Getting pulled over and questioned

[Iffy]

So, he then had 'probable cause' to rummage through my car...

IF ya gave permission for him to search your vehicle, you're da cause of da rummaging!

If he claimed probable cause, you request (first), then demand (second) a search warrant!

'They' (as in Napoleonic LEO personalities) will try to brow beat you with BS. Know your rights... too many have died to protect those rights for anyone to 'surrender' 'em!!!!

Just a lil' hint that may work in your favor... politely request to speak with the LEO's supervisor. It exposes the LEO's lack of knowledge and can highlight their ignorance/arrogance, which is an ego blaster for 'em (not counting da positive educational aspect)!

BTW, I respect LEOs and have no issues with da non-Napoleonic personalities! They all have a tuff job.

 

[cags]

Kinda funny in a way . I saw on a local news channel that as far as i can remember a prison or county jail is making money selling e-cigs to prisoners / inmates . Here in Tennessee , smoking is banned completely in all state prisons and county jails .

I saw that on the news about a week ago , wish i remembered more info about it .

Donnie
Knoxville, TN USA

I'm pretty sure the jail doing that is in TN, but i can't remember where exactly

 

[degnr8]

IF

If he claimed probable cause, you request (first), then demand (second) a search warrant!

The whole point to probable cause is that if they invoke it, they don't need a warrant. A power hungry cop can make almost anything ito probable cause.

Been pulled over twice now with a PV only the most recent was because of the PV (my new vmod xl) both times I explained what it was and showed them how it worked and had no problems. The cop from yesterday wants a vmod now

 

[Alyssasmama]

WOW! I'm sorry u guys had to go thru those awful experiences. I have not been pulled over yet *knock on wood* and I blow huge clouds with my rda...better look out for the po-po's

 

[InTheShade]

I have to go through a Border Patrol checkpoint every day on my way home from work. I'm kind of used to them asking what it is, what it does and then shouting over a buddy so I can vape it for them like I'm some kind of circus vaping animal. I just smile, nod, vape, educate.

Sucks that the PO didn't know what it was, but to be fair, some people are using devices that look like the APVs we use, for other things - so in my eyes, it's understandable why we vapers are getting pulled over.

No-one likes getting stopped, especially if they treat us like we committed a crime before they even know what we are doing - but all we can do is remain polite and educate.

 

[Butters78]

 

[BlueMoods]

Never had a problem here but, then, 3 years ago, not long after I took to vaping, I turned my cousin in law - the county sheriff on to vaping and, he took it up, He has since converted several sheriffs and a few city police too so, PVs are in the offices and, in the squad cars here as likely as not.

All three times I have hit the sobriety/seat belt check the officer doing the check has asked if he could try my Provari - yes they know one by name on sight here. M, the cousin in law had an SVD, and one city cop I know had a Spinner - I've seen him vaping it a few times around town. The rest I've see vaping have egos with varios deliveries on them - that's what the local vape shop sells the cheapest so that's expected here.

Maybe a couple of the local cops here should ask the hot shots out west if they would pay them to go giv the officers there a class on vaping.

 

[MwSlim]

My brother is a cop that carries an ego twist visible in his vest pocket


Sent from my iPad using Tapatalk 2

 

[Cactus Breath]

If he claimed probable cause, you request (first), then demand (second) a search warrant!

If we're going to try to educate people, might as well do it with actual facts. A probable cause search is a "warrantless search" - no warrant needed. A few other searches in which no warrant is needed are:

1) Plain sight
2) Consent
3) Exigent circumstances
4) Post-arrest

If one is going to play sidewalk lawyer, it would be a good idea to do a lot of studying and make sure you're on firm legal ground before you start throwing your weight around and "demanding" things. It could be the difference between a favorable or very unfavorable outcome.

 

[Iffy]

The whole point to probable cause is that if they invoke it, they don't need a warrant. A power hungry cop can make almost anything ito probable cause.

Then da azzhat and department are subject to legal retribution! Ergo, my 'supervisor' suggestion. Besides, the almost ever present dash cam can work both ways.

BTW, 99+% of da time, if anyone is 'scared' by an LEO encounter, you're either doing sumpin' wrong or he/she is!!!

 

[MSTR VPNG]

If the officer asks (and by law they HAVE to ask) and the OP gave the green light.. at that point it is not illegal..

Now.. the OP is saying the officer proceeded to rummage through their car.. if the cop didn't ask.. yeah.. illegal.. sooo which is it OP?

I know my civil rights, but arguing and resisting would have further escalated the situation. He did ask, and made it clear that it was a nicety at best, and if I didn't respond the way he liked there would be hell to pay. Sure, the cop can't go through my stuf without first addressing that he is doing so, but he can arrest me on suspicion - Charges wouldn't stick, but it would sure ruin the rest of my day.

 

[rico942]

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 ...

While picking up some Italian food last week at a take-out place, I noticed that 4 local cops were glaring at me through my windshield from maybe 20 feet away at a patio table. I had my eGo in my hand taking a last vape before stepping out ...

They huddled at the table, and at least one of them must have read a newspaper or watched TV in the past year, and explained to his cohorts that it wouldn't hurt them ...

It must be tough to live in fear every day, and to see crime and wrongdoing in every stranger. The cops I remember from my youth were almost all WWII vets. I don't think anything could scare them ...

 

[skyztheLynnit]

I know my civil rights, but arguing and resisting would have further escalated the situation. He did ask, and made it clear that it was a nicety at best, and if I didn't respond the way he liked there would be hell to pay. Sure, the cop can't go through my stuf without first addressing that he is doing so, but he can arrest me on suspicion - Charges wouldn't stick, but it would sure ruin the rest of my day.

Yup.. call me a chicken .. but if an officer wants to search my car.. he can have at it.. I've got nothing to hide.

 

[BigBen2k]

Is there paperwork that we could carry, that would alleviate such an encounter?

Some kind of info card, or a CASAA membership card? (end shameless plug )

 

[MSTR VPNG]

Yup.. call me a chicken .. but if an officer wants to search my car.. he can have at it.. I've got nothing to hide.

Totally agree - I really don't much care for the power that they carry and if they wanted to, they could fine me for a half dozen parts in my car that are less than legal. Or really, anything he feels like if he really wanted.

Is there paperwork that we could carry, that would alleviate such an encounter?

Some kind of info card, or a CASAA membership card? (end shameless plug )

Totally agree!

 

[Train2]

I remember once being asked by my Dad to deliver a sample to a customer for him, as it was from/to places I'd be driving.
He was an engineer dealing in specialty plastics that melt at specific temperatures.
So I end up being looked over by an officer VERY carefully, as I tried to determine if I was parking illegally in front of the big dowtown customer's building - with a gigantic plastic bag full of white powder sitting on the passenger seat of my roofless MGB.
That would be "probably cause" - plain sight, LOL.
I was like "hey, at least it didn't blow all over the freeway! Hahaha. It's ground up plastic, want some?"

 

[jmkiang]

Happened to me with a Protank/eGo Twist 1000.

Officer said it "didn't look right" but after I explained it to him, he let me go.

15 seconds later, I was back on the road enjoying my vape!

 

[Iffy]

If one is going to play sidewalk lawyer, it would be a good idea to do a lot of studying and make sure you're on firm legal ground before you start throwing your weight around and "demanding" things. It could be the difference between a favorable or very unfavorable outcome.

Favorable vs. unfavorable? Therein lies the issue! PC is only valid for a stop and temporary detainment. I'll put my sidewalk lawyer knowledge up against your cower and weep attitude every day of my life.

Ya might want to reread my post and question your local LE as to your rights. For sure you can't tell me that your in LE, or even in the legal system.

Most folk agree to a search so as to prevent what the OP was afraid of. That's exactly what empowers some LEOs to toss their donuts around!

As I said before, I admire and respect LEOs that have no personal issues that involve me and mine. But, NO ONE needs to be antagonized if they are doing NOTHING illegal!

ETA: Ya work for da NSA?

 

[BigBen2k]

I just ordered a pack of 50 info cards, from CASAA.org . $1.75, no shipping, payed with Paypal (they take Visa, Master, and Amex too).

I'm so glad we discussed this.

 

[Cactus Breath]

Favorable vs. unfavorable? Therein lies the issue! PC is only valid for a stop and temporary detainment. I'll put my sidewalk lawyer knowledge up against your cower and weep attitude every day of my life.

Methinks you're confusing "probable cause" with "reasonable suspicion"...which points right back to what I said about making sure you're studied up and on firm legal ground before playing sidewalk lawyer.

As for me - thanks for the advice, but I'm pretty well-versed on my rights, as well as search and seizure laws (both statutory and case law).