what rights does a citizen have in this case?
2006-11-06 04:07:06 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
my car has tinted windows "legal where I live" where he wouldn't have even been able to see me
2006-11-06 04:10:02 · update #1
no other laws broken just asked about 10 times where I was going then finally left
2006-11-06 04:12:00 · update #2
the problem is I was driving down the street with dinner for the family at 7:00 and don't need to waste an hour sitting on the side of the road for doing absolutely nothing wrong
2006-11-06 04:15:33 · update #3
They need more probable cause than a nervous look. Proving a civil rights violation can be very difficult unless you can document the cop's action.
2006-11-06 04:11:35 · answer #1 · answered by Anonymous · 4⤊ 1⤋
I got asked by the cops once about my identity while i was talking on a payphone - i was at a Mickey D's and had a bright orange 10-speed. The cops said they were checking cause i "fit the description of a bank robber". I knew they were FOS and just checking me out for warrants or whatever , even though i've never been arrested. Probably the same in your case - we were harrassed , they'll do / say anything to check someone out and they can get away with it. Theres nothing that can be done about it, except laugh at them for not being able to reel in a failed attempt at catching a "big fish".
2006-11-06 15:10:49 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You didn't say where you are from. Usually, a cop will try to find a minor infraction to pull you over, but I believe they are allowed a certain amount of leeway to pull you over, unless racial profiling or something like that were involved. At any rate, even if the cop was wrong to do it, he won't get in any trouble. If he found something after pulling you over, you probably won't have a get out of jail free card for it, but it is worth mentioning to your attorney.
Cops do this all the time. I've heard that they can't stop you for more than an hour without deciding to charge you or let you go, but that could be an urban myth. I did get one to leave without a search by saying 'last time I checked it's still a free country', he replied with a 'doing my job' argument, told him he can't pull people over and expect to search their car for no reason, he told me he pulled me over for a missing tag, I told him to write me a ticket, let me go, or tell me why a missing tag or anything else he could see makes him think he needs to search the car. He argued a bit, and eventually let me go. (He wouldn't have found anything, but I think that submitting to a search without a warrant where the cop could not get a warrant if he tried is something that no American who loves freedom should do--if this ever ceases to be a free country, it won't be because of some dudes from the middle east, it'll be because we gave away our freedom to the government.)
2006-11-06 12:14:43 · answer #3 · answered by wayfaroutthere 7 · 2⤊ 0⤋
They need a "reasonable and articulable" suspicion. They most likely need more than you looking nervous. Were there other behaviors the officer saw? Did you violate any laws...even minor equipment failures such as unlit license plate or object hanging from rearview mirror?
If the tinted windows were illegal where you were stopped, that would be a legal basis for the stop.
2006-11-06 12:10:22 · answer #4 · answered by monsoon05 2 · 4⤊ 1⤋
If it's true that he couldn't have seen you looking any sort of way, because you have tinted windows, and your tint is legal, then I would go to the police station and file a report. Yes, you have the right to do that. Tell them you wish to file a report regarding harrassment, if you wish to take it that far, and tell them you also wish to see the log report as to why the officer stopped you. If you have a lawyer on retainer, use his/her name and clip their business card to your harrassment report (of course notify your lawyer). This is all going to take time and trouble, so be sure you want to pursue it.
2006-11-06 12:20:18 · answer #5 · answered by Anonymous · 1⤊ 0⤋
They interpret 'nervous' to be 'suspicious.'
My question is "How did the officer determine your nervousness?"
If your tinted glass blocked his viewing you, he had no idea you looked nervous. I just feel (Lord, forgive me!) he was being unkind to you.
That's not right. Your right to have tinted glass should be respected and he obviously had no real reason to stop you. You have the right to question his action at the time and take it up with his superior, just to be sure it did not happen again. Or you could ask your attorney for advice unofficially.
2006-11-06 12:39:19 · answer #6 · answered by SANCHA 5 · 2⤊ 0⤋
No one is suppose to pull you over for just the way you look; but it is done very frequently, and the State supports the unlawful action (especiallly in Texas!); and more so if you have any commonsense or dare to question action of State agent! In Texas you have no civil rights against such official misconducts. State agents, for almost no reason, can even kill you in Texas and get away with unjustified action!
2006-11-06 13:05:11 · answer #7 · answered by Netsbridge 3 · 0⤊ 1⤋
I got pulled once, the cop claimed i'd honked my horn at him, talked to me for about 5minutes then left. As there was no way I'd honked my horn at him and my car was full of my friends (all 18 and excitable) my assumption was that he just pulled me with that excuse jusy so he could smell my breath or look for signs of drugs/drink in the car, my assumption was that a cop can pull you for any reason, so long as they dont actually charge you with anything
2006-11-06 12:15:46 · answer #8 · answered by Anonymous · 2⤊ 0⤋
The true yes or no I am not sure but this seems to really bother you so I would call a lawer in the phone book and ask then report this police office beacuse no one desirves to be treated like ****!
2006-11-06 13:02:21 · answer #9 · answered by ?asker 3 · 1⤊ 0⤋
It would depend on the circumstances. If the officer could articulate the reasons he/she that they pulled you over then it would be okay. For example, if you are parked in an area where there have been a lot of break and enters and it is four a.m., an officer would be justified in stopping you "for looking nervous". It's all about how the officer subjectively saw the situation.
People either complain because they are getting hassled or they are complaining the police aren't doing anything. Sheesh.
2006-11-06 12:13:09 · answer #10 · answered by joeanonymous 6 · 4⤊ 3⤋