Filming traffic stops

[Shug]

I'm trying to figure out what is the reason behind all these people refusing to comply with police officers and filming it. There is countless videos on the interweb where people refuse to do what the officer asks and claim that it's against their constitutional rights to be asked for ID or be detained unless they were under arrest. Especially with the border patrol. What do they get out of it?

[Patton]

They like drama, I bet many of them have had affairs and "accidentally" ran into their spouse while on a date.
No seriously, they feel violated and they are not as smart as they think they are. What is even crazier is watching these officers who actually do have a right to demand ID beat around the bush. They have reasonable suspicion or probable cause to do an investigative detention is all they need to say. An old court case Hiibel v 6th judicial circuit of Nevada determined that police have the right to demand ID when they have reasonable suspicion. It is questionable during these ID checks and DUI checks though, being the destructive nature of DUI offenders so far DUI checks have stood, it may get more interesting in the future though. Edited August 29, 2013 by Patton

[TMF]

Because not getting laid for years at a time make people do stupid things.

[TripleDigitRide]

I think it has a lot to do with the fact that more and more people are beginning to think our government has become too big for their britches. Unfortunately for law enforcement, they are on the front lines and easiest to access. The fact that "bad cop" stories are almost as common as local weather reports don't help matters, either. Edited August 29, 2013 by TripleDigitRide

[10-Ring]

I think it is a good idea to film your traffic stop.  There are cops out there everyday violating peoples rights and they need to be held accountable.  It's happened to me in the form of illegal searches, the cops know that they can get away with it because if they don't find anything the victim has suffered no damages, if they find something a rogue cop can change a few details so that the evidence will be admissible.  I think if everyone filmed traffic stops it would help keep the cops honest.  When it's your word against a cops in a court room the cop will win 100% of the time.  If a cop is doing what he is supposed to then he has no reason to worry about being filmed.  I know they have a hard job and they are underpaid and all but that doesn't mean that they can go around doing whatever they want.  

[Shug]

What I'm saying 10-Ring is by the videos the LEO's are only doing their job. Asking for ID and a few simple questions. And the people make a huge deal of it. Yelling about their rights.

Edited August 29, 2013 by Shug

[sigmtnman]

Do you have zee papers?

[tnguy]

Border patrol (100 miles inland) and DUI checkpoints are arguably unconstitutional. Whether the cop is "just doing their job" is besides the point.

[Patton]

In the video of the idiot kid from Rutherford county I strongly sided with the the deputy. It was a DUI checkpoint and I would have had every suspicion in the world that something wasn't right. If you have stopped a DUI, not rolling the window down all the way is something they try. If I remember correctly, in TN, only the THP can do ID check points. I am assuming this is because they(there parent agency) are the issuing authority for DL.

Some of these Immigration and Custom Enforcement ID check points in border states I don't know why they are so hesitant bout showing ID and cooperating.

[Patton]

Border patrol (100 miles inland) and DUI checkpoints are arguably unconstitutional. Whether the cop is "just doing their job" is besides the point.

The final word, Michigan v Sitz, on DUI checkpoints is that as long as public safety is the goal and the legal guidelines are met they are constitutional.

[Shug]

I have no problem with the Border patrol or D.U.I checkpoints. I was raised up to respect LEO's I've even worked as a LEO. I just can't see why someone wants to run around with cameras all over their car trying to get pulled over. I don't want to attract attention to myself.

[tnguy]

The final word, Michigan v Sitz, on DUI checkpoints is that as long as public safety is the goal and the legal guidelines are met they are constitutional.

 

Not like the SC hasn't been wrong before.

 

I just checked and that decision went 6-3 so it's not like it was unanimous.

 

 

Dissenting justices argued that the Constitution doesn’t provide exceptions. "That stopping every car might make it easier to prevent drunken driving...is an insufficient justification for abandoning the requirement of individualized suspicion", dissenting Justice Brennan insisted.

Chief Justice Rehnquist argued that an exception was justified because sobriety roadblocks were effective and necessary. On the other hand, dissenting Justice Stevens countered that "the findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals, indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative."

Edited August 29, 2013 by tnguy

[10-Ring]

What I'm saying 10-Ring is by the videos the LEO's are only doing their job. Asking for ID and a few simple questions. And the people make a huge deal of it. Yelling about their rights.

I see it from both sides.  I've been asked numerous times "where are you going?" or "where have you been?"  That question annoys me, it's none of a police officers business where I'm going or where I have been.  I pay taxes to use the roads and I'm free to use them when I want without being harassed.  On the same token I have no issues with sobriety check points or even being asked for my ID.  I'm fine cooperating with things like that.  If I want to go on a fishing expedition I'll contact an outfitter.  

[tnguy]

Cops are supposed to be public servants. If I haven't done anything wrong and there aren't extenuating circumstances (like I match the description of someone who has done something wrong), I should not be forced into interaction with the police *at all* and I find it offensive to my sense of liberty when I am. (Triply so for paramilitary outfits like border patrol)

Edited August 29, 2013 by tnguy

[Dustbuster]

You tube views,soiled underwear, Fulfillment of entitlement issues,a chance to play lawyer with the cops. A chance to argue with a judge, and last but not least the chance to play with fire if they pick the wrong time and place to play ACLU expert. Edited August 30, 2013 by Dustbuster

[10-Ring]

You tube views,soiled underwear, Fulfillment of entitlement issues,a chance to play lawyer with the cops. A chance to argue with a judge, and last but not least the chance to play with fire if they pick the wrong time and place to play ACLU expert.

 

Very good post, even if you wind up being right how much time and money are you willing to spend to prove your stupid point?  I have better things to do than give my hard earned money to a lawyer and spend my time in a courthouse.  I also think that playing lawyer is a foolish thing to do unless you are 100% sure you are in the right, and I'm not talking you are 100% sure that what you are saying is what you read on the internet somewhere.  (I think that is what the OP is targeting in this thread.)  That said I'm pretty sure about the extent of at least some of my rights.  No cop is doing anything like searching my car without a warrant, not because I have anything to hide but because I have yet to find a cop who is willing to put my car back together like they found it before they tore it up and dumped the contents of the glove box and center console into the floorboard. 

[TMF]

I'm pretty sure that I have the right to tell a cop that I had consensual sex with his wife while he was on shift the day prior in which I did some especially degrading acts to her. I'm also pretty sure that cop would knock me out, although he would be legally wrong for doing so. Even though I would be well within my rights to do what I did, and he would not be within his rights to do what he did, what would be the point of intentionally initiating a confrontation with him in the hopes he would violate my rights?

[DaveS]

I think it is a good idea to film your traffic stop.  There are cops out there everyday violating peoples rights and they need to be held accountable.  It's happened to me in the form of illegal searches, the cops know that they can get away with it because if they don't find anything the victim has suffered no damages, if they find something a rogue cop can change a few details so that the evidence will be admissible.  I think if everyone filmed traffic stops it would help keep the cops honest.  When it's your word against a cops in a court room the cop will win 100% of the time.  If a cop is doing what he is supposed to then he has no reason to worry about being filmed.  I know they have a hard job and they are underpaid and all but that doesn't mean that they can go around doing whatever they want.  

Sir;  holds true that a cop doing what he needs to do in the line of duty is going to infringe on your rights. How about the number of people who interfere with the cop doing his/her job? Has that ever crossed your mind?  If you were victimized by illegal searches, what was the outcome of your complaint to the city/county? Every body is a victim of bad cops. Nobody is a victim of a good cop, and nobody is guility of anything, because all cops are rotten....right?

 

Please tell us your complete story....

 

DaveS

Crack'a American

[RED333]

Give more than you get.

You will get more than you need.

This is true for the good and bad you do.

 

It works on both sides of the car door.

[DaveS]

So I must ask....Am I to assume here, that nobody here absolutely does anything wrong to get stopped by LE? That you get stopped for no reason? LE is always violating your rights? :poop:

 

DaveS

Crack'a American

[Patton]

Border patrol (100 miles inland) and DUI checkpoints are arguably unconstitutional. Whether the cop is "just doing their job" is besides the point.

There are over a dozen appellate court decisions concerning DUI checkpoints, not a single one has declared a DUI checkpoint unconstitutional. Some may have violated a state law and many may have had a single action suppressed in the courts, but DUI checkpoints as a whole not a violation of constitutional rights.

[101]

So I must ask....Am I to assume here, that nobody here absolutely does anything wrong to get stopped by LE? That you get stopped for no reason? LE is always violating your rights? :poop:
 
DaveS
Crack'a American

The argument is not a true, honest stop when someone did something wrong. The point is the blind "checkpoint" in the middle of nowhere when you were not doing anything wrong and you are forced to stop against your will just so a "LE" can ask you questions. The initial stopping of citizen is unconstitutional in every sense of the word. They have no, none, zero reasonable suspicion or can neither articulate the specific crime that was committed for stopping the citizen. Therefore, the "papers please" stopping of citizen is illegal. Why would anyone want to cooperate with an unjust stop? I would not. I would be polite but I would not comply. Compliance means acceptance.

DaveS is sure to chime in about how his job is so hard and we should all just kiss his boot and answer the questions just to make sure he can go home safe and he won't shoot my dog. ;)

[DaveS]

DaveS is sure to chime in about how his job is so hard and we should all just kiss his boot and answer the questions just to make sure he can go home safe and he won't shoot my dog. ;)

I'm retired, already safe at home, and I've never had to shoot anyone's dog. Thank you for being a concerned citizen. I was coming home from the store a couple weeks ago and got stopped by some deputies all wearing tactical gear. They were stopping all cars going down that road. When it was our turn the deputies (one on each side of the car) walked to the windows with their m-16's and asked for our ID's. We showed them, they said we weren't who they were looking for. They told us to have a safe day and sent us on our way. We found out later that evening they were looking for a suspect that had committed a rape in the neighborhood. We didn't get bent out of shape, no reason too.

 

Again' thank you for your concerns. Your dog is safe...good day to ya!

 

DaveS

Crack'a American

[RED333]

My son went through one the other night, rolled the window down. He was asked where he was

coming from(I have told him not to lie) he told them from the fair. Even told the LEO about his carry and that

he had it on him. Leo never asked for ID. They talked about what each of them were carrying.

My son asked the LEO what was going on, he was told by the LEO they were looking for DUIs, my son said "well ya aint looking at one now."

LEO laughed and sent him on his way.

If a DUI check point gets DUIs off the road, well I can live with that.

 

DONT START NONE AND THERE WONT BE NONE.

[tnguy]

There are over a dozen appellate court decisions concerning DUI checkpoints, not a single one has declared a DUI checkpoint unconstitutional. Some may have violated a state law and many may have had a single action suppressed in the courts, but DUI checkpoints as a whole not a violation of constitutional rights.

 

I'm standing with the 1/3 of the supreme court that disagrees.