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Invisiblederx
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Registered: 05/29/03
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Illegal traffic stop question?
    #10122688 - 04/07/09 11:27 AM (15 years, 1 month ago)

I live in a state where any window tint is illegal.  All of my windows including my windshield are blacked out.  I carry a medical script for this in my glovebox.

To make a long story short, A county sheriff targetted my car and begun to follow it.  I noticed quickly that this sheriff was following me.  I managed to get far enough ahead of him without speeding that a truck and trailer was between us.  I got to a spot where he could no longer see me because of rolling hills so I floored it and turned on the next road.  I pull into my buddies driveway as I see the cop turn onto the road.  I immediatly turn off my car, remove my keys from my ignition and get out of the car with my dog, on a leash. 
The officer pulls into his driveway and begins to question me about my windows.  I explain that I have a prescription and asked why is he stopping me because technically he didn't make a traffic stop.  He claims he did.

Since I was at my buddies house before the cop got to the driveway, I am walking around my buddies yard to let my dog go to the bathroom.  After the cop finishes running my information, before handing me back my lisence, he walks around my buddies yard searching for something I may have thrown out of my pocket.  Then tells me to have a nice day. 

I want to file a complain against this sheriff because I feel harassed.  He never once turned on his lights, he just followed me to my friends house and pulled in the driveway.  Did he make a lawful stop?  Did I have to show him my information?

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OfflineAlan RockefellerM
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Re: Illegal traffic stop question? [Re: derx]
    #10122958 - 04/07/09 12:17 PM (15 years, 1 month ago)

He may have been really annoying but I don't think he did anything that would be grounds to file a complaint.

Since tinted windows are not legal in your state, seeing tinted windows is probable cause to pull you over and check your prescription. 

He is supposed to turn on his lights when he makes a traffic stop, thats kind of a minor issue though.  You may be able to file a complaint about that but I wouldn't persue it, its not the type of complaint that would be taken seriously or have any effect.  Wait until they search you illegally or something like that and then file a complaint. 

If he sees a violation in traffic he is allowed to follow you and stop you even if you aren't driving anymore, they make a lot of busts like that.

Its annoying that he was looking around for drugs in your friends yard but also common and they are allowed to do that since thats where you went.  He probably noticed that you sped away when he was around the bend and thought you were tossing weed or something.

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OfflineNineInchNails
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Registered: 03/01/09
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Re: Illegal traffic stop question? [Re: Alan Rockefeller]
    #10166753 - 04/14/09 07:45 PM (15 years, 1 month ago)

I would just brush that shit off. You did the RIGHT thing and don't think twice about it.

He was just looking for a way to take advantage of you. He knew damn well that you took off, but he didn't see it. He was just going to show you that he knew. Since he couldn't see into your car then he wanted to see if you tossed something in the yard.

He was looking for probable cause to search your ass, but he knew he couldn't. He probably gathered that you were not a moron and just decided to go on his way instead of pressing you to wave your 4th Amendment rights (which you wouldn't have allowed right?).

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Invisiblejohnm214
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Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: Illegal traffic stop question? [Re: NineInchNails]
    #10172160 - 04/15/09 03:10 PM (15 years, 1 month ago)

That and nobody cares about the law when the cops are involved.  I would have told him to GTFO of the driveway and yard, but cops don't mind breaking all sorts of laws.


Complain if you want, but I don't think he did anythint anyone will care about.



And what is the prescription thing?  An affirmative defense?  If so he legally stopped you it seems.

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OfflineSeussA
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Re: Illegal traffic stop question? [Re: johnm214]
    #10173032 - 04/15/09 05:41 PM (15 years, 1 month ago)

> And what is the prescription thing?  An affirmative defense?

Where I grew up, tinted windows were illegal.  It was possible to get a prescription for tinted windows for some eye conditions such as photophobia.  The cops would still pull you over, and they would still write you a ticket.  When you went to court, you could get out of the ticket by showing your prescription to the judge.  It also meant that nobody else could legally drive your car unless they had a prescription for the tinted windows as well.


--------------------
Just another spore in the wind.

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Invisiblejohnm214
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Re: Illegal traffic stop question? [Re: Seuss]
    #10176009 - 04/16/09 02:53 AM (15 years, 1 month ago)

Ahh yes, gotta love those traffic laws.


Somehow any degree of tint is unsafe, even tint that allows more light through than the average window but yet looks cosmetically neato.


But of course if you have a medical need then somehow it isn't unsafe... untill you stop going to the doctor at which time it becomes unsafe again.


Kinda like how when cops speed its cuz they have more important things to do but when everyone else does its an unsafe practice .

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