[quote]angry chicken wrote:
[quote]Brett620 wrote:
I’m a cop in a major metro city. There are no “quotas” in my department for tickets. There “might” with some supervisors for traffic stops, since we are HUGE on the actual stops, but not for tickets. That’s UNLESS you work traffic or motors, then TICKETS are actually considered work product and you are rated on “productivity” (since you don’t answer calls, etc.).
We are big on stops, to stop the driver and to address the lawful traffic violation. We use it as a pre-text to look for further criminality. We basically are more concerned with cars with guns, dope, warrants, stolen shit etc. than we are writing you a ticket for your broken tail-light. First you would have to traffic violation. Then you may then develop reasonable suspicion based on you conversation with the driver/occupants and a variety of other factors (criminal history, high crime area, etc.) MAY lead you to go beyond the stop and further investigate the driver/occupants. But I ALWAYS based that on something I could articulate… never just something like race/age etc. Good way to get sued.
That’s my take. I’m in investigations now, but I think I have signed 3 tickets in the last 2 years and those were for DUIs I think…[/quote]
But where is your probable cause, supported by oath or affirmation particularly describing a place (vehicle) or specific person or thing, based on a random traffic stop?
Here’s the 4th ammendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
How are you authorized to do anything other than pull them over, cite them for speeding/broken tail light, and let them go on their way based on that?
Now if someone came in and swore under oath that they saw Jimmy T. Hoodrat putting a gun under the seat of hie blue 97 Honda Civic, then by all means, get a warrent and search that fucker’s car. But absent that, how is any other pretense for a warrentless search in any way shape or form Constitutional?[/quote]
Huh? Where did I mention “Probable Cause”??
You do know the difference, maybe you meant reasonable suspicion?
Because… I have I am vehicle stopped, and I have PC, I am already writing you a citation (if it’s a misdemeanor) OR I am putting handcuffs on you and taking you to booking, because you are under “arrest”. There is a HUGE legal difference between R/S and P/C. Probable Cause is the legal threshold for us to arrest someone. But police action typically begins at the RS level, but in traffic stops, it’s even less. THAT’S EXACTLY WHY DEPARTMENT (LIKE MINE) LOVE THEM AS A INVESTIGATIVE TOOL.
Now the courts have allowed us to legally “detain” the vehicle for as long as needed to conduct the traffic stop. Now I worked narcotics for a little bit, so I know all the “tricks” if needed (I don’t like working dope BTW). The courts don’t put a time limit on it, but I tell you… if you stop a car and get dope out of it… but you had to “hold” the car for 20 minutes waiting on K9, the court will throw it out. Why? Because the stop was an “unreasonable” detention of the driver.
Now, the driver might have had a TON of indicators. Might have been on parole, had a story that did add up, a car that wasn’t his, coming from a known dope area, denied us to search his person or car… so tells me, this looks “good”. So, I’m going to do what my city/department/unit pay me to do: go beyond the stop and use our tool to get drugs and guns off the streets.
So I call for a dog. Or legally, a “free-air sniff”. BUT the guy is still stopped for a TRAFFIC INFRACTION ONLY. I have RS BUT NO PC! See, that’s how it works. If he does not give me consent, I have nothing at this point. He might be sitting on a zip of powder and have a Glock under the seat. Now if out dogs are all ties up bites bad guys, then I have to write me a ticket and let him go, or wait.
You have to develop PC through RS… you can’t just jump to get there. Now, I did stop and frisk stop when I worked in the projects… for weapons, but with cars, I never randomly searched them. Why? I wouldn’t want the complaints or the hassle. I would rather be selective.
Now I’m sure dirty cops do this. Just like dirty apples in EVERY profession exist. The bad thing is cops are in a highly unique position with public trust where that one bad apple gets so much media exposure, the damage .001 % can cause to the rest of us is tremendous.
But I do agree, they are out there. And I want them out just as much as you guys. Hell, more so.
