Police harassment in MN?

Question

Since Dec. 6th our son has been pulled over by our locale police 12 times 5 times in 1 weekend for the exast being too loud. After the 1st warning we ordered the new mufflers for his truck. The 5th time they gave him a ticket for noise. Even though we had proof that they were on order. Pulled over another time for a burned out headlight, another for a burned out tail light. Fixit tickets for these. Ticket for excebition driving, (going from ice to tar and the tires squeeled), speeding 3 miles hr. over the speed limit. Tabs not matching the plate (this was taken care of because of the person we bought the truck from) I can't even remember what the other 2 were for right now. My question is, how much is too much before it's concidered harrassment? In, our opionon it's already there. Is there someone we can contact to file a complaint. We live in a pretty tight comunity and working with the chief isn't really an option.

Answer 1

I am the President of Brainerd Lakes Area CopWatch. I can tell you there are some bad seeds out there; making the rest of the fine men and women putting their lives on the line everyday in the line of duty; just to have a couple make a mockery of justice.

I can help. If you email me...find it in my profile...I can point you in the right direction as well as refer you to a law office near your area that can handle this if a substiantiated case can be made.

I have worked with the Mn Attorney General, the Mn State Auditor, the Mn Insurance Advisors, AAA of Minnesota, the Republican Caucus of the Legislature; and I am still leading the charge in Minnesota against adminstrative speeding tickets and communities who enact them and believe they are above the law.

I read what most of the others have said. I agree with some of it, but I disagree with a lot of it.

Why did the officer not charge your son for all of the vehicle violations at one time? Why did the officer write a speeding ticket that can be easily be beaten in court? After the first warning for noise...tthe officer must not have had anything better to do than follow your son around. 5 times, that is harassment.

This is not a civil rights issue. This is a police misconduct issue and should be dealt with it looking at it in that matter. If you want to tackle this...remember you are going to be stepping on peoples toes. In a small town...and believe me I know what small towms are like...I used to be the Mayor of Pine River...small town USA.

Answer 2

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Answer 3

Well, seems there were a lot of infractions, and you son got citations for them. There is no rule that says if you get a ticket on this day, you can't get another one for so many days.

The exhaust issue is a big one, as many teens and young adults want their cars to be loud. That and window tint are common stops for young people. New mufflers ordered or not, he can be stopped each time he is "heard" driving that car.

The headlights and tailights are also citeable offenses. Usually you will not be fined if you get the matter fixed as soon as possible. And, yes ASAP means go to Autozone and fix it right away, not a few days later when you feel like it.

Did you see him go from ice to asphalt and spin the tires, or is that what he told you? More than likely he was doing a burnout and got caught.

As far as the 3mph over ticket. Depends on your local law enforcement as to whether there is a "cushion" in place, and the stipulations of that cushion. In my county, there is a 5mph cushion in non-residential areas. In neighborhoods and near school there is not one. Meaning, on a highway, if the limit is 55mph, you can go 60mph without getting pulled over. In a school zone or neighborhood, you better do the limit or less. I have seen where some will have a 10mph cushion, and some may not have one at all. Depends on where you live.

If everytime he was pulled over there was a legitimate offense, then there is no harassment. You're car/ truck should always be in proper working order when you drive it. If not, you can be stopped everyday if need be,

Answer 4

Well, perhaps they think he's an easy target since there's SO much wrong with the car? Are they searching every time? Doing brethalyzer? Then consider yourself lucky.
The problem is that they have probable cause for all of these violations.

There are things you can do; contact an attorney who regularly does "1983" litigation (named after the U.S. code section providing a civil action for violations of civil rights under color of state law 42 U.S.C. 1983). Provide documentation. The attorney will tell you whether you have a case, whether this could be taken care of administratively or through litigation, and what your chances of success are. Most of the attorneys who practice in this area will not charge for an initial consultation, and a successful 1983 claimant can get attorneys' fees from the government, so the attorney may decided to take your case on a "contingent fee" basis (where you don't pay fees unless you win).

Also, you might want to contact the local county attorney to file a report, if you can't talk to the local police chief. Of course, this MAY subject your son to even more harassment (especially if you do not live in Ramsey or Hennepin county). Talk to an attorney; she will be able to assess your options better.

Answer 5

If you think you are being harassed, talk to a lawyer.

Police can't just pull you over because they don't like you or want to harass you - they have to have legit reasons for doing so and there will be a record of every time your son has been pulled over. Talk to a lawyer about what is going on and see what he/she advises. 5 times in 1 weekend? As in 2 days? I'm in Minnesota and never heard on anyone getting pulled over that many times in 2 days. The exhibition driving I can understand, because if your son was driving on ice, he should have been more careful when going to tar. Speeding is speeding no matter how much over you are. The posted speed is the maximum speed you can go and they can pull you over for 1 mph over if they want to. Depends on where you get pulled over at. If it was in town where it's 30 mph, then you will get pulled over. All I can suggest is talk to someone and see what they say. Otherwise, go to court and fight the tickets. Good luck!

Answer 6

I want to make sure I got this straight. He got pulled over for:

(1) Loud exhaust several times. Probably means the exhaust was too loud.

(2) Headlight out.

(3) Tail light out.

(4) Exhibition of speed.

(5) Speeding.

(6) Registration violation.

Did I miss any? You can complain all you want but it sounds like every stop was based on legal probable cause and you are looking for excuses rather than fixing the problems. Try bringing the vehicle up to code and, odds are good, he won't get stopped any more. If he does, then gather up your evidence and go after that complaint.

Answer 7

You left out how many of the tickets were issued by the same Officer. If they were all from the same Officer, you might have a complaint for selective enforcement, HOWEVER, if the Officer can show that he/she issues a lot of these sorts of violations to a lot of people, that argument goes out the window also. Most of the charges you cite sound reasonable. I wonder about the excebition (I assume you mean exhibition) charge. Going from ice to tar, with your wheels spinning can create a bit of noise but most drivers are diligent enough to ease up on the loud pedal when that happens.

Answer 8

Well, in all of these circumstances, your son's truck (or his driving) had real problems, so I don't think there's any harassment at all.

Did you stop and think that maybe your son should have parked his truck and not driven it again until the new mufflers came and were installed?

Burned-out headlights and taillights are dangerous.

Speeding is speeding, whether it's 2 miles per hour over or 35.

Please teach your son to respect the law, and help be sure his truck and behavior both comply with the law at all times. Then you won't have these problems.

Answer 9

once you are in the system you are out of luck. The cops, as much as i hate most of them, are doing their jobs, for a change. The public, or at least the insurance companies who make the laws, are cracking down on "unsafe" vehicles, thus the new inspection laws in many states. I got pulled over several times for the loud exhaust before, its like a target. I fixed it, and it wasnt like i was driving around town cruising, maybe he was i dont know. In any case, he is driving a target, and in the system, he should expect to be pulled over.

Answer 10

Well you can always complain to the local government, or get an attorney and fight the tickets in court.