Getting pulled over and questioned

[Butters78]

I'm ignorant on the subject to be honest.

Do laws pertaining to the police differ from state to state considering searches etc?

 

[Iffy]

Methinks you're confusing "probable cause" with "reasonable suspicion"...

Definition of Reasonable Suspicion
- Reasonable suspicion means that any reasonable person would suspect that a crime was in the process of being committed, had been committed or was going to be committed very soon.

Legal Repercussions
- If a police officer has reasonable suspicion in a situation, he may frisk a suspect or detain the suspect briefly. Reasonable suspicion does not allow for searching a person or car, and is not enough for a search warrant or arrest.


Definition of Probable Cause
-Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed.

Legal Repercussions of Probable Cause
-Probable cause is enough for a search or arrest warrant. It is also enough for a police officer to make an arrest if he sees a crime being committed.

The Difference Between the Two
-Reasonable suspicion is a step before probable cause. At the point of reasonable suspicion, it appears that a crime may have been committed. The situation escalates to probable cause when it becomes obvious that a crime has most likely been committed.

Now... where were we?

 

[nomoe]

laws reguarding searching:
Fourth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
this pretty much covers the basics
the rest is mostly found in case law, have fun reading all that junk

If the officer really wants to do a search, they will get the local K9 then a warrant
Cactus pretty much has it right.

I for the life of me dont understand why people allow there personal belonging to be rifled threw, nor do i understand the need for people to awnser questions unrealted to the reason being stoped.

I live in texas, Ive been stoped, last time I had to explain that my proof of insurance was sitting under my handgun. He told me not to go digging for it he would just belive I had valid proof
For that I got a verbal warning, told to be safe and have a good day. I love Texas

 

[Cactus Breath]

I'm ignorant on the subject to be honest.

Do laws pertaining to the police differ from state to state considering searches etc?

Speaking in general terms, no; search and seizure laws all stem from, and relate directly to, the Fourth Amendment of the U.S. Constitution (the right to be secure against unreasonable searches and seizures). It's a very complex and wide-ranging topic and also very dynamic (changing often due to case law), but the basic provisions are the same nationwide. A small-town police officer in southern California is governed by the same framework as a state trooper in northern Maine, or anywhere in-between.

 

[Got-Ta-Go]

A policeman has no obligation or responsibility to ever be truthful to you; they can say anything that they want to in an effort to get you to allow a search.

There is nothing that you can ever gain from allowing your car, house or person to be searched. "Officer, I don't consent to a search" is what you say.

 

[Iffy]

For your dining and evening entertainment...

 

[Cactus Breath]

...Now... where were we?

Exactly where I referred to in my last reply. Your statement was:

...PC is only valid for a stop and temporary detainment...

Assuming you were using "PC" as the acronym for "Probable Cause", we can see from the body of your post above that what you were referring to was actually "Reasonable Suspicion". At the point of "Probable Cause" being developed, it is valid for a search and/or arrest...it's beyond the point of a "stop and temporary detainment".

 

[Radar2013]

Boy, howdy.

This afternoon would be the second time I've been pulled over and questioned about what I was "smoking".

The first experience, I was blowing sub-ohm clouds in my car with the windows slightly cracked. Granted, I deserved the hassled as my behavior could be seen as very suspicious. The cop (a Sacramento Sheriff) was incredibly polite after I explained what it was. Still curious, he went back to the car, called the shop I told with where acquired the device and had them confirm that it was in-fact not an illegal substance. He let me go, without so much a warning, and noted he appreciate the time I took to explain what it was.

Today, not so much.

The cop that pulled me over had jurisdiction over the small suburb outside of Sacramento where my office is and boy did he have an awful case of abuse-of-power. I was using a tank, with moderate resistance and was producing very little vapor (relative to a sub ohm mech). Despite me having a bottle of the e-liquid, he was convinced it was some illicit drug. So, he then had 'probable cause' to rummage through my car, and as expected, found nothing. So after calling it in, and thankfully, another cop shows up on the scene who knew what it was and kind of deescalated the entire situation.

So, there I sat, my taxes hard at work, watching two cops talk about what it was for 20 minutes.

Two times, zero tickets, and plenty of time wasted.

Anyone else have some less-than-fun experiences with local smokies?

I was Vaping at the Indiana State Fair on opening day. 2 State Police officers approached me, both smiling, and said that I was the 4th person they had seen that day with the same device. They asked what it was and I explained it to them and how it worked. Vaping as I did so. I opened my little carrying case which had a bottle of juice (with store name, address and phone number) and 2 already loaded Clearos (one I use as a sample to try and get other analog smokers to convert). I also had mouth caps with me just incase someone wanted to try it.

One of the officers who was a smoker said that he had heard of this but never seen a Vape up close. I asked if he wanted to try it. I took out my Sample clearo, put on the rubber mouth piece and showed him how to work it but I also told him to hit it gently the first time. After his first hit, he coughed and sputtered and laughed his ... of. He said "You did warn me didn't you". His partner busted a gut. By his 3rd hit he was fine. He was amazed at how well it tasted. He asked where I got mine and I told him...

As long as you explain the obvious to the unobvious they will eventually accept it.

 

[WarHawk-AVG]

Boy, howdy.

This afternoon would be the second time I've been pulled over and questioned about what I was "smoking".

The first experience, I was blowing sub-ohm clouds in my car with the windows slightly cracked. Granted, I deserved the hassled as my behavior could be seen as very suspicious. The cop (a Sacramento Sheriff) was incredibly polite after I explained what it was. Still curious, he went back to the car, called the shop I told with where acquired the device and had them confirm that it was in-fact not an illegal substance. He let me go, without so much a warning, and noted he appreciate the time I took to explain what it was.

Today, not so much.

The cop that pulled me over had jurisdiction over the small suburb outside of Sacramento where my office is and boy did he have an awful case of abuse-of-power. I was using a tank, with moderate resistance and was producing very little vapor (relative to a sub ohm mech). Despite me having a bottle of the e-liquid, he was convinced it was some illicit drug. So, he then had 'probable cause' to rummage through my car, and as expected, found nothing. So after calling it in, and thankfully, another cop shows up on the scene who knew what it was and kind of deescalated the entire situation.

So, there I sat, my taxes hard at work, watching two cops talk about what it was for 20 minutes.

Two times, zero tickets, and plenty of time wasted.

Anyone else have some less-than-fun experiences with local smokies?

Kalifornia...blue state

Need I say more

 

[ScandaLeX]

.....All three times I have hit the sobriety/seat belt check the officer doing the check has asked if he could try my Provari.....

I hope you said no but considering you said he's asked 3x's I'm guessing you didn't say no the first time.

Just the fact he asked I found disgusting. How does one go about putting their mouth on someone else's personal property?

Me being me would've told him to buy one since he knows what a ProVari is.


Sent from my SPH-L900 using Tapatalk 4

 

[MrsKite]

This is one of my favorite examples of the police stopping someone illegally... not a pv but still a perfectly legal piece of property
https://www.youtube.com/watch?v=RyJFD6BhQFY

 

[nomoe]

all add 1 more thing. it is never in your favor to be rude or resist an officers direct instuction.
you may be the rap but you wont beat the ride. be polite, be respectfull. neither of the two things require you to give up your rights. there is no need to awnser question such "were do you work", "were did you just come from" or "were are you going".
they all seem like simple questions, they really are not.

 

[Iffy]

Definition of Probable Cause

Legal Repercussions of Probable Cause
-Probable cause is enough for a search or arrest warrant.

At the point of "Probable Cause" being developed, it is valid for a search and/or arrest...

You have very selective reading regarding warrants ...

No warrant, no extended detention!

 

[belsenj]

I grew up in a nice free country, a time where everyone was friendly. Even the police officers. My dad was one as well and even went on to be a Chief. I respected them back then and I respected what they needed to do for the good of the people.

Now? I am just disgusted with what goes on in this country. I have lost my respect for the police now, and that a darn shame because I had a very good role model, and good role models that were friends of my dads who were also police.

We have lost so many of our freedoms in the name of "safety", which is bull. It has more to do with $ for the police as they have quotas for writing out tickets. This is clogging up our courts and our justice system as well, which costs us all.

We have to be so careful now in every aspect of our lives for fear of the authorities will get us.

If I was a little more assertive, if I got pulled over for my PV, I would give the officer a piece of my mind, but of course I won't because I would be afraid of him and the laws that are against me. Causing a disturbance would be against the law, don't you know...

We have all created this situation, so it is us who needs to change it.

 

[BlueMoods]

The one exception in the US is if you hold a CDL and, the officer is D.O.T certified and you are in a commercial vehicle (be that a semi or company owned car or, whatever.) That officer can pull you over, drug and alcohol test you, inspect the vehicle, check paper work and, in general pretty well look wherever he wants for no reason. You are a CDL licensed driver in a commercial vehicle and public safety comes before any individual rights you have outside of a commercial vehicle.

Sure you can try pulling the "get a warrant" card but, all that's going to do is get you detained and, a guaranteed ticket for something. Trust me, if a cop wants to write a ticket, he will find a reason, even if there isn't one. Too much oil on this or that, too little grease here or there, possible evidence of fuel leaking, this or that bit of paper out of date, not enough tread on a tire, brakes out of adjustment....

Even in a private vehicle, it gets a bit different if you have a CDL and, even more different if the cop is D.O.T certified. (most county and 99% of state troopers are.)

On the plus side, having that CDL is often enough to convince an officer there is no way you'd have anything illegal in or on you or, in your vehicle - doing so would cost you your job and, very likely your license too and, if you have a hazmat endorsement, that's all most cops need to see - you have to go through a full background check every time you renew that endorsement.

That's one reason I don't worry about vaping and driving - I I have that CDL, with hazmat. Of course probably makes me more relaxed when I do get pulled over - no big deal, just routine, the officer is doing his job and, I'm doing mine. He might be a bit of a hot head, or have rookie fever a bit, but still patience and courtesy form me will get us both through the stop and me back on the road as soon as possible.

 

[Cactus Breath]

You have very selective reading regarding warrants ...

No warrant, no extended detention!

Research "warrantless search" and "warrantless arrest". HTH.

For the benefit of everybody else reading this thread - there are certain specific, codified circumstances in which a search or arrest may be executed without a search or arrest warrant.

 

[spartanstew]

Is every device a cop is unable to identify designated as "drug paraphernalia" by default ?

I carry some exotic looking metal enclosures in my car occasionally, concept prototypes from my work. Why would any reasonable person jump to the conclusion that an unfamiliar metallic object was illegal or dangerous, without any investigation ? At least give the benefit of the doubt ...

You don't think there's a difference between an unfamiliar metal object and an unfamiliar metal object that someone is smoking* out of?




*vaping

 

[retic1959]

I grew up in a nice free country, a time where everyone was friendly. Even the police officers. My dad was one as well and even went on to be a Chief. I respected them back then and I respected what they needed to do for the good of the people. Now? I am just disgusted with what goes on in this country. I have lost my respect for the police now, and that a darn shame because I had a very good role model, and good role models that were friends of my dads who were also police. We have lost so many of our freedoms in the name of "safety", which is bull. It has more to do with $ for the police as they have quotas for writing out tickets. This is clogging up our courts and our justice system as well, which costs us all. We have to be so careful now in every aspect of our lives for fear of the authorities will get us. If I was a little more assertive, if I got pulled over for my PV, I would give the officer a piece of my mind, but of course I won't because I would be afraid of him and the laws that are against me. Causing a disturbance would be against the law, don't you know... We have all created this situation, so it is us who needs to change it.

Amen to that !

 

[Penn]

I got bored part way through reading this so pardon me if this was covered.

I assume you are outside of the car at some point before a search. If you lock the doors, refuse to turn over your keys and tell this officer you do not consent util he gets the opinion of a superior they are now in a situation where they have to call in back up. Usually this means a supervisor will soon be on scene. Usually a supervisor has enough experience to realize there is no probable cause even if they never saw an e-cig.

Due to claims on this forum (and no, that isn't saying I don't believe them) I have now asked 3 officers what they would have done if I was vaping while driving. Not one of the 3 had ever seen an ego but all 3 said the only way they would have stopped me is if I was being suspicious such as trying to hide what I was doing.

I took a drag off of my e-cig while at a red light next to a sheriff in a county here in GA renowned for overbearing officers. I didn't do this to taunt, I just didn't think of what I did until later. I wasn't pulled over.

But yet I got pulled over in Decatur after slowing down and looking at the CDC when I first moved to GA. That was a strange experience. The cop didn't even take my license back to the car to run my ID.

 

[nicetucu]

It's on my mind every time I get into my car. When I see the police I usually just throw my mod into the cup holder and just wait a minute or two. Part of me wants to see what happens, but don't want to waste my time on explaining something they should already know.

And also what if I had a dead ...... in the trunk? Ha Ha ... no really.