Legal Question

[EarlJam]

When the Fuzz does run a plate, what information is he/she getting back? Obviously name, address, warrants, registration. Anything else?

-EarlJam

Social Security Number, Address, Phone Number, Facebook Password, Bank Account Passwords, Friends, Relatives, Likes/Dislikes... You know, the works.

Wow. That's a lot of personal information. Hmmmm. Oh no. I mean, um, hey, I wonder. You know, just for laughs (ha ha!), I wonder if, um, you know, by running the plates, the cops can tell if you have VD. Ha! Ha! Just wondering. Wouldn't that be ah, um, something? You know, if they could detect VD?

Do you think they can?

-EJ

[CameronBornAndBred]

not just for hippies, but for "decent folks like you and me".

Excuse me...I proudly claim both titles.

Did you listen to the song (or look up the lyrics)? "Decent folks like you and me" is stated ironically.

In the song, the Law, in the name of the "People" (meaning, of course, only the "decent folks") crucified the savior.

Cause the law is for protection of the People
Rules are rules and any fool can see
We don't need know riddle speaking prophets
Scaring decent folks like you and me - no siree

I was at work..haven't listened yet.

[CathyCA]

I'm a lawyer, but not a criminal defense lawyer, so this could all be wrong, but here's what I recall from classes/bar review on the topic:

A cop is permitted to run a license check on you any time with or without probable cause to do so. This is because (i) driving is a privilege, not a right, and (ii) you have no reasonable expectation of privacy in the public areas of your vehicle. To search your trunk, an officer must either have your permission or a warrant, but can detain you to obtain a warrant if you choose not to give permission. To get a warrant, he must convince a judge that he has probable cause to believe the trunk contains evidence of a crime/contraband/bad stuff.

Incidentally, our police chief addressed our Rotary Club and said we're getting a device with the capability to automatically scan and check every license plate it detects. He assured us that it would only be used for good purposes and not government surveillance of law-abiding citizens. If a small town (pop.<10,000) in a Tier 1 county in rural NC is getting one, I reckon bigger places already have them.

As for roadblocks, they don't have to stop everyone, but they usually do. Random stops are OK, but selective enforcement is not.

I was followed for 30 minutes by a State trooper a few weeks ago. I love me some cruise control!

Also, check out the song "The Law is for Protection of the People" - the lyrics are right on point here - not just for hippies, but for "decent folks like you and me".

What Johnboy said. . . with a caveat that I'm only affirming that this is the law in North Carolina.

BTW, I became a card-carrying member of the 3A Judicial District Criminal Defense Bar today. We had a luncheon meeting, and the waitress was trying to figure out how to distinguish all of the order tickets (she was using some sort of numbering system). I said, "Don't number mine. Just indicate that this is for the woman in the room." I was the only woman at the meeting. Eventually, another woman showed up, but I felt like some sort of interloper at the boys club.

For those of you who live in Georgia, you might want to check out J. Tom Morgan's book, Ignorance Is No Defense: A Teenager's Guide to Georgia Law. I read some excerpts on Facebook recently and found it to be very informative. Here is a link to J.Tom's guide to Spring Break: http://www.ignoranceisnodefense.com/blog/

[Johnboy]

I was at work..haven't listened yet.

Cool. I guess I shoulda given a

It's possible my tone sounded, um, brusque. It should not have been.

Incidentally, that album (Kristofferson) contains several great songs. I list it among the most under-appreciated albums of all time. The first six tracks (+ track #12) are amazing, and the rest is very good. IMO, of course. Some find that his voice takes some getting used to.

[CameronBornAndBred]

I was at work..haven't listened yet.

Cool. I guess I shoulda given a

It's possible my tone sounded, um, brusque. It should not have been.

Incidentally, that album (Kristofferson) contains several great songs. I list it among the most under-appreciated albums of all time. The first six tracks (+ track #12) are amazing, and the rest is very good. IMO, of course. Some find that his voice takes some getting used to.

No worries..I didn't take your tone as unintended..just haven't had a chance to listen yet.

[OZZIE4DUKE]

BTW, I became a card-carrying member of the 3A Judicial District Criminal Defense Bar today. We had a luncheon meeting, and the waitress was trying to figure out how to distinguish all of the order tickets (she was using some sort of numbering system). I said, "Don't number mine. Just indicate that this is for the woman in the room." I was the only woman at the meeting. Eventually, another woman showed up, but I felt like some sort of interloper at the boys club.

Congratulations Cathy!

[CameronBornAndBred]

Congratulations Cathy!

Ditto, that's cool!

[DukieInKansas]

Wilson - was the cop female? (Where's the leering smilie when you need it?)

[cl15876]

Wilson - was the cop female? (Where's the leering smilie when you need it?)

He might have had the MOJO working if she was a man!

[cl15876]

BTW, I became a card-carrying member of the 3A Judicial District Criminal Defense Bar today. ...

Congratulations my dear! Your professional prowess and intellect continue to amaze me! I think that is awesome, amazing lady!!!! P.S. There is MORE where that came from, You go AWESOME LADY!!!!

[rockymtn devil]

In addition to what's been said, a police officer does not have an absolute right to pull you over whenever it wants, for whatever reason it wants. As a threshold, a stop is only valid if the police officer has a reasonable suspicion that a crime has occurred or is occurring. If you deny the police officer consent to search your vehicle (there are exceptions to a warrant for stops, BTW), he/she will have to obtain a warrant. Now, at this point the cop will often try to keep you there until it has a warrant. This, arguably, turns the situation into a seizure (as opposed to a traffic stop), and certain 4th and 5th Amendment protections arguably kick in. In addition, if the officer begins asking potentially incriminating questions, Miranda is triggered.

As a judicial clerk, I would deal with DUI appeals ALL THE TIME. And argument #1 was always that the stop was not justified and, therefore, everything that came after it was fruit from the poisonous tree.

[colchar]

Cops are nothing more than little boys and girls on a state sponsored power trip. Assholes.

[Johnboy]

CathyCA - Congratulations! I can start referring Pitt county cases to you now, right?

colchar - some of them are, perhaps most, but most of the cops (like most of the people) I've gotten to know on a personal basis have been good people. Granted, it is, no doubt, a profession that attracts a lot of people who are on their own little state-sponsored power trip, but not all of them are assholes any more than all Canadians or cop-haters are assholes.

[OZZIE4DUKE]

colchar - some of them are, perhaps most, but most of the cops (like most of the people) I've gotten to know on a personal basis have been good people. Granted, it is, no doubt, a profession that attracts a lot of people who are on their own little state-sponsored power trip, but not all of them are assholes any more than all Canadians or cop-haters are assholes.

Let's be careful here, Johnboy and Colchar. No pissing matches allowed! Just remember, Christain Laettner may be an asshole, but he is OUR asshole.

[CathyCA]

CathyCA - Congratulations! I can start referring Pitt county cases to you now, right?

Absolutely! I prefer misdemeanors to felonies, due to time constraints. I can't spend all day in Superior Court waiting for one case to be called.

[colchar]

colchar - some of them are, perhaps most, but most of the cops (like most of the people) I've gotten to know on a personal basis have been good people. Granted, it is, no doubt, a profession that attracts a lot of people who are on their own little state-sponsored power trip, but not all of them are assholes any more than all Canadians or cop-haters are assholes.

While that may be true, in my experience they are almost all arseholes. Even those who aren't arseholes in everyday life certainly become arseholes when in uniform.

[Rolvix]

When the Fuzz does run a plate, what information is he/she getting back? Obviously name, address, warrants, registration. Anything else?

-EarlJam

Social Security Number, Address, Phone Number, Facebook Password, Bank Account Passwords, Friends, Relatives, Likes/Dislikes... You know, the works.

PWing status too?

Classified, I hope...

[cl15876]

...As a threshold, a stop is only valid if the police officer has a reasonable suspicion that a crime has occurred or is occurring.

Did you see CB&B back then????? I could see how they could exactly profile him back then, ..., and frankly I sit back and think... OMG... you country boys don't have a clue who you are messing with... Don't ever judge a book by its cover (no offense CB&B ), but they were stereotyping and deserved to be F'd with, but I don't blame you for NOT DOING IT! YOU never know what can happen... This thread has been very educational for me!!!!

[Miles]

Cops are nothing more than little boys and girls on a state sponsored power trip. Assholes.

Yaaaaaaaaaaay bigotry!

[CameronBornAndBred]

Cops are nothing more than little boys and girls on a state sponsored power trip. Assholes.

Yaaaaaaaaaaay bigotry!

That's not bigotry. Now...if he had said "white, Canadian cops of Scottish heritage are nothing more than....", that would be bigotry.