PDA

View Full Version : So ya uhh VA State Troopers ruined my night(illegal search?/clarifications?)



FluffywhiteM3
11-03-2009, 02:55 AM
Please keep in mind through this story, that I am a very respectful looking 16 year old Caucasian male. I was wearing puma shoes, cleanly cut jeans, a subaru t-shirt, and a fleece jacket. My hair is short and cleanly kept, and I have no piercings. Nothing makes me stand out as a rebel or any sort of a threat. I also live in a good area of the suburbs, and was pulled over in a nice area near a shopping center.




Alright well it was a pretty normal night, I was on my way home from having my car aligned. I was at a light at the end of the exit ramp about to turn left onto a 4 lane divided highway. As I turned onto the stretch of road, I noticed a trooper parked in the median. My radar detector may or may not have gone off, but I saw him regardless. My exhaust was unbolted before the muffler because I was replacing the donut which seals everything. The exhaust was not hanging, it was secured, but it was loud. So I was very careful to shift at 2k rpms until I worked my way up to 5th gear as I passed the officer. I passed him at almost 45mph and the speed limit was 45mph. I saw him fly up behind me, by the point that I knew what was going on I had reached where the road merged to one lane. Well I was forced to choose one of three options, I apply the brakes very hard and risk the officer rear ending me, I could go off into gravel which was very close to a ditch, or I could drive slowly for the next mile until I knew there was a safe place to turn off. So I acknowledged that the officer was there, but the only option I had at that point was to keep going or turn into a driveway because now it was a 2 lane highway with no median. Well this officer proceeded to use his sirens, then his spotlights, then flash his highbeams as if I didn't see him there. While I was driving 35-40mph with no where to turn off. By this point, I had removed my radar detector and attempted to conceal it under the passenger seat. As the officers approached I put my hands on my wheel, turned off the radio, and put my cell phone in my lap. One officer went to the right side of my car and one to my side.



Officer: What took you so long to pull over?

Me: This was the first place I felt it was safe and lawful to stop.

Officer: Whose car is this?

Me: My car sir.

Officer: Not your parents or a neighbors or something?

Me: No, it is my car sir.

Officer: Alright(shines flashlight in vehicle)

Officer: Did you pull anything out of your windshield before I stopped you?

Me: I do not know what you are talking about(thinking I was properly using the 5th amendment and not incriminating myself)

Officer: License and registration please.

Me: I announced that my wallet was in my back pocket and that I was going to reach for it.

Officer: What is that between your legs?

Me: My phone(I hand him my license)

Me: I then announce that my registration is in my glove box and I am going to reach for it.

Officer: Is there anything illegal in this vehicle I should know about?

Me: (Thinking he is referring to drugs or something) No sir.

Officer: Step out of the vehicle.

Me: Yes sir

Officer: Please go to the back of the vehicle and put your hands on the trunk. He begins to frisk me and asks if I have weapons, he also kicks my legs further apart.

Me: I reply no I do not have weapons

Officer: I gave you two chances not to lie to me about the radar detector, he goes and opens my passenger door and retrieves it from under the seat. He had seen it when he shined the light in the back seat, it wasn't fully concealed.



At this point there are now two state troopers and two squad cars present. The officer wants to know if I have anything illegal in my car. Then he says I lied to him twice so he can't trust me anymore and makes me stand by the curb with one officer as he is shining his flashlight throughout my car.



Me: I tell the officer I do not consent to him searching my vehicle because I do not believe he has probable cause

Officer: He then holds up the radar detector

Me: I do not believe that is probable cause to search my vehicle sir

Officer: No you are correct. I am going to give you two options, either you plug this device into your vehicle and let me see that it is in operational condition, or I will "rip that wiring harness" out of your vehicle and power it up in mine.

Me: Am I required by law to do either of those sir?

Officer: Yes.

Me: I will turn it on for you in my vehicle then.



I go and plug it up in my vehicle, and when it turns on it says "service required" and just beeps. At this point I am thinking in my head it decided to break now. The officer then has me turn it off and then back on. I do as he says and he goes to his car to use his detector detector. Well once again it says "service required". He gets frustrated at this point and starts pushing buttons and thinks I am somehow trying to trick him. The officer then takes the detector back to his vehicle and tells me to stay in my vehicle.



At this point, my mom shows up along with two more troopers. I stayed in my car for about 30 minutes with the officers standing around back by their cars. It is 40 degrees out, I can't start my car and I have the windows down, I am shivering at this point. Then the officer finally comes to my window and tells me that I need to remove myself from the vehicle once again. He tells me I need to stay next to his squad car and face the officer who was standing in the opposite direction of my vehicle. Then they tell me they have brought the k9 narcotic dogs to smell my vehicle. Well they are trying to make me keep my back to my vehicle, and I ask to turn around. Officer says it's alright so I watch, both of my doors are open and the dog is walking around. Then the officer frisks me again and wants me to empty my pockets.



Officer: Do you have any illegal drugs in the car you would like to tell me about

Me: No sir

K9 officer: Do you smoke marijuana, do you have friends who smoke mj, or ever let anyone in your car smoke?

Me: No sir I am not a smoker, and this car is my baby, there is no smoking in my car nor food or drink.

Officer: Have you ever smoked marijuana or done illegal drugs?

Me: No sir.

Officer: Well we are going to search your vehicle because the dog picked up a scent.



Well I never saw the dog do anything besides walk around the vehicle normally, I never saw any sign of the dog recognizing anything. While one officer searches the vehicle and goes through EVERYTHING, including pulling out and examining a condom I had stashed away under my cd deck in my trunk. By this time I have seen several of my friends/their parents drive by in shock(they all know my car) and there are 4 state police cars and two officers searching my car. During this time, I had a very nice conversation with the K9 officer, who was the first one to ask me anything polite like where I went to school and what sports I played or anything. Like geez I'm not some criminal, I'm a 16 year old kid with a radar detector and a modified car. The officers find nothing in my car, then they proceed to ask about my modifications.



Officer: How much did this body kit cost you?

Me: I have not done any body mods sir.

Officer: What have you done to the suspension then?

Me: It is an aftermarket suspension sir.

Officer: You do know your tire is rubbing your fender.

Me: Yes sir, I am aware, it is not currently doing that, it is from with more than one person in the car, and before fender work. I plan to do more work to fix this later on this week.

Officer: Why do you not have a front plate on your vehicle?

Me: My front plate is under my seat, it was hit and bent in a parking lot, and I have not had time to get a new one yet.

Officer: What does "SRS-BZNS" mean, and why do you have another plate under your seat?

Me: I told him what it meant, and told him the plate was from when I first registered the car, and then a week later I purchased the vanity plate.



Then he went and looked at the front bumper but did not measure anything. Then he shined his flashlight under my car in several places and running his hand under the vehicle.



Officer: Why are there zipties on your exhaust?

Me: It is undone because I am missing a seal that I need to replace tonight or tomorrow, the zipties are just holding the clamps so that they do not rattle.

Officer: Oh alright, well you have a seat in your vehicle and I will have your summonses in a moment.



Well an hour and a half has passed by of me on the side of the road, and at this point I am really freezing, I am shivering and my teeth are chattering, but I can't go to my mom's car 10 feet in front of mine with the heat on. And I can't start my car either. So I sit there, and it takes another 30 min before the officer leaves his car. He comes up to my window and then says he is going to go inform my mom of what is going on and then come talk to me. He comes back to my car.



Officer: I am issuing you 4 summons that I need you to sign, they are prepayable or you may go to court. Please sign on the X's

Me: Yes sir.



Citations:

1. Possession of a radar detector
2. Improper exhaust
3. Altered Suspension
4. No front plate

This all seems like it was a bit fishy to me and I feel that this may not all have been done by the books. There are some very knowledgeable and experienced fanatics in matters like these and I would really appreciate your input. I have recapped the incident to the best of my abilities while being very detailed hence the length. I believe the altered suspension ticket will be dismissed, because the law states the top of my bumper must be 14-22 inches off the ground and that the wheels can not come in contact with the body of the car, and the top of my rub strip on the front bumper is 16 inches and I do not rub the lips of my wheels. Several of my friends have also had the front plate dismissed by date stamping a photo with it attached and showing your compliance. But I would really like to here what some of you have to say.

Travis
11-03-2009, 03:06 AM
Holy shit. tl;dr

325irollin
11-03-2009, 03:13 AM
So you got 4 tickets?

I think some of those should be warnings at least, unless you've already had warnings for them. Cop sounds like a dickhead.

I didn't use my blinker, had been drinking, and had an open bottle in the back seat. Got off with a warning after a search of me and my car. Cops can be really nice or really mean.

codytheoutlaw
11-03-2009, 03:20 AM
Holy shit. tl;dr

it wasn't that long, just a lot of spaces.

i don't know what to tell you other than welcome to the world of modded cars. getting pulled over is part of it. i got pulled over for "not using my turn signals in a red mustang". you can get all those tickets thrown out, so fit your car and move on. it sucks :(

FluffywhiteM3
11-03-2009, 03:32 AM
I feel like SeanDub right now. Where's that pic at? Someone please pshop my face and my wheels onto his car lol.

BADwayz
11-03-2009, 05:30 AM
Seems like they had every right to do as they did, the cop was just a real prick. Most cops wont take the effort to hassle kids to that extent, he must have had a hard on for you for some stupid reason. Ive had it happen to me a few times, and even now that Im 31 I still have cops fuck with me, just not as bad.

BTW, Ive been pulled over somewhere around 200 times and out of those times, Ive only recieved about 20 tickets since 16. When I was 17, I was once pulled over 42 times in one month (only 1 ticket). Sucks to roll hard.

Jamil
11-03-2009, 07:37 AM
42 times in a month?!?!?! WTF WERE YOU DOING?!?!
damn tho man, you've been having some bad ass luck!! shit, i wouldve lied out of my ass and sounded like an innocent little kid, works everytime, that or make them feel stupid so you can file a complaint on them at the station. Believe it or not, your encouraged to file complaints on police officers for some reason, especially if they were rude. However in your case, i dunno what else you can do besides complain about exactly what happened and pay that shit lol=x shouldve told him about the radar and lied about the car like something happened to it earlier that day and you were just trying to get homelol. ok enough writing its 4:40 am over here

Bimmerteck
11-03-2009, 09:59 AM
So you had a radar detector, and no front plate, either gives them cause to pull you over in VA, and they don't take radar detectors lightly. Had you not lied to the officer I doubt he would have pushed as hard, But it seems you were breaking most/all of the laws he wrote you up for except for possibly the suspension. By answering "no" to the officer first question you blantantly lied to him. You reasoned that saying "yes" would incriminate you.What if you had said "I don't know"?

I was driving through VA last year and pulled over for having a radar detector. I was asked the same question but instead I played dumb, my response, "I have a radar detector, are those illegal?" yes sir Radar detectors are illegal here in VA. I can either write you a ticket or confiscate it. I handed "it" over. What the officer didn't know is that my concieled V1 had tripped his gun, and that the $29 cobra mounted on the windshield from wally world wasn't the detector I was using. He didn't ask if there were any other detectors so I never lied, he just pointed and said he was going to have to take that. :D

If a cop asks "do you know why I pulled you over this evening?"
No sir.

If a cop asks you how fast you were going-
always answer that "No, unfortunately you were looking at the road not your speedomoter" (politley)

If a cop askes if you have a gun-
Honesty is key here no fudging this one.

If a cop asks about modifications to your car-
you didn't know it was illegal but will correct it.

If they ask if you saw the speed limit sign-
No, that would prove you knew the speed limit, if you don't admit it they can't prove what you did or didn't see.

If stopped for a long time ask if your free to go, if not ask if your being detained, if the answer is yes, ask to contact an lawyer immediately. if the answer is no, repeat the am I free to go question.

OMG TSX
11-03-2009, 10:36 AM
dam.
a day in the life of a car modder.
i feel your pain bro.
a week after i dropped my car and put the wheels on i got pulled over 3 times in one week but only one tint ticket.
wait. its illegal to have a radar detector in va?

vdubkid
11-03-2009, 12:28 PM
I probably would have just said that I have a radar detector, but then again I'm very rarely in VA so idk what the fine or whatever is.

I've never been pulled over for anything other than speeding. Guess I'm not low enough.

TrUcKeR
11-03-2009, 01:12 PM
And next time you are asked to step out of the car, put your windows up and lock the doors upon exiting.

LuckyBoyOne3
11-03-2009, 01:19 PM
Sounds a little harsh, then again I've been pulled out of a car at gun point for a "no front plate stop", then had pictures my tatoos and finger prints taken by a gang unit. It was profiling and I filed a complaint with the PD (which is about all you can do short of a lawsuit which you WILL lose).

I agree though if you lie to an officer you are asking for trouble no matter how dumb it may seem to you, he is just trying to do a job and that job happens to be enforcing laws we are breaking (knowingly or not), it then becomes our job to not get caught and smooth talk our way out of it when we do.

JSanders
11-03-2009, 01:24 PM
If they ask if you saw the speed limit sign-
No, that would prove you knew the speed limit, if you don't admit it they can't prove what you did or didn't see.

Bad advice IMO, shows that you are unaware of your surroundings, definately not a trait you want to portray when caught speeding.



Everything the cops did is within the legal arm of the law, even though they don't seem reasonable. Some of your action just brought out the worst of the cop and he exercised his rights.

Driving a mile before pulling over: I'm confused, there isn't a shoulder or grassy area on this road, just a straight drop off? If you just keep driving, they don't know if your stalling to hide something or thinking about running, etc.

Don't every make it look like your throwing something under your seat. I forget what it's called, but that alone is enough probable cause to have your vehicle searched.

abest521
11-03-2009, 02:21 PM
Thank god in Michigan radar detectors are legal and we dont need a front plate. Feel bad for ya. GL with the tickets.

Bimmerteck
11-03-2009, 02:43 PM
Bad advice IMO, shows that you are unaware of your surroundings, definately not a trait you want to portray when caught speeding.



Depends on how bad the infraction was really, here there are departments that have pulled me over for 5 mph (or less) over the limit, obviously if your doing 100 in a 65 that isn't going to fly B/C the speed limit couldn't have been that high, but get popped for 40 in a 35, and say you didn't see the sign. In court kindly explain to the judge you though it was 45mph zone, chances are you get traffic school or probation. better than a stuck ticket. I have gotten out of more tickets in court than I ever have on the side of the road, but I would never admit guilt. It's as good as them witnessing the violation, in court. I also always take notes when pulled over, if you knew the conditions better than the officer he's screwed. I had an officer write me a wreckless endangerment ticket b/c I did a donut in an empty parking lot. The judge threw the ticket out b/c the officer, when asked, "who I was endangering?" stated that I was in an empty parking lot. The judge wasn't happy about it but it was dissmissed, no points no school, b/c I consulted counsel, and asked the right questions.

The best way to stay out of court is always to use common sense. :)

RedE46Bimmer
11-03-2009, 02:55 PM
Dude VA police blow. I was driving throught there once and I got pulled. I passed a cop sitting on the opposite side of the highway an I noticed him really staring me down. 5 mins later he comes flying up behind me because of my EU plate on the front. the car is registered in NC where we dont require a front liscense plate. he asked me what it meant and where i got it and then when he saw my liscense was NC he said my bad and left lol. He went well out of his way to do nothing lol.

Sucks about your run-in tho dude.

Ollie
11-03-2009, 03:29 PM
Wow, you sound like me when I was 16. Shit sucks bro. You just gotta deal with it. I can't tell you how many times I've been pulled over and asked to search the car. I always tell them they do not have consent to search, and always close the windows and lock the door when stepping out of the car.

I've had a few run ins with the K9 unit too and they seem like total BS. They took the dog forced it to smell inside the car and then automatically claimed that the dog smelled something when really they just forced it inside the car.

My favorite time though was in my hometown which is a small town:
me: I do not consent to any searches.

cop: Well then I guess you don't mind if I call the K9 unit.

me: Not at all.

cop: **gets on radio** I'm gonna need a K9 unit here.

lady on radio: That's a negative. We don't have any K9 units around at 1 in the morning.

:rofl I tried soooo hard not to laugh.

schroedin
11-03-2009, 07:13 PM
lady on radio: That's a negative. We don't have any K9 units around at 1 in the morning.

:rofl


Dude fuck VA cops, sorry about all that shiz man.

schroedin
11-03-2009, 07:38 PM
Oh and I'll just leave this here.

http://i293.photobucket.com/albums/mm68/aschroeder92/64adf691de84bf.jpg

:rofl

FluffywhiteM3
11-03-2009, 09:42 PM
gahhhhhahahaha where did you find that picture of my face. That's hilarious!

schroedin
11-03-2009, 10:37 PM
SW creeping mang. It was necessary to complete the picture :rofl

e.shell
11-04-2009, 08:48 PM
sorry to hear that man... being polite is the best thing you can do in those situations

Tuck&Poke
11-04-2009, 09:22 PM
you definitely f'ed yourself in the A when you lied about the radar detector.

hopefully most of that shit gets thrown out

airmax
11-05-2009, 12:54 AM
you definitely f'ed yourself in the A when you lied about the radar detector.
+1

a few bucks isnt worth the waste of time IMO.

"Officer: Did you pull anything out of your windshield before I stopped you?

Me: I do not know what you are talking about(thinking I was properly using the 5th amendment and not incriminating myself)"

this really got the cop wanting to get you for something. even if it was just waste your time. he saw you and you lied. that will never get you anywhere with police.