What is the law? (can a cop do this?)

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What is the law? (can a cop do this?)

March 02, 2013, 06:02:15 PM

I am not trying to be politcal, I just wonder if anybody knows law well enough to answer this question:

I live in a very small town, with over-zealous cops. Like, when I have a headlight burn out, I get nailed THAT DAY. it has happened 4 times, one for each bulb on 2 cars within the course of a couple months. Now, I live just a couple seconds off the highway, so when I get a cop behind me, he only has a second to decide if he wants to pull me over before I am in my driveway. I have been pulled over 3 times in my driveway...

Last night, a cop comes flying up behind us, just as we were approaching our driveway. We pull in, and he flips on his lights. But here's the kicker. He kept going. So we thought he was on his way somewhere. He gets to the end of the street, does a U-turn and comes back. Orders me and the wife to get back in the car (as we were already standing up, unloading our groceries out of the back).

Long story short, he said my exhaust is too loud (the convertible I just bought, the exhaust is open after the catelytic, haven't had time to fix it yet), and that my wife didn't signal when she turned up our street.

Even if that is the case, can a cop just pull up and order you back in the car on private property? What if I would have just pulled in the garage and shut the door?

I am just getting sick of the nit-picky cops around here. Yeah, I know we had a legitimate reason to be pulled over. But the neighbors probably think we are crackheads when we keep getting cornered in the driveway by cops over trivial things. Last night the cop said it was "training night" when we asked if it was necessary that 2 more cruisers showed up. So it looked like vegas at the end of my small-town driveway... Good times.

What is the law? (can a cop do this?)

Reply #1 – March 02, 2013, 06:38:17 PM

If they are enforcing actual laws of sound from the car and proper function of lights, they can enforce it. It may seem nit picky, but, if it's the law, that is what the cops are hired to do...enforce those laws.

As far as ordering a person into their car after they stop you, yes, it's for the officer's safety. They never know what people are going to do. You are honest, but they may not know that, and they can't just take a person's word for it.

I was a police officer some years ago. I wasn't quite as picky, but, I did have to pull people over at times for bad lights and such. Burned out lights are a danger at night. You may be able to see, but it's also about people seeing you.

I can't say I always agree with the way police do what they do, but I also have seen it from the other side, and understand where they are coming from.

If you are stopped that often, just make sure your vehicles are up to the legal standards and then you won't have to worry.

What is the law? (can a cop do this?)

Reply #2 – March 02, 2013, 06:49:24 PM

Thanks for your input Vinnie.

I know I was in the wrong, I don't have a problem with that. I just wonder about coming back down the road and ordering us back in the car. I mean, I can see if we got out during a pull-over situation, I know not to do that. But he left and came back and we were already out. I just felt condescended to. The cop wasn't being a dick or anything, I was just embarassed and annoyed that I thought I wasn't getting pulled over and here he comes back down the street again.

Where is the line drawn? I mean, can he come back 30 minutes later, knock on my door and tell me to go back in the car? That's the problem I have. The pull-over situation was over in my mind when he left.

What is the law? (can a cop do this?)

Reply #3 – March 02, 2013, 07:25:34 PM

If i were you i would talk to the CHIEF. I have the advantage of knowing most of the cops on patrol in my town. We do crash work on the cruisers. But the town just hired 5 new cops. 3 girls and 2 guys. Sure enough i got stopped for a plate violation. I almost laughed at the new women police officer but respect is always better. She stopped me for an expired plate. Now that is a good trick. I explained to her to look at the plate physically. She asked why. I said did you use the scanner in the car? She said yes. With that she went back to the car and saw the expiration date. It was well within the time it needed to be renewed. It is part of the embossing on Repair Plates. She said she did not care and called in backup. Well my buddy John herd the call and came out . She was beyond herself when she saw the Chief Of police come out on a back up. I said Hi John how are the kids and the officer was told to drive off. Then john asked me to service his car as summer was around the corner. He has a AAR Barracuda 1970 340 Six Pack.

But seriously make an appointment with the Chief. By the way in CT if you have the headlight repaired the ticket is thrown out. Any decent local cop will never give you a ticket for a light violation. Those cops are IDIOTS. As far as the exhaust goes they need a HARD SITE DB TEST WITH A CALIBRATED TESTER otherwise the ticket is BULL shiznit!!! But if he tells you to get in to your car he means it!!!

What is the law? (can a cop do this?)

Reply #4 – March 02, 2013, 10:08:57 PM

Private property, cops can't do shiznit. If you ask them to not step foot onto your property without a warrent, then they can't. However, if they ask you to come there or talk to them and you don't, then your in the wrong. As long as your not being arrested, they technically can't do anything or force entry, but if they come back, the'll be pissed. They can "detain" you without arresting for any reason, and there is a catch all law fore everything. If they want to get you with something they will. However, you piss one off, and they will remember it, as will their buddies.

Its best to keep your thoughts to yourself and try not to rock the boat too much. A call to the cheif would be warrented, if, they are in the wrong. If you've done nothing wrrong and your still being harassed, then you make a stink.

What is the law? (can a cop do this?)

Reply #5 – March 02, 2013, 11:15:07 PM

My older brother is a Federal Agent, (DEA) and i have many friends locally in NY who are police officers. Here are some of the best ideas that actually work in your favor for not getting a summons when pulled over. (Cougar XR, i know yours was a different scenario)

This is what i do every time i get stopped:
1. Pull over as instantly as you can, while being safe. Don't make them catch up to you.
2. Hazards on, engine off, windows down, keys laying on dash, and hands on the steering wheel and if nighttime, dome light on. (this shows respect for the danger that they face with every stop)
3. When asked why you were pulled over, i never state what i did wrong, however i say very respectfully to the officer, "i am sure you had a very good reason for stopping me". This does two things, it keeps you from incriminating yourself for any specific wrong, and also still respects the cop.
4. If i you know someone on the job, or have a PBA card or other ID make sure that you hand it off to them with your License, Reg, and Ins, because once they start writing, its too late.

I have been stopped over the years many times for speeding, not that i drive crazy, just a lead foot in the left lane. I have never had a moving violation since 1990. I have gently talked my way out of every stop. This isn't full proof, but it has worked well for me.

What is the law? (can a cop do this?)

Reply #6 – March 03, 2013, 10:53:45 AM

Quote from: vinnietbird;410407

If they are enforcing actual laws of sound from the car and proper function of lights, they can enforce it. It may seem nit picky, but, if it's the law, that is what the cops are hired to do...enforce those laws.

As far as ordering a person into their car after they stop you, yes, it's for the officer's safety. They never know what people are going to do. You are honest, but they may not know that, and they can't just take a person's word for it.

I was a police officer some years ago. I wasn't quite as picky, but, I did have to pull people over at times for bad lights and such. Burned out lights are a danger at night. You may be able to see, but it's also about people seeing you.

I can't say I always agree with the way police do what they do, but I also have seen it from the other side, and understand where they are coming from.

If you are stopped that often, just make sure your vehicles are up to the legal standards and then you won't have to worry.

I totally agree Vinnie!! Around the area where I live, I really wished the cops would enforce the "knit-picky" vehicles codes. Especially malfunctioning lights, missing important body parts, or heavily damaged vehicles (that shouldn't even be on the road). I've almost been involved in too many close calls because of inoperable or missing lights.

Quote from: MY83T;410418

My older brother is a Federal Agent, (DEA) and i have many friends locally in NY who are police officers. Here are some of the best ideas that actually work in your favor for not getting a summons when pulled over. (Cougar XR, i know yours was a different scenario)

This is what i do every time i get stopped:
1. Pull over as instantly as you can, while being safe. Don't make them catch up to you.
2. Hazards on, engine off, windows down, keys laying on dash, and hands on the steering wheel and if nighttime, dome light on. (this shows respect for the danger that they face with every stop)
3. When asked why you were pulled over, i never state what i did wrong, however i say very respectfully to the officer, "i am sure you had a very good reason for stopping me". This does two things, it keeps you from incriminating yourself for any specific wrong, and also still respects the cop.
4. If i you know someone on the job, or have a PBA card or other ID make sure that you hand it off to them with your License, Reg, and Ins, because once they start writing, its too late.

I have been stopped over the years many times for speeding, not that i drive crazy, just a lead foot in the left lane. I have never had a moving violation since 1990. I have gently talked my way out of every stop. This isn't full proof, but it has worked well for me.

My wife and I too have heavy left feet

I've been a little more uhh spirited though. Last fall, I was cruising as a leisurely 70 on hwy 30 coming home, with the wife, from Ft. Wayne IN and just happened to pass a beautiful blue mustang. Uh, it was an under-cover stater..... as soon as he pulled in behind me and those red & blues started winking at me, I pulled over and did the same thing as you David. After giving him my info, and upon his return, he said "Because you have a CDL, I'm just giving you a warning on the speed BUT I'm giving you a ticket for your license plate being expired. It had expired the day before. Oh well.

OP, like many have said. Just make sure your ducks are in a row and things are operating as they should. Then if they still keep pulling you over, even in your driveway, then yes, have a chat with the Chief.

What is the law? (can a cop do this?)

Reply #7 – March 03, 2013, 12:52:22 PM

It depends on the state you're in.
Every state has different laws and variations of certain things, procedures, and driving statutes.

If it feels like you are being harassed or profiled, then you need to get a lawyer.

Quote

Private property, cops can't do shiznit. If you ask them to not step foot onto your property without a warrent, then they can't. However, if they ask you to come there or talk to them and you don't, then your in the wrong. As long as your not being arrested, they technically can't do anything or force entry, but if they come back, the'll be pissed. They can "detain" you without arresting for any reason, and there is a catch all law fore everything. If they want to get you with something they will. However, you piss one off, and they will remember it, as will their buddies.

Its best to keep your thoughts to yourself and try not to rock the boat too much. A call to the cheif would be warrented, if, they are in the wrong. If you've done nothing wrrong and your still being harassed, then you make a stink.

In a lot of states, LEOs CAN do shiznit, if they have probable cause. If they SEE that you have a headlight out, they CAN stop you AFTER you're in your driveway and talk to you about it, especially if it's been a frequent issue.

Now, in Missouri, if I get stopped, and they cops asks to search, and he doesn't have either a warrant OR probable cause, I can say no, and there ain't a ed thing he/she can do. Now if he rolls up to a car, and pot smoke is flowing out the windows like an Iraqi oil well fire, then you can bet your ass, you're gonna get some bracelets and a ride downtown...

It's not like the cop walked up out of the blue and accused you of driving with a burnt out light...he saw you on the effing road.

If they catch you on the road violating a driving statute, then they usually (not always, and very likely up to the particular LEO's discretion) have the legal right (and obligation) to visit you ASAP concerning the matter.
If he had his lights and/or siren on before you left the public road, you're shaged. As stated, pull over NOW....don't try to run, unless it's in a bad spot with a lot of traffic, etc.

I'd also suggest talking to an attorney in regards to traffic violations, and see what your exact laws limits are.

One last thing....I too was once an asshole driver...the local fuzz were always shadowing me, because I was young, smartassed, and had a lead foot.

When I grew up and quit driving like a shaging idiot, they let me alone.

Take it for what it is...the cops would rather be doing something else than watching for old cars with rotted exhausts, I'm sure.

I'm NOT bashing you OR your car...just being objective...if you prop the door open, you need to realize flies will get in. :hick:

But the best and first thing you should do is educate yourself on your laws in regards to traffic violations and stops for such.

I'm neither pro-cop, nor anti cop. They're just people doing their job, same as you, and me. Some are asswipes, most are not. You've also got to realize that they'd probably rather be fighting big crime (drugs, violence) than catching bad drivers, not that I'm saying that's not a good idea.
I wanted to be a cop when I was a kid....several of my friends are in LE, one is an MP in the Army. I hear a lot of stuff, some it makes me go "WTF!?" lol

I'm not perfect...I've had 13 speeding tickets, one major rollover accident (flipped a Jeep CJ in 1995) one minor accident (bumped a car in front of me at a stop sign when my foot slipped off the brake while picking up a spilled soda can on my floorboard...cop was very kind and even laughed with me when i explained how I caused the accident) so don't think I'm high and mighty...I've learned (mostly)
to just slow down, be wary for other drivers who can't seem to drive worth a lick.
And there are a lot of them anymore...

Be careful.

What is the law? (can a cop do this?)

Reply #8 – March 03, 2013, 04:26:49 PM

Thanks for the input guys. Just wondered if there was anything I could have done differently, and it sounds like there wasn't.

I don't feel so bad though. My friend around the corner just got pulled over last night because one ROW of the LEDs that make up her tail light were out. Not the whole light, not even half, just one row. Maybe 10% of the light was out. I told y'all they were nit-picky!

What is the law? (can a cop do this?)

Reply #9 – March 03, 2013, 04:42:53 PM

Normally if you have 70% of what ever light is out you are legal. I do not know where you live but it seems like the Cops are out of control. Just from what i am reading!!

What is the law? (can a cop do this?)

Reply #10 – March 03, 2013, 05:20:46 PM

How in the hell would the average person determine 70% of a light's specific output just by a visual check?

If you know it's broken, and it had to be in working order to license your vehicle...then yes, you will stopped and questioned, and possibly ticketed for it.

It's like speeding...3mph over the limit is still breaking the law. Don't piss and moan if you get caught.....

What is the law? (can a cop do this?)

Reply #11 – March 04, 2013, 05:53:40 PM

Quote from: ThunderbirdSport302;410451

How in the hell would the average person determine 70% of a light's specific output just by a visual check?

On a LED light, it's really simple. If 70% (or for commercial vehicles it's 50%) of the LEDs are lighting up (or working, since most LED lights don't have just 1 ) you're ok and it's again relatively simple to visually how many of them are lit up.

What is the law? (can a cop do this?)

Reply #12 – March 04, 2013, 07:46:39 PM

If you treat a cop with respect and don't bullshiznit them, 99% of the time, they will do the same.

Saying one wrong thing or stepping out of line will completely change the way the police officer acts. There lives are on the line and they know it.

If your getting pulled over for sure, pull over BEFORE the lights come on. Be curtious and apologetic and blunt. It will go a LONG way.

What is the law? (can a cop do this?)

Reply #13 – March 05, 2013, 04:40:29 PM

Quote from: Haystack;410508

If your getting pulled over for sure, pull over BEFORE the lights come on. Be curtious and apologetic and blunt. It will go a LONG way.

That is a new one to me. So you actually pull over before you have to, and that seems to help avoid a ticket? I always keep my head facing straight forward, drive real careful, and pray that the flashing lights don't come on!!!

What is the law? (can a cop do this?)

Reply #14 – March 05, 2013, 04:43:46 PM

Quote from: nbzimmer;410567

That is a new one to me. So you actually pull over before you have to, and that seems to help avoid a ticket? I always keep my head facing straight forward, drive real careful, and pray that the flashing lights don't come on!!!

I agree with that, i have had many cops thank me for not making them chase me down 2 miles.....