Clocked at 105 and handcuffed.....
#16
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I'm angered by this story (well, not the outcome).
With all of these SUV's I see going 85-90mph on a regular basis it is absurd to be acting this way towards a Porsche that is (allegedly) going 105.
Are you sure he had a speed detection device or is this one of those cases where the officer uses his professionally trained skill to estimate your speed by simply seeing you go fast?
With all of these SUV's I see going 85-90mph on a regular basis it is absurd to be acting this way towards a Porsche that is (allegedly) going 105.
Are you sure he had a speed detection device or is this one of those cases where the officer uses his professionally trained skill to estimate your speed by simply seeing you go fast?
#17
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Cop was being overzealous. Imagine that. Then again, imagine if YOU peaked in highschool and the last thing you did in your life that anyone applauded was hitting a three-run homer back in those glory days.
Or at least that's the cops I know... Frustrated people. Gun, badge, light, siren -- and waaay too many rules for their taste. They signed on to kick a$$ with a baton, drive fast and shoot stuff. Blah blah blah.
You got lucky with the 80, unless he was actually registered to visually estimate your speed (and if he's rolling/accelerating that's usually a ticket you can fight) -- as it doesn't seem like he had time to radar or pace you. Sounds (from your post) like he got you to "agree" you were speeding once he realized there was no bigger charge and his "105mph" could have wobbles to it.
BTW - cops can cuff you and stuf you any time they damn well feel like it. They can cuff you for jaywalking if you give them the *******.
Or at least that's the cops I know... Frustrated people. Gun, badge, light, siren -- and waaay too many rules for their taste. They signed on to kick a$$ with a baton, drive fast and shoot stuff. Blah blah blah.
You got lucky with the 80, unless he was actually registered to visually estimate your speed (and if he's rolling/accelerating that's usually a ticket you can fight) -- as it doesn't seem like he had time to radar or pace you. Sounds (from your post) like he got you to "agree" you were speeding once he realized there was no bigger charge and his "105mph" could have wobbles to it.
BTW - cops can cuff you and stuf you any time they damn well feel like it. They can cuff you for jaywalking if you give them the *******.
#18
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Cop was being overzealous. Imagine that. Then again, imagine if YOU peaked in highschool and the last thing you did in your life that anyone applauded was hitting a three-run homer back in those glory days.
Or at least that's the cops I know... Frustrated people. Gun, badge, light, siren -- and waaay too many rules for their taste. They signed on to kick a$$ with a baton, drive fast and shoot stuff. Blah blah blah.
Or at least that's the cops I know... Frustrated people. Gun, badge, light, siren -- and waaay too many rules for their taste. They signed on to kick a$$ with a baton, drive fast and shoot stuff. Blah blah blah.
Even on a Sunday morn, at 105 mph the officer could easily presume that JR's car was stolen, or on the run from something.. cop doesn't know immediately if he's dealing with a criminal/aggressor or car thief who'll now flee on foot... but I agree once JR's identity & ownership were established they can not search the car without 1) permission of the driver or 2) probable cause--material evidence of contraband. Be glad he cut somewhat of a break, pay the ticket and move on. This is not the hill to die on!
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#19
Drifting
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Maybe the cop was out of line, maybe he wasn't. The fact is with a speed of 105, he was in the position to arrest the driver was he not? If he was, then he can cuff the driver. In my jurisdiction (Canada), once an officer makes an arrest (and restrains the suspect) he has the right to search the person and vehicle. If he believes the driver was under the influence he can demand a breathalizer (you don't have to comply, but that leads to other charges).
In my opinion, the result in this case was the best possible. I'm surprised that the "I have race experience and I'm safer than other drivers" actually flew. I don't think I'd of taken that approach.
I also don't think this is a Porsche car issue. I think any driver would have been pulled over and may have gotten worse treatment, notwithstanding the type of car he was driving (which I don't think is the issue here). You were really lucky. For the posts advocating getting tough with the cop - the car would have been on a flat bed. In this case the driver was prepared to give up a few civil liberties, to get some discretionary consideration from the Police officer.
I say "Well Done". Have fun in traffic school.
kayjh
In my opinion, the result in this case was the best possible. I'm surprised that the "I have race experience and I'm safer than other drivers" actually flew. I don't think I'd of taken that approach.
I also don't think this is a Porsche car issue. I think any driver would have been pulled over and may have gotten worse treatment, notwithstanding the type of car he was driving (which I don't think is the issue here). You were really lucky. For the posts advocating getting tough with the cop - the car would have been on a flat bed. In this case the driver was prepared to give up a few civil liberties, to get some discretionary consideration from the Police officer.
I say "Well Done". Have fun in traffic school.
kayjh
#20
Racer
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I also don't think this is a Porsche car issue. I think any driver would have been pulled over and may have gotten worse treatment, notwithstanding the type of car he was driving (which I don't think is the issue here). You were really lucky. For the posts advocating getting tough with the cop - the car would have been on a flat bed. In this case the driver was prepared to give up a few civil liberties, to get some discretionary consideration from the Police officer.
I say "Well Done". Have fun in traffic school.
kayjh
I say "Well Done". Have fun in traffic school.
kayjh
#21
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It's always best to keep your cool when stopped. You can spend thousands in legal fees proving your point, or you can go to traffic school. Granted that isn't case all the time where the cop lets you off, but demanding your constitutional rights on the side of the highway never works.
It's also a plus when your not drinking or have your Bong in seat next to you.
It's also a plus when your not drinking or have your Bong in seat next to you.
#22
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I'm an attorney, but I don't do criminal work and I haven't had crim pro since around 91-92, but I'm pretty sure reasonable suspicion applies to the detainment of and a cursory seach of a person for questioning and to determine if they present a danger to cops (pat down and reach in pockets if anything felt to rule out presence of weapons/contraband). The search of a vehicle requires consent or probable cause, period, unless a lot has changed in 15 years. This cop did NOT have probable cause to search the car unless we are missing some facts. He may have had cause to issue a citation for speeding/reckless, which has nothing to do with the contents of the vehicle. It always kills me to see the fools on the Cops show who have really done nothing wrong, that the cops know about, reply to the question "Mind if we search the car?" with "sure, go ahead", at which point they are promptly arrested for 50 kilos of coke in plain view in the trunk. Stupid is as stupid does, I reckon.
#23
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I also don't think this is a Porsche car issue. I think any driver would have been pulled over and may have gotten worse treatment, notwithstanding the type of car he was driving (which I don't think is the issue here). You were really lucky. For the posts advocating getting tough with the cop - the car would have been on a flat bed. In this case the driver was prepared to give up a few civil liberties, to get some discretionary consideration from the Police officer.
I say "Well Done". Have fun in traffic school.
kayjh
I say "Well Done". Have fun in traffic school.
kayjh
#24
Burning Brakes
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FWIW, a friend was pulled over on the 101 doing a similar speed on the way back from Monterey in his F430 by a woman cop. She went ballistic as well. I'm wondering if it's a bit of an act so that you don't really object and just take what they throw at you? A guy in a sports car is hardly someone that poses a threat. They very well may be a threat while racing around but as soon as the cop sizes that person up they can figure that the guy's an enthusiast. Welcome to Orwell's 1984.
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#25
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Guys, it has already been said "reckless driving" and that is the Officer's call. That is a "misdemeanor" and a go to jail or go to the Judge offense, and the individual can legally be cuffed. Once the operator of the car is going to jail the officer can not leave the car at the side of the road. The car must be impounded for safe keeping. The inventory of the car at the time of arrest is to establish the contents of the vehicle and if the driver had been transported to jail the driver would have signed that the items found in the car were there and nothing else. If a driver does not think he was driving reckless, when he goes before the Judge he says "not guilty", and fights it in court. The best way to keep this kind of thing from taking place is to save high speed driving for the track. I am not an Attorney but am a retired Officer and what the above Officer did is the same way I did it in Texas.
#26
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You beat me to it, WhiteRSA. As far as I know, in every state, an officer arresting a driver for reckless driving has authority to impound the vehicle. Impounded vehicles -- or anything else that's impounded by local, state or federal police for that matter -- are subject to search. No warrant required. The rationale for the search is two-fold: 1) to protect the officer (and the impound lot) and 2) to protect the owner's impounded property (hence the inventory).
Don't shoot the messenger . . .
Don't shoot the messenger . . .
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#28
Racer
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I'm not a lawyer but I do know the answer. It is lawful for them to search your car without your permission and without a warrant if they have probable cause. For example, if they pull you over and they see an empty liquor bottle on the seat next to you, or if they see a pile of firearms in the back seat. Or, if they smell marijuana or notice any evidence of an illegal substance. Or noises coming from the trunk. That sort of thing.
In this case, the mere fact of him substantially exceeding the speed limit does not, in my opinion, constitute probable cause to search his vehicle. But only a judge or jury can decide that. I think the cop was out of line.
In this case, the mere fact of him substantially exceeding the speed limit does not, in my opinion, constitute probable cause to search his vehicle. But only a judge or jury can decide that. I think the cop was out of line.
#30
Rennlist Member