their position. Heck, the last time I got stopped, I had almost hit a cop car (was distracted, and just didn't see him)...and he STILL didn't give me a ticket.

(Please note that this is coming from someone who has been accused of "cop-bashing", more than once, on this forum. People don't understand I only bash when its well deserved, and its directed at a small number of individuals, NOT LEOs in general)
 
Only you are required to tell the truth in any interview with police (ask Martha Stewart -- she wasn't even under oath). The police can lie to you with impunity and it is just fine.

The police will say or do whatever they feel necessary to get you to say or do what they want you to say or do.

Yes, any connection between the officer's statements and the truth is purely coincidential. The legal is rules say so.

Most cops don't lie about everything but a few do. Many cops lie whenever it seems advantageous. Some never lie. The problem is that you can't tell who's who without a scorecard. So, ... civilians have to distrust all police officers.

We didn't create the situation, the police did. They have to live with it.

Never speak to a police officer about a possible offense without recording the conversation (Martha went down because an FBI agent testified that HE remembered their oral conversation differently than she did). Get a voicemail system (usually from the phone company) that has no limit on messages. Call your voicemail and hold the phone between you and the officer as he asks questions and you answer. If he won't allow this. Hand him your DL, registration and insurance card and just SHUT UP. That's all the information to which he's entitled.

I've never had a client go to prison (the stationhouse on occasion) because of something they DID NOT SAY. As Smokey the Bear would put it: "Only you can keep your mouth shut."
 
An old partner and I stopped some 12 year olds while they were walking down the sidewalk smoking. Turned out to be those candy cigs that blew a puff of smoke (candy dust). Never gave a damn about cigs since then...real or otherwise...:cool: Moral of the story here (if there is one): if you are 17 and you just have to smoke, don't do it in front of the cops...
 
Never speak to a police officer about a possible offense without recording the conversation

My lawyer friends tell me to "never speak to a police officer AT ALL, beyond ID'ing yourself". Let your lawyer do it, if necessary.

For example, if you are pulled over for speeding or for any other reason, I am told to give the nice officer my DL, insurance, CHL, etc. Then CLAM UP! If the officer wants to question me (where are you coming from, where are you going, etc. etc), I have been advised to say "Officer, with respect, I believe that everything you need to know is on that Drivers License." Cooperate with the process (sign the ticket and so on), but volunteer NOTHING!

And, it goes without saying, to not consent to anything, including a search of the car.

Now that is what my lawyer friends tell me to do. Do I agree with them? Would I clam up like that in the future if stopped? I don't know for sure.
 
I thought your vehicle was considered an extension of your home as far as privacy goes. I could see being ticketed in public but your car, next they'll be looking through your front window.

kenny b
 
I thought your vehicle was considered an extension of your home as far as privacy goes.

FALSE. The insulated, elitist Justices of the US Supreme Court believe that you have NO "expection of privacy" in your automobile. No ordinary person believes their car is the same as an open field but these Justices do (I suppose their attitude comes with their armed drivers).

For the past 15 years or so it has been "open season" on automobiles.
 
This is kind of like when I had a cop pull me over the other day after seeing me put a dip in. He gives me the usual opening lines (liscense, reg., insurance) then says "Can I see whats in your lip there?" And I kindly (though possibly a little smartly) reply, only if there is a search warrant issued for my persons. He said "you do understand that I am an officer of the law right?" to which I replied "yes, and you do understand that I am a us citizen protected by the constitutional rights that you are payed to protect right?" and he gets a little steamed so I ask if there are any valid issues and he says "no, just didn't think you looked old enough to be driving". As he starts to walk off I grab a can of that jerky chew stuff that my little brother had left in my floor-board (he tries to get my dip so I buy it for him) and say "ooh officer, would you mind throwing this in the back for me?"...He got pretty pissed and just walked off...
 
If, upon being stopped, you simply roll the window down far enough to slide your license, registration, and proof of financial responsibility through, and roll the window back up after he takes it, you have fulfilled your entire responsibility as an arrested driver.

You have no more duty as an arrested driver to acknowledge his presence on this earth than he does to protect you from any crime. You do not have to answer any question he poses to you. You, in fact, do not have to look at him.

Now this does not relieve you from whatever this person, who has the power to harm you on several levels, may do to demonstrate to you that they can make an example of you for others who may attempt this. Abuse of power under color of authority is more common than some would think.

This person may decide to keep you for an inordinate length of time while writing the citation.

They may call other officers to the location to intimidate you.

They may call a K-9 car to the location to sniff you and your property which WILL result in a "hit" thereby requiring your further detention or impounding or confiscation of your property. [fact: The United States Treasury has stated that 92% of all currency in circulation is tainted with cocaine.]

They may decide that the original cause for the stop is not enough and start looking for other infractions for which to cite you. This can include safety inspections such as using a penny to see if your tires are within legal limits, dirty windows, etc.

So, yes, you can simply ignore them; but you can rest assured that they will not ignore you. You will become the entire focus of their day.
 
This could not have happened, we are not in a police state yet. Thats what people keep telling me.
Get real. If this were a police state, anyone making such comments would find themselves dragged off to jail and beaten.

There are plenty of things that are wrong with our country. But people who call it a police state really, really piss me off. Talk to some of my Russian emigre friends. They'll tell you what a police state is.
 
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