-you cannot be arrested (that is, taken to jail) for a traffic violation unless it is more than a minor misdemeanor. your standard moving violations all result in a ticket at worst.
-they cannot legally search your car without your permission unless they have probable cause or a warrant. a traffic stop does NOT constitute probable cause.





you're dead wrong and the fact that you know some cops doesn't make you right. later when i'm bored i'll look up the actual laws with a quick google search.

 

No you can't. Sure you could trump the charge up to something that has jail time if you are looking to haul someone in and be a prick, but just because police have a PRACTICE of doing something does not mean its legal.

We had protestors here holding political signs on an overpass and the cops had a PRACTICE of arresting them. The people had a right to protest and the cops gots sued and lost their asses.

Cops do stuff all the time that violates peoples rights and is not legal, but since it is too much hassle to get back at them, most people just let it go. Deos not mean the cops are doing it legally, it just means they will say "Hey, I am the cops so whattaya gonna do about it?"

 

6-1 Municipal code reference Traffic citations, etc.: title 15

City ordinance states that a written citation may be given IN LIEU of an arrest


though the point of my entire statement was more to show my dissatisfaction with people negative stereotypes

 

You can put whatever you want into city code, or state law for that matter, does not trump the constitution.

Most states have disorderly conduct statutes that say you can't do anythin that might offend someone. This is to try to give cops blanket authority to maintain order, but it violates the constitution and has been ruled unenforceable (see Cohen V California) if it violates free speech. I can call someones mother a dirty smelly whore if I feel like it and that would probably offend her. Does not matter what the state law says, right to free speech trumps it. Thats not to say some overbearing cop might not give me a ticket for it and hope I am dumb enough to plead guilty and pay a fine, but it could also result in a lawsuit for infringing on my rights and trying to punish me for what I say. A prosecutor is going to say I have usued unprotected "fighting words" but case law has made that impossible. It has to be something that "would make the average person come to violence. I could walk into a restaurant and say "You are all a bunch of dirty whores" and nobody is going to jump out of their seat to punch me in the face.

Their are limits to what you can say (threats of violence, and some sexual verbage if it meets the definition of obscenity) but anything that does not cross those narrowly defined limits may not be punished. The law is unenforceable if it violates constitutional protections, and those include unreasonable siezure of ones person.

Judges are inclined to let these things pass all the time if a person is unaware of their rights because they assume everone that comes before them is a miscreant, but if someone knows the case law or has a decent attorney then cops and judges back off these infringments real quick. By then the damage has been done and it is up to the individual to see if they want to invest the time to seek a judicial remedy. (sue their asses)

And lastly, police tend to THINK they have more authority than they do and abuse it because they usually go unchallenged. Some see these lawsuits where somebody suing the police over some silly thing as awful. I actually applaud them. If nobody went through the effort of actually keeping them in check for the minor infractions to our rights, it would be far worse than it is.

A cop will give you a ticket for something if you tell them they are a f'ing prick, but the US supreme court ruled (Lewis v City of New Orleans) that the police are a branch of the government and open to criticism and rebelling against the police is a protected form of free political expression. The court also wrote that allowing police to punsih people for calling them names would be ripe for abuse and the cops would start charging anyone with a crime that they did not like. That means you can get away with calling a police officer whatever the hell you want. Now, you'll probably get your ass handed to you by the cop and end up in court, but Lewis V New Orleans protects you from punishment by the state for saying it. Meaning, not guilty, no fine, no time, dismissed.

Ask your mother or father how long it would take them to pay out a lawsuit if they started hauling everyone in who broke the speed limit.

Anyway, I've rambled on about this too long already.

 

^

and it is sad how many people just don't get any of this and will bend over to do anything a police officer wants

 

[QUOTE=vader1,Jul 23 2009, 11:02 AM] You can put whatever you want into city code, or state law for that matter, does not trump the costitution.

Most states have disorderly conduct statutes that say you can't do anythin that might offend someone.

 

Actually there was a court case not too long ago where a women was arrested and physically taken in for running a stop sign, she lost in supreme court. I will try and find the exact case but atm my memory isnt serving me.

What pisses me off the most is that a police officer can do what ever he wants to you and god forbid you touch him your going away for a long time. Why is killing a police officer different than killing a non-police officer? That is so disrespectful to Families who have lost loved ones due to violence also. Police ARE trigger happy. Young kids just outa school are allowed to become cops? Bullshit.

 

Well enough educated people above my post have clearly stated the case of law. Running a stop sign is not a criminal offense, its a minor traffic infraction.... plain and simple and is also stated as so in the law books.

The cop has NO right to search you without a very reasonable probably cause. You may refuse the search, and if they violate due process, even if you are found with illegal items, it will most likely be thrown out of court anyways because your constutional rights have been violated.

Plain sight rule, keep your personal belongings out of sight and this further protects you against an unreasonable and unwarranted search.

I do, and admit, I have a very negative perspective against "MOST" cops. Its not just me, but I encounter ALOT of people every day in a professional environment and a majority share my negativity. Cops are not held accountable for their actions as they should be, you get rare cases where one may be made an example of, but thats only one example. Secondly, their power trips do not give them any right to disrespect and abuse citizens... there is simply no excuse or justification for this.

They have a reputation they have earned, and deserve the reputation they have earned. If they wanna babble and cry otherwise, then they need to be held accountable for their actions and obey the law just as someone without a badge would.

 

[QUOTE=S2Kage,Jul 23 2009, 12:20 PM] Actually there was a court case not too long ago where a women was arrested and physically taken in for running a stop sign, she lost in supreme court.

 

I'm wondering what happened..?