pulled over for vaping

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radicaljd

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I say if you get stopped refer them to radicaljd being our attorney :) lol

Nowadays, I do criminal law pretty much for amusement. My bread and butter is family law. Plenty of fees in divorces and child custody cases...

A few months ago, I was briefly detained at one of those Border Patrol checkpoints about 30 miles from the border. They wanted to look in my trunk. When I refused, about 6 Border Patrol officers made a semi-circle around my car, and the head guy started saying, "If you refuse, that gives us cause to search! We can bring the dogs!, etc. etc., blah, blah blah"

I simply asked, "Am I being detained?" The officer said, "Well, no, but..." I then immediately got in my car a drove away, leaving the bunch of officers standing with their jaws dropped.

RadicalJD
 

HeatherC

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Nowadays, I do criminal law pretty much for amusement. My bread and butter is family law. Plenty of fees in divorces and child custody cases...

A few months ago, I was briefly detained at one of those Border Patrol checkpoints about 30 miles from the border. They wanted to look in my trunk. When I refused, about 6 Border Patrol officers made a semi-circle around my car, and the head guy started saying, "If you refuse, that gives us cause to search! We can bring the dogs!, etc. etc., blah, blah blah"

I simply asked, "Am I being detained?" The officer said, "Well, no, but..." I then immediately got in my car a drove away, leaving the bunch of officers standing with their jaws dropped.

RadicalJD

Maybe (if u were in NY) I could call u the next time we adopt from foster care. We adopted our son 5 yrs ago...and are still looking for another or two LOL
 

THE

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Something similar has been said of the fairer sex, albeit with different body parts.

It's just not true..
Okay, well, in SOME CASES... ..

But the most intelligent woman I know, who oddly enough happens to actually be in the police academy as we speak, is VERY well endowed.

I think it's just another stereotype and something less fortunate females say about them out of jealousy.
 

BiffRocko

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What probably happened was the officer stated his wish to search the car, and when OP said okay, it was a consent search. If you give consent to a search, no probable cause is required.

I was in a car accident a few years back. I was about to go to the hospital and said I wanted to get my backpack out of my car before leaving. The on scene officer would not let me get it. I yelled at his back as he bolted off to get it for me, "I do not consent to any search of my person or belongings." He searched it anyway and did find contraband.

Up to that point in the encounter, I had committed no crime, he had no probable cause, no warrant, and I had just denied him implied consent. The reason he gave in court for the search was "for officer safety because he didn't know me." (Keep in mind I was being completely cooperative, friendly, and was sitting on a gurney in the back of an ambulance.) In the end, it was ruled an illegal search and all charges were dropped.

The moral of the story is to always specifically say you do not consent to a search. This way you take away the possibility of implied consent.
 

radicaljd

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The reason he gave in court for the search was "for officer safety because he didn't know me." (Keep in mind I was being completely cooperative, friendly, and was sitting on a gurney in the back of an ambulance.) In the end, it was ruled an illegal search and all charges were dropped.

He could have called it an "inventory search," since most police forces have a policy of doing an inventory of cars that are impounded or otherwise left unattended in police possession. In those cases, police have a right to do an "inventory," and anything they find is fair game.

His justification "for officer's safety" was clearly improper, since that justifies only an external pat down for weapons.

RadicalJD
 

BiffRocko

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He could have called it an "inventory search," since most police forces have a policy of doing an inventory of cars that are impounded or otherwise left unattended in police possession.

The ADA tried that, but my lawyer argued that since it was being removed from the vehicle prior to it being transferred into police possession, it would not have been inventoried and was not subject to the inventory search.
 

frisco

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That is funny. Of course he was just doing his job. I'm sure it does look suspicious to people that hav'nt seen them before. I've been out of the loop for a long time but I imagine some of the drug paraphenilia is quite strange looking. I for one would want them to pull over someone on the off chance they were doing drugs.

Just trying to look at both sides.
 

THE

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That is funny. Of course he was just doing his job. I'm sure it does look suspicious to people that hav'nt seen them before. I've been out of the loop for a long time but I imagine some of the drug paraphenilia is quite strange looking. I for one would want them to pull over someone on the off chance they were doing drugs.

Just trying to look at both sides.


I definitely stay pretty neutral. Things are pretty black and white, to me.

I appreciate very much most police officers, and I think the ones who abuse their authority due to frigid wives and not being very well endowed just completely ruin it for the good 90+% of them.

I'm also strong strong proponent of American rights, for sure. I can not always appreciate and sometimes am ***lently opposed to the way in which these rights are or are not afforded to us.

I've been on the worst end of police encounters and the best. They've saved my ... and they've ruined my day.

As an aside, my favorite lady friend.. the one I would MARRY in a heartbeat.. is in the academy right now.. Doesn't have alot of time for me, and I miss her quite a bit .. but it sounds like incredibly good training!! It really does.

At first I didn't want her to do it, worried for her safety and know she could make many times the money doing just about anything else. But I realize that if I really care for her I won't think of standing in her way.

They sure do go through a-lot of good solid training.
I'm going to HAVE to get out my chair, put away a few less drinks and do a-lot more than I have been if I EVER want to keep up with her. That's for SURE. She's one of a very few people I believe to be more intelligent than I am.

She's just ahead of me in every way. Physically, mentally, financially, you name it. I LOVE someone who challenges me.

[/rambling]
 
I too had to explain my e-cig to a law enforcement officer but it was under a different circumstance.

Someone stole our mailbox!
I have a habit in carrying my pv everywhere.. so while I was explaining what happened I took a hit... and he looked at me like I had lost my mind.

He asked "What the Heck is that?"
as to my reply "it's a e-cig" :laugh:
Then explained the whole thing... he was very curious and stated that he had smoked for several years and so does his wife.. so I graciously gave him some business cards I had recieved from several suppliers and he left happy..

I never thought about being stopped while vaping while driving tho.. that is a new one to me.. :?:
 
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