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Driving Incident...what would you do?

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Driving Incident...what would you do?

Postby aviationwiz on Wed Aug 11, 2004 1:31 am

OK, so he's 23, never broken the law, wasn't speeding, not doing anything wrong, and this happens.

It's about 11:45 PM, and he was going down the freeway (not speeding) and it's empty, because, well, it's 11:45 PM. He saw a police car on the right side of the freeway, and he was in the far right lane, so he kind of swerved into the next lane to the left as your supposed to when a police car is on the side of the freeway in a situation like this. Instantly, the cop puts on his sirens so he pulled over and stopped. The cop was relatively nice, and asked him why he didn't completely move into the next lane, and gave him a ticket. So before long, another cop comes (who is a real asshat) and he tears out the seats, tears out the glove compartment, and pretty much wrecked the whole inside of the car, in the meanwhile, the kid couldn't find his insurance card, as he was so shocked as to what was going on (it was in the glove compartment, which the cop tore up.) So not only does he get a ticket, not only does the cop not help him with putting the car back to how it was before he tore it up, but his car is towed because he couldn't get to the insurance card at the time.

So, what would you do?
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Postby TheWizard on Wed Aug 11, 2004 2:03 am

The cop was in the confines of the law to tow the driver's car if an insurance card was not presented. However, tearing up the car is a bit over the edge. If I was the driver, I would plead guilty to not having an insurance card. Pay the fine, it won't be that much. However, I would also put in a counter-claim against the cop who tore up my car. He had no right to do that unless he suspected something was awry.

Now, it is true that while driving on a city/county/state road, a person's car becomes the property (for lack of a better word) of that municipality/county/state. That doesn't mean a cop, as a city/county/state representative, can go for a joyride in someone's car, but it does mean they can do things like tow cars, search cars, etc...with proper suspicion or proof of a comitted crime, of course.
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Postby ruderacer on Wed Aug 11, 2004 9:53 am

If a cop has probable cause then he is within the law to search your vehicle, otherwise he cannot. Or if you give the cop permission to search your vehicle then it would be OK. The only ones that can search your vehicle just for the heck of it is the Customs Agents at any port of entry. Even Border Patrol needs probable cause to check your vehicle at their check points. So that cop did not have the right to search the vehicle, therefore, the search was illegal.
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Postby JamieW on Wed Aug 11, 2004 11:48 am

Challenge them to a game of Yugi-Oh. Winner keeps all three cars.
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Postby VEFF on Wed Aug 11, 2004 10:21 pm

Tearing the seats out and wrecking other parts of the car is extreme to say the least, especially given the lack of probable cause. The fact that they didn't help him put it back together is even more ridiculous.
I would consider consulting an attorney ASAP to discuss possible options to get the situation corrected.
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Postby LoneWolf on Thu Aug 12, 2004 9:46 am

VEFF has it exactly right.
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Postby Spazmogen on Thu Aug 12, 2004 7:34 pm

Attempting to sue the officer's/police force will be a waste of your time and money.

The officer's will be able to prove probable cause in court if required.

This situation is similar to crossing the border into Canada or Mexico. Your car can be stripped down to parts and you're left to assemble it again. The officers do not assist in putting it back together.

The wisest action (and cheapest too) is to file a complaint with the police force's Professional Standards (Internal Affairs).
No court time or lawyers (ie no lost wages to attend court). You get interviewed ( so do witnesses). Officer's get reprimanded internally. Usually lost wages or vacation time. For severe cases, they're FIRED.

Obviously, no financial compensation for you either.
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Postby aviationwiz on Thu Aug 12, 2004 7:46 pm

Spazmogen wrote:This situation is similar to crossing the border into Canada or Mexico. Your car can be stripped down to parts and you're left to assemble it again. The officers do not assist in putting it back together.


I wonder if they can do that to a 744 too...

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That sure would be a pain for the crew!
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Postby TheWizard on Thu Aug 12, 2004 11:00 pm

Listen to Spaz, he works at a police station. :wink:
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Postby Spazmogen on Thu Aug 12, 2004 11:17 pm

I don't know about commercial aircraft, but probably for GA aircraft it would apply.

It also works for truckers too. Imagine having both cab & trailer stripped apart. Load removed & inspected. So much for 'just in time' deliveries.

Smuggling is a serious problem everywhere.

Up here, guns coming in from the USA and drugs going out to the USA are problems. As well as illegal immigrants trying to cross into the USA.
Remember, most types of hand guns or assault rifles are not permitted up here at all. There are very few collectors who are allowed to own them.
There is NO 'right to bear arms' here. So most people just get clubbed like Nancy Kerrigan. You can walk it off in a few days. But you're still alive.

You don't need to live in the Florida Keys to experience smuggling. Although come January, I'll volunteer to move there until May. I don't need to be smuggled, I can drive myself. :P

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Postby ruderacer on Fri Aug 13, 2004 11:33 am

Wiz
as a matter of fact, yes they can. They just can't put it back together.
Due to fact that they are not FAA certified mechanics.

Spaz
As far as stripping your vehicle to parts and leaving you to put it together, yes, it does happen on a daily basis. But it mostly affects those that are trying to import illegal things and then the vehicle is seized. If an innocent traveler's vehicle has any damage after inspection, the traveler is given a form to file a claim for the repairs.
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Postby LoneWolf on Fri Aug 13, 2004 11:53 am

Spazmogen wrote:Attempting to sue the officer's/police force will be a waste of your time and money.


I wasn't advising him to sue by getting a lawyer. Lawyers aren't just about lawsuits; they also know what a victim's rights and appropriate recourse may be, and are far more suited to give legal advice on this matter. The appropriate lawyer would also be far more acquainted with process and procedure than most of us forum members, I'd wager.
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Postby wicked1 on Sat Aug 14, 2004 2:20 am

as a victim of many car tear down searches in my life I attest they cant be held liable if they had probable cause which can be any stupid thing they say. I would take vengenance out on the issuing cops property.Worked for me and my pals to great satisfaction.

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