Laws in VA about getting stopped - road block - check point - DUI ?

Glockster · Apr 21, 2013

Blk97F150 said:
Thats the first time I have heard anyone having issues with an officer 'seeing' something above the visor. I suppose its possbile though. I guess the reality is they could claim they 'saw' something no matter where the registration paperwork is located. Although in my case, the ONLY thing above my visor is a couple slips of paper held to the visor with a rubber band. If he 'mistakenly' sees something that isn't there... I think it would be fairly easy to dispute that one.

You wallet idea is a good one. The drawback for me is that other people occasionally drive my vehicles, so the info needs to be accessible for them as well. I like that idea though, if I were the sole driver, I would consider it.

Wallet works well for me being that my wife and I are the only ones driving the car. And so we each have a copy of both of our registrations in our wallets (well, her purse). One time one of her relatives was staying with us and needed to use a vehicle, so I simply made an additional copy of the registration for him to carry in his wallet (nothing that I know of says you cannot copy your registration and I've been doing so for years to make the second copy as they only send you one).

richarcm · Apr 23, 2013

user said:
The Fourth Amendment only prohibits unreasonable searches and seizures. Here's some discussion of the issues and cites to important cases.

“The validity of a checkpoint depends upon the amount of discretion remaining with the field officers operating the roadblock. Clearly, roadblocks are constitutional when conducted according to explicitly neutral plans which completely eliminate the discretion of the operating officers.” Crouch, 26 Va. App. at 218, 494 S.E.2d at 146. In Crouch, we upheld the constitutionality of a checkpoint where it was established in response to an assignment given to a state trooper to conduct a traffic checking detail at a specific location in Fauquier County some time during the work week. The trooper selected the day and time, and the trooper received “verbal permission” to proceed.

The Commonwealth argues that [the officer's] limited authority to determine the specific time of the roadblock during the designated work week does not constitute unbridled discretion. We agree. The need to evaluate weather conditions and determine the availability of other officers provides a reasonable basis for this procedure. [The officer] complied with the restrictions, which limited any potential abuse. His supervisor determined the site of the roadblock in advance.

Palmer v. Commonwealth, 36 Va. App. 169, 174-175, 549 S.E.2d 29, ___ (2001)

And we all know that the courts never get anything wrong. The argument made here is in favor of collective rights. My rights are not dependent on how cops interact with everyone else or how wonderful their intentions might be who came up with the idea to stop and frisk or whether or not they used Excel or Word to create the flowchart. I do not have less of a right to be free from being stopped and searched for no reason because the cops are assaulting everyone's rights equally and doing so in random locations indiscriminately.

The logical leap would be that as long as they are body searching all pedestrians walking down a public street and disarming all gun owners then that equal and random discretion means nobody's individual rights are being jeopardized.

marshaul · Apr 23, 2013

drdan01 said:
I've heard horror stories about folks who kept it in the sun visor only to encounter an officer who then made a claim that they thought that they saw something else there and used it as an excuse to toss the vehicle.

Yeah, and I've heard horror stores of people shot or tased as they reached for their wallet, even after informing the officer they were doing so.

You can't be clever enough to win. If you get pulled over, the only way you're going home is at the officer's mercy.

wrearick · Apr 23, 2013

Blk97F150 said:
Many LEOS, especially VA State Troopers, have started approaching the vehicle on the passenger side, and the 'interaction' occurs through the passenger window. I'm not sure of the exact reasoning, but I suspect keeping the officer away from the active lane of traffic is one..... and giving them a better view of the inside of the vehicle, and glove compartment when you open it up to get your registration, is another....

As a general rule, never keep your car registration and insurance paperwork in a location with anything you do NOT want an officer to see. All my 'papers' are kept above the drivers side sunvisor... I have no need to open the glove box or the center console if/when pulled during a traffic stopr (thus they will have no ability to 'peek' in there...)

Good info thanks

davidmcbeth · Apr 23, 2013

Blk97F150 said:
Many LEOS, especially VA State Troopers, have started approaching the vehicle on the passenger side, and the 'interaction' occurs through the passenger window. I'm not sure of the exact reasoning, but I suspect keeping the officer away from the active lane of traffic is one..... and giving them a better view of the inside of the vehicle, and glove compartment when you open it up to get your registration, is another....

As a general rule, never keep your car registration and insurance paperwork in a location with anything you do NOT want an officer to see. All my 'papers' are kept above the drivers side sunvisor... I have no need to open the glove box or the center console if/when pulled during a traffic stopr (thus they will have no ability to 'peek' in there...)

I keep these records in my trunk. They never want you to get out of the vehicle so they drop the subject -- every time.

Cop: Insurance card?
Me: Its in the trunk, let me get it
Cop: stay in your vehicle.
Me: OK

TFred · Apr 23, 2013

davidmcbeth said:
I keep these records in my trunk. They never want you to get out of the vehicle so they drop the subject -- every time.

Cop: Insurance card?
Me: Its in the trunk, let me get it
Cop: stay in your vehicle.
Me: OK

Now that's an interesting idea worth further discussion.... anyone else do this? I could see putting the insurance and registration all in one envelope and perhaps even using velcro or something to stick it to the underside of the trunk lid, so it won't ever get lost. Of course you'll need to make sure there isn't anything snoop-worthy in your trunk.

Thoughts?

TFred

davidmcbeth · Apr 23, 2013

TFred said:
Now that's an interesting idea worth further discussion.... anyone else do this? I could see putting the insurance and registration all in one envelope and perhaps even using velcro or something to stick it to the underside of the trunk lid, so it won't ever get lost. Of course you'll need to make sure there isn't anything snoop-worthy in your trunk.

Thoughts?

TFred

Well, the cop sure does not want you to open up your trunk lol he knows what he has in HIS trunk ...

And in reality, the only law that matters is F=ma ....

Glockster · Apr 23, 2013

TFred said:
Now that's an interesting idea worth further discussion.... anyone else do this? I could see putting the insurance and registration all in one envelope and perhaps even using velcro or something to stick it to the underside of the trunk lid, so it won't ever get lost. Of course you'll need to make sure there isn't anything snoop-worthy in your trunk.

Thoughts?

TFred

I don't have a trunk (SUV). :monkey

marshaul · Apr 23, 2013

drdan01 said:
I don't have a trunk (SUV). :monkey

Get a vehicle with some actual utility?

Glockster · Apr 23, 2013

marshaul said:
Get a vehicle with some actual utility?

Sport means a competitive physical activity. In economics, utility is a representation of preferences over some set of goods and services. Therefore, my SUV is used to exert competitive physical preferences over economic valued goods and services.

marshaul · Apr 23, 2013

drdan01 said:
Sport means a competitive physical activity. In economics, utility is a representation of preferences over some set of goods and services. Therefore, my SUV is used to exert competitive physical preferences over economic valued goods and services.

lol. Sure, you can run with that. :lol:

scouser · Apr 23, 2013

drdan01 said:
Sport means a competitive physical activity. In economics, utility is a representation of preferences over some set of goods and services. Therefore, my SUV is used to exert competitive physical preferences over economic valued goods and services.

and the auto industry is saying ...

we had to think of something to call it so no one realized it's really just an overgrown station wagon

it's ok, I have what the manufacturer refers to as a compact suv. I look at it and say it's a station wagon.

as for not having things in plain sight in the luggage area, well there is the cover that slides back to cover that but underneath the cover I have a flattened cardboard box to prevent anything being visible should the cover decide to retract when/if the car should run over a pothole. Not that I keep anything of interest back there, just a stroller, a small tool box, jumper cables and a pair of workboots

Glockster · Apr 23, 2013

scouser said:
and the auto industry is saying ...

it's ok, I have what the manufacturer refers to as a compact suv. I look at it and say it's a station wagon.

as for not having things in plain sight in the luggage area, well there is the cover that slides back to cover that but underneath the cover I have a flattened cardboard box to prevent anything being visible should the cover decide to retract when/if the car should run over a pothole. Not that I keep anything of interest back there, just a stroller, a small tool box, jumper cables and a pair of workboots

And so you like to exert small competitive....[joke now trailing slowly off into the sunset]

scouser · Apr 23, 2013

drdan01 said:
And so you like to exert small competitive....[joke now trailing slowly off into the sunset]

that's ok .. I need a good laugh

Glockster · Apr 23, 2013

scouser said:
that's ok .. I need a good laugh

I can relate to that (went through four years of Federal law suit, understand the pain!).....but do apologize as that wasn't a good laugh....

How about...what do you call a fish with no eyes?

Fsh....Fsh.

Citizen · Apr 23, 2013

And I thought some of my jokes were lame.

Citizen · Apr 23, 2013

scouser said:
and the auto industry is saying ...

it's ok, I have what the manufacturer refers to as a compact suv. I look at it and say it's a station wagon.

as for not having things in plain sight in the luggage area, well there is the cover that slides back to cover that but underneath the cover I have a flattened cardboard box to prevent anything being visible should the cover decide to retract when/if the car should run over a pothole. Not that I keep anything of interest back there, just a stroller, a small tool box, jumper cables and a pair of workboots

Nobody pushes a stroller wearing workboots while carrying a small toolbox. The jumper cables give away your whole game--if you actually used the jumper cables, you wouldn't need the workboots to push the stroller. Obviously you're a toolbox-totin' terrorist; just what the VIPR team is looking for.

Glockster · Apr 23, 2013

Citizen said:
Nobody pushes a stroller wearing workboots while carrying a small toolbox. The jumper cables give away your whole game--if you actually used the jumper cables, you wouldn't need the workboots to push the stroller. Obviously you're a toolbox-totin' terrorist; just what the VIPR team is looking for.

OR he wears the rubber boots, straps the bad guys into the stroller and uses the jumper cables to extract critical information. Maybe he is the VIPR team? ;-)

Citizen · Apr 23, 2013

drdan01 said:
OR he wears the rubber boots, straps the bad guys into the stroller and uses the jumper cables to extract critical information. Maybe he is the VIPR team? ;-)

Oh, my. Yes! Of course! Don't know how I missed that.

cptstoney · Apr 23, 2013

i have rolled thru a few road blocks in nova and pissed off a few cops in the process.

my jeep is topless and doorless from mar.-oct. so you can easily see into my rig, i have also removed the rear seat so someone can only ride shotgun(remember no doors so you can see clean thru the rig).

everytime i roll up to a roadblock it happens to be in the summer and they always ask me if i have anyone else in the jeep with me. i pause look around and then say "if there is it's news to me""you better look under the jeep incase there is a ninja hiding from us".

i have only gotten one cop to actually look under the rig

i know it doen't help answer the op's question but it is a fun game i get to play with LEO's

Laws in VA about getting stopped - road block - check point - DUI ?

Regular Member

Regular Member

Campaign Veteran

Regular Member

Banned

Regular Member

Banned

Regular Member

Campaign Veteran

Regular Member

Campaign Veteran

Regular Member

Regular Member

Regular Member

Regular Member

Founder's Club Member

Founder's Club Member

Regular Member

Founder's Club Member

Regular Member