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Cop knocks on your car window...

wimwag

Regular Member
Joined
Dec 10, 2013
Messages
1,049
Location
Doug
According to the Wisconsin Supreme Court, feel free to drive away! The saying "you may beat the rap but you won't beat the ride (and they'll steal your guns)" comes to mind.

Well, I'm going to bookmark this in my phones browser and try it if I ever get Johnny Law knocking on my truck window. The conversation should be interesting at least when they decide to invent PC and pull me over. The video will be...ummm...exonerating.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
The courts are bending over backwards to see any citizen's interaction with law enforcement as 'voluntary' as that is most beneficial to the officer. Absent commands to comply, drawn weapons, flashing emergency lights, an escape pathway blocked by multiple officers, any questions that are answered are likely to be viewed as voluntary statements.

Per the Court: "...when the officer, by means of physical force or show of authority, terminates or restrains his freedom of movement.” Brendlin v. California (2007) __ U.S. __ [2007 WL 1730143].
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Hey, I drove away before a meter maid (hartford) could place the ticket on my car .... he ran after me for about 100 ft, then gave up..

So, he processed the thing anyway .... a short visit to the city attorney and the case was dissmissed !

And in NYC (craphole that it is -- their laws have no effect on my behavior) got the the geo. wash bridge and no one was at the cash booth to collect (small line formed) ~ people had to just say "screw this" ... got a ticket der ... filed a motion to dismiss ... case dismissed.


In Boston, got a ticket, they put some stupid code down for color (using old ticket nomenclature on new forms), I argued law requires color to be put on ticket, case dismissed there too.

And when I get tickets and lose (hey, we all know its a scam system) I don't pay.

I don't pay civil judgments ... like many people who I have gotten civil judgements from...
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
The courts are bending over backwards to see any citizen's interaction with law enforcement as 'voluntary' as that is most beneficial to the officer. Absent commands to comply, drawn weapons, flashing emergency lights, an escape pathway blocked by multiple officers, any questions that are answered are likely to be viewed as voluntary statements.

Per the Court: "...when the officer, by means of physical force or show of authority, terminates or restrains his freedom of movement.” Brendlin v. California (2007) __ U.S. __ [2007 WL 1730143].

Yup. And they only think that the 4th amendment really only applies to your sub-sub-basement.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
I remember the good old days 20 years ago.... I was in a bar parking lot between 1 and 2 am (probably) sitting in the driver's seat and had just tossed my alcohol laden stomach contents outside the driver's side door when an officer came up and rapped on the window. I rolled it down and he said, "Everything OK here?" I replied, "Yeah, I'm just going to wait here a while." He said, "Ok, make it a long while before you go anywhere, OK?" I said, "Will do." and that was that.

Nowdays I've heard of people getting tickets for going out to their car with keys in their hands to retrieve cigarettes with no intention to drive while under the influence.
It use to be key in the ignition. Now it's "Constructive Possession." Just having the key in your possession or in your control is constructive possession of the motor vehicle.
 

Resto Guy

Regular Member
Joined
Aug 3, 2008
Messages
223
Location
right here
It use to be key in the ignition. Now it's "Constructive Possession." Just having the key in your possession or in your control is constructive possession of the motor vehicle.

What a load of crap! What is next, "knowing where your keys are while seated in your home and having a drink"?
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
It was the correct ruling, for the wrong reason.

The issue at hand was whether or not he was "seized", and obliged to interact, or whether he was free to leave. The court's ruling was the only thing that made the DWI evidence admissible

If he had actually driven away, or attempted to, and the officer claimed fear for his life before shooting the driver, I don't for one second believe the court would have ruled the driver was free to leave the the officer should have simply stepped aside.
 

wimwag

Regular Member
Joined
Dec 10, 2013
Messages
1,049
Location
Doug
My comment stands alone. Inability to see the reality of the situation as it stands today is on you.


Let's get down to what you're really saying: "Don't rock the boat! I'm afraid to stand up for my rights!" Your breed is why all but the politically connected and financially elite in California and New England are disarmed. Way to go. Your generation screwed up big time. You took the bait (drugs) and got high while the entire nation was stripped of our civil rights. While you were tripping they were gutting the Bill of Rights. You railed on and on about "the establishment" or "commies" while voting for them. Talk about indoctrination...

Don't preach to me about what you think will happen. Your generation freely gave up those rights and refused to stand up for what is just and now ours is taking them back. So sit on the sideline where you've been your whole life and watch us whippersnappers take back what you gave up in exchange for drugs. They say a mind is a terrible thing to waste and your generation is living proof.
 

wimwag

Regular Member
Joined
Dec 10, 2013
Messages
1,049
Location
Doug
Does it take getting shot by a cop to be adjudicated as to have been seized?


Must be a scary world you live in. Mine? I see it and people for what they are. Most are soft, some are loud and a small percentage actually take action. Many cops are no different than bullies. They resort to threats, whether it's words or pulling a weapon on those unaffected by words, and rarely ever follow through on threats. Most cops who draw on a violent suspect never fire. They freeze up and the guy simply leaves. Other cops arrive later and attack in a large group. Bullies. That's it.

My first experience with a police officer ever was having a gun shoved in my mouth for picking up coal along the railroad tracks. Big man pulling a gun on a 7 year old. I've had a cop drive by and point a gun at me and my girlfriend over fighting a traffic ticket. I've had a cop sit outside my apartment every day for 3 months and block my vehicle for testifying that I saw him yank a teenage girl around by her hair for 4 minutes after he handcuffed her. I've had a bailiff attempt to assault me in the Eau Claire County courthouse in a hallway with no cameras and dropped him even though I was handcuffed. No charges there. I've had guns pointed at me for OC. I've had cops force their way into my home to threaten my girlfriend over charges they brought being thrown out. I've had an assistant chief threaten to kill my newborn baby over my turning him and another officer in for pointing guns at me and my girlfriend. I've had a deputy threaten to kill me and then try to run me over for open carry during deer season. I've had a police chief threaten to shoot me on sight if I held an OC walk and that was all talk. I've had cops neither detain nor arrest me and lock me in the jail overnight and then follow me home in their cars during a 100 degree day after stealing my shoes and socks. I've had a deputy threaten to shoot me if I reached for my wallet while OCing.

Do you think I'm afraid of some cop's bruised ego? I don't have consensual conversations with cops, even when they're off duty.

Except for Primus. :p
 
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