Protocol for getting pulled over

Discussion in 'The Perfect Line and Other Riding Myths' started by alvincullumyork, Aug 15, 2013.

  1. sarhog

    sarhog Ride far...

    Joined:
    Nov 28, 2012
    Oddometer:
    869
    Location:
    Florida Panhandle
    I suppose it depends on your jurisdiction, but in Florida for instance, a warrant is not required. If the police develop probable cause, they can search.
    Probable cause can come from seeing contraband in the vehicle, smelling the odor of narcotics, a K9 alert, finding dope on one of the occupants, etc.

    They can no longer search the vehicle based on your arrest alone, AZ v Gant changed that.
    #41
  2. RTLover

    RTLover Long timer

    Joined:
    Nov 1, 2009
    Oddometer:
    3,543
    Location:
    West-central France
    http://en.wikipedia.org/wiki/Motor_vehicle_exception

    With PC, the vehicle can be searched with or without your consent and without a warrant.
    #42
  3. DepthFinder

    DepthFinder Portly Adventurer

    Joined:
    Apr 21, 2012
    Oddometer:
    1,622
    Location:
    TEXAS, Y'ALL!
    Pull all the way to the edge, make foot "slip" in gravel, fall over. Writhe in pain and yell for help. Get warning because they think you've suffered enough. Listen to heartfelt remarks that "maybe speeding is safer than sitting still for you"
    #43
    DingDangKid likes this.
  4. randyo

    randyo Long timer

    Joined:
    Nov 17, 2007
    Oddometer:
    2,156
    Location:
    Northern NewEngland

    true story, gray hair/beard helps


    haven't got a ticket in a dozen years, just warnings at best, a couple times I got work for my company, if I'm within a 25 mile radius of home, 75% of time I know LEO or he/she knows of me through my work or community involvement
    #44
  5. Retro

    Retro Just the Facts Ma'am Super Moderator

    Joined:
    Jan 15, 2003
    Oddometer:
    35,108
    Location:
    Virginia
    Plain sight does not require a warrant.

    A hunch does not equal probable cause, and cops are generally professional. A cop who calls for K9 units frequently, or is involved in significantly more searches than other officers is not going to be around for long.
    #45
  6. sandsman

    sandsman Back in the saddle again..............

    Joined:
    Jul 26, 2011
    Oddometer:
    744
    Location:
    Greenville, Tx
    I was stoppedlast Monday down in Driscol Tx, just south of Corpus Christi, by a city cop with a bad attitude. I was in my vette, with my brother, coming back to San Antonio. My mom was fixing to pass away and we were both a little upset since we had just left the hospital. I was speeding (no surprise here) and I just told the cop the situation, and could he write the ticket and get us on the way. Cop turns into a total ass. held us there for 30 minutes, I figured he was gonna try to search my car (that wasn't gonna happen) harrassed my brother who is a 20 year vet. It was so bad that when I left (i left pretty hard on the throttle).....I figured he was gonna come after me and stop me again. I went out 3 miles and turned arround and came back and filed a complaint against this jerk of a cop.He was waiting when I got to the police station, and it wasn't pretty either. Figured I was gonna end up in jail. He threatened to tow my car.....he also knew I was carrying my conceiled weapon too.....I wasn't being stupid on that one. I talked to his boss, don't know how it will turn out, but not all cops are this bad. I got 2 tickets, one for speed and the other for having a radar detector mounted to my windshield (?)......He wrote the ticket for 52 in a 40, even though he told me I was going 11 over. I was speeding and I'll take the ticket, but write the damn thing up right. I am gonna fight the windshield ticket. When I left a lady asked me if I had a problem with that cop, because he towed her daughter's car and left her daught and 8 year old granddaughter on the side of the road in 100 degree heat. Cop was a real jerk. And my mom passed away the next day too. Driscol Texas cops, well this one, can suck a rotten egg. And yeah, hands on the steering wheel and all that stuff I did just to make sure he wasn't a trigger happy rookie.
    #46
  7. sarhog

    sarhog Ride far...

    Joined:
    Nov 28, 2012
    Oddometer:
    869
    Location:
    Florida Panhandle
    I agree, which is why I said seeing contraband in plain view is probable cause to search.

    I didn't say a "hunch" was probable cause.
    A cop who calls for K9 frequently, or who searches a lot of vehicles may just be very proactive. He may be on a interdiction unit, or other anti drug unit. I know lots of cops that have searched lots of cars (with and without the assistance of a K9) that have been around a long time. They're generally good cops that know the law.
    #47
  8. Andyvh1959

    Andyvh1959 Cheesehead Klompen

    Joined:
    Feb 16, 2012
    Oddometer:
    1,222
    Location:
    Da frozen tundra eh? 1.5 mile west of Lambeau
    My protocol has always been to do what I can to make the officer at ease and in control. So what has worked for me when pulled over:


    • Pull over as soon as possible and as safely as possible, especially if you can get the officer out of traffic also. Any delay in pulling over starts the officer's attitude higher already
    • Park the bike with the engine off, sidestand down, and flashers on if the bike is equipped that way.
    • Helmet and gear on (gloves jacket, etc) and wait, hands folded atop the fuel tank in plain view, sitting on the bike until the officer is in position.
    • Respond to the officer's request, such as get off the bike, take your helmet off (mine is always a FF helmet), move away from the bike if requested.
    • Now, when the officer asks, "do you know why I pulled you over?", if I am clearly in the wrong (such as speeding 10+ over the limit) I will say so. Lying does not help here, but being vauge without being combative can help.
    • Some people say never incriminate yourself. But I have found that honesty does more to diffuse the issue.
    • When the officer asks for any paperwork, license, registration, insurance card, respond yes and explain where you need to get it from and keep everything in clear view.
    • At that point, it is up the issue at hand and the attitude of the officer. Stand away from the bike and wait. Do not figet, get on the cell phone, wander around or do anything with the bike.
    But by being cordial, respectful, calming and putting the officer in control I have found the best results in just a warning, or a discussion or a reduced ticket. This worked really well the last time I was puled over for passing in a no passing zone and doing 52 in a 35 zone, right in front of the police chief of a very small town. I did get a fine for "display of power" but no points on my license.
    #48
  9. PT Rider

    PT Rider Been here awhile

    Joined:
    Aug 29, 2009
    Oddometer:
    885
    Location:
    NW Washington State
    But beware of the civil forfeiture game. State law allows the local jurisdiction to claim that the vehicle (or home) was the site of a drug violation and seize it where you need to prove your innocence.

    http://www.newyorker.com/reporting/2013/08/12/130812fa_fact_stillman?currentPage=all
    http://www.ij.org/texas-civil-forfeiture-background
    #49
  10. NJ-Brett

    NJ-Brett Brett

    Joined:
    Sep 8, 2010
    Oddometer:
    7,684
    Location:
    Southern New Jersey
    I have had a lot of practice, nothing helps, and I always get a ticket.
    Around here, if they pull someone over, you get a ticket, they have camera's in the cars and the video is likely reviewed and they get in trouble if they pull someone over without a ticket.
    They will give their own mother a ticket.

    I had someone pull out in front of me, and to avoid crashing into the womans suv, I went around. Unmarked police behind me gave me a ticket, said yes, they pulled out right in front of you but you should have TRIED to stop.

    I look like a dork, on an old little bike, easy to screw with.
    Maybe the skull head guys get away with more as they might be more risky for police to stop.

    My wife's cousin was a cop, and he said they were all jerks and crooks.

    I have no respect, and they just want my money.
    #50
  11. ghostryder

    ghostryder Long timer

    Joined:
    Aug 20, 2004
    Oddometer:
    6,319
    Location:
    Atlanta
    This is the way to do it.
    #51
  12. sarhog

    sarhog Ride far...

    Joined:
    Nov 28, 2012
    Oddometer:
    869
    Location:
    Florida Panhandle
    It varies greatly by region (and department). In my area, if you get stopped by the highway patrol, your chances of getting a ticket are pretty high...that's what they do.
    However, the Sheriff's Office stops TONS of cars looking for dope, and tickets VERY few.
    #52
  13. urbanXJ

    urbanXJ Long timer

    Joined:
    Aug 19, 2008
    Oddometer:
    3,166
    Location:
    Pearland, TX
    #53
  14. orangebear

    orangebear Long timer

    Joined:
    Aug 12, 2010
    Oddometer:
    1,377
    Location:
    dumfrie scotland
    #54
  15. urbanXJ

    urbanXJ Long timer

    Joined:
    Aug 19, 2008
    Oddometer:
    3,166
    Location:
    Pearland, TX
    he got 10 years I think
    #55
  16. urbanXJ

    urbanXJ Long timer

    Joined:
    Aug 19, 2008
    Oddometer:
    3,166
    Location:
    Pearland, TX
    yup, 10 years

    but the 25 year old rider will be paralyzed all his life

    http://www.northwestohio.com/news/story.aspx?id=472760

    TOLEDO, OHIO -- The Ottawa Hills police officer convicted of shooting an unarmed man has been sentenced to ten years behind bars.
    In May, Thomas Caine White, 27, was found guilty of felonious assault in the shooting of Michael McCloskey during a traffic stop in 2009. The jury found that the part-time Ottawa Hills officer excessive force in shooting the 25-year-old motorcyclist during the May 23 traffic stop. White was found guilty of count of felonious assault with a gun specification, charges that could have meant a sentence of 11 years in prison.
    In a Lucas County Common Pleas courtroom on Monday, White was sentenced to ten years in prison. Three of those years will be mandatory due to the gun specification conviction.
    The shooting was captured on the officer's dashboard camera. The video shows McCloskey, sitting on the motorcycle he was riding, falling to the ground after being shot in the back.
    McCloskey suffered serious injuries as a result of the shooting. He is now paralyzed from the waist down.
    White, who was not being held prior to sentencing, was taken into custody by Lucas County Sherrif's deputies after the sentence was read Monday. He has since posted bond and has been released from custody pending the appeal of his case.
    #56
  17. orangebear

    orangebear Long timer

    Joined:
    Aug 12, 2010
    Oddometer:
    1,377
    Location:
    dumfrie scotland
    Good for that. It will make cops think before they shot.
    #57
  18. ttpete

    ttpete Rectum Non Bustibus

    Joined:
    May 13, 2009
    Oddometer:
    6,732
    Location:
    Dearborn, MI
    Anyone see if the family is taking civil action against the cop and the city? Ought to be good for a few million.
    #58
  19. Road Program

    Road Program Been here awhile

    Joined:
    Jun 21, 2008
    Oddometer:
    695
    Location:
    College Park, MD
    This is why I'm terrified of getting pulled over on my bike. After seeing this online when it happened, I'm at the point where I'm just going to sit there and put my hands up if I get pulled over on my bike.

    #59
  20. iamcanjim

    iamcanjim Snorting snow.

    Joined:
    Feb 13, 2006
    Oddometer:
    807
    Location:
    Cape Breton, NS
    I have never mouthed off to a cop, been hostile, or anything. I have no record, have never been arrested, and have never had to deal with the police for anything but traffic violations.

    I must send of bad vibes.

    I have never been stopped without being given a ticket. Ever.

    Partly, although I am in my late 30's, I look in my 20's and scruffy.

    I almost always get my car searched crossing the US border too.
    #60