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March 9th, 2021, 10:12 AM
#21
Down here if you are walking down the side walk and a cop stops you and asks for identification you don't have to give it - asks where you are going or coming from - you don't have to tell him - lawyers will tell you the safe thing to do is say nothing because anything you say can be used against you in court - there is a case that is now in front of our Supreme Court - where a guy was driving near his home and a cop wanted to pull him over - the cop put on his lights but the guy drove into his driveway and into the garage and started to close the automatic door - the cop put his foot under the garage door and prevented from being shut - guy claims he didn't see the lights and cop had no right to enter his residence without a warrant - right now a cop can chase a guy into his house if the guy committed a felony but not for a misdemeanor like a traffic violation -
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March 9th, 2021 10:12 AM
# ADS
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March 9th, 2021, 10:33 AM
#22
Originally Posted by
JoePa
Down here if you are walking down the side walk and a cop stops you and asks for identification you don't have to give it - asks where you are going or coming from - you don't have to tell him - lawyers will tell you the safe thing to do is say nothing because anything you say can be used against you in court - there is a case that is now in front of our Supreme Court - where a guy was driving near his home and a cop wanted to pull him over - the cop put on his lights but the guy drove into his driveway and into the garage and started to close the automatic door - the cop put his foot under the garage door and prevented from being shut - guy claims he didn't see the lights and cop had no right to enter his residence without a warrant - right now a cop can chase a guy into his house if the guy committed a felony but not for a misdemeanor like a traffic violation -
I have verified with a friend who is a police officer that if a traffic offence is committed ON private property, they cannot do anything, as the highway traffic act does not apply to private property. Criminal offences can lead to charges on ANY property, private or public. Now, in my interpretation, if the cop indicates a violation occurred on the public road (prior to him entering his driveway), and provides sufficient proof, then the charge can be applied. However, I'm not certain as to the ins and outs of what happens when the person enters their private property. The police officer will likely need a warrant to enter, but I suspect that is not the only way they can deliver a ticket for the offence. The offence probably then would be treated like someone committing a traffic offence (like excessive speeding, or dangerous driving) that was caught on video.
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March 9th, 2021, 12:37 PM
#23
Originally Posted by
trimmer21
T When driving,Police may stop and require a driver to provide their license,registration and proof of insurance for even the most mundane excuse and have it upheld in court.
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Hi Trimmer-once i was stopped for "rolling stop"at a stop sign
Other then my name/insurance/licence /ownership-AND issuing the following ticket.the cop was very pushy about:
Where do i work(i was Ok with that, since i mentioned to him-i was thinking about the work ,so i may miss the full stop.The question ,while strange ,was fitting sort of)but then he was very pushy to tell him : where am I from?
When i tried to buy time and avoid to answer this question-he was like: I do not hear the answer!!!!!! So i reluctantly told him.(not that i am ashamed of my heritage)
What is the situation here...if You do not mind.Thanx
Last edited by gbk; March 9th, 2021 at 12:41 PM.
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March 9th, 2021, 12:47 PM
#24
Originally Posted by
MarkB
I have verified with a friend who is a police officer that if a traffic offence is committed ON private property, they cannot do anything, as the highway traffic act does not apply to private property. Criminal offences can lead to charges on ANY property, private or public. Now, in my interpretation, if the cop indicates a violation occurred on the public road (prior to him entering his driveway), and provides sufficient proof, then the charge can be applied. However, I'm not certain as to the ins and outs of what happens when the person enters their private property. The police officer will likely need a warrant to enter, but I suspect that is not the only way they can deliver a ticket for the offence. The offence probably then would be treated like someone committing a traffic offence (like excessive speeding, or dangerous driving) that was caught on video.
No warrant required....
“If you’re not a Liberal by twenty, you have no heart. If you’re not a Conservative by forty, you have no brain.”
-Winston Churchill
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March 9th, 2021, 01:21 PM
#25
Originally Posted by
gbk
Hi Trimmer-once i was stopped for "rolling stop"at a stop sign
Other then my name/insurance/licence /ownership-AND issuing the following ticket.the cop was very pushy about:
Where do i work(i was Ok with that, since i mentioned to him-i was thinking about the work ,so i may miss the full stop.The question ,while strange ,was fitting sort of)but then he was very pushy to tell him : where am I from?
When i tried to buy time and avoid to answer this question-he was like: I do not hear the answer!!!!!! So i reluctantly told him.(not that i am ashamed of my heritage)
What is the situation here...if You do not mind.Thanx
The Police may ask any questions they want,but,we're under no obligation to answer. He was asking questions because you gave him an opening when you mentioned that you were distracted because you were thinking about your work. Really,by stating that,you admitted to failing to exercise due care which could have resulted in a charge for "careless driving". See how that works? Answer questions that pertain directly to the traffic stop. Keep answers short and to the point. Do not engage in small talk and be polite and business like.
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March 9th, 2021, 01:40 PM
#26
I was pulled over Sunday for a "rolling stop". I was 99.8% sure I had stopped, know I looked L ( saw the SUV a few hundred feet away coming north), looked R, looked L and made my left turn.
The SuV was still a couple hundred feet away, and within seconds the lights went on. I pulled over right away, rolled down the window and had my papers waiting. His first words were
"How are you today?". I laughed and said "Well that depends on how this goes"
He fed me lines about my wheels not stopping ( private thought, my don't you have eagle eyes from 500 feet and just how alert are you, if staring at my front wheels for no reason) and me forcing him to slow down. " Officer you were still a couple hundred feet away. I appreciate your concerns but it was safe". We chatted, he came back minutes later with a warning, about the tickets he could have written and the 6 points it would have cost. Then said "have a good day".
In my experience, 90% of the time, they are just people to. And it's only one in a few that woke up on the wrong side of the bed. Give them attitude and you'll get it.
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March 9th, 2021, 06:21 PM
#27
Thanx Trimmer and JBen,appreciate Your input.
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March 9th, 2021, 08:19 PM
#28
I got pulled over for speeding about 10 years ago, I forgot I was close to my kid's school and did not realize it (So my bad). Cop was on the side of the road and flashed his lights I pulled over right away and backed up to him.
He said nobody ever stopped that quick and back up to him. I said "well I'm not going to race you and I realize I was speeding" he let me off.
Most cops if your reasonable they will be reasonable, although I have also met some arse holes (that even other cops didn't like him)