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Title: Traffic Stop - "I Don't Answer Questions"
Source: [None]
URL Source: [None]
Published: Apr 8, 2013
Author: Kenny Suitter
Post Date: 2013-04-08 07:50:06 by Lod
Keywords: None
Views: 680
Comments: 25

Post Comment   Private Reply   Ignore Thread  


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Begin Trace Mode for Comment # 17.

#1. To: Lod (#0)

For all his "strategy" this guy ended up being ticketed.

Frankly, he was lucky. Some other motorists who have refused to roll down their windows or talk to cops have been arrested and charged with (and convicted for) obstructing police operations or something similar.

Shoonra  posted on  2013-04-08   10:12:53 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Shoonra, Lod, 4 (#1)

Bullshit, Shoo. This man did absolutely nothing wrong, never mind "obstructing police business." Had he appeared intoxicated, you'd have a point, but he doesn't, so bravo to this citizen.

Jethro Tull  posted on  2013-04-08   10:22:44 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Jethro Tull (#2)

Try this:

State v. Davis (Ohio App. 3/22/01):

oh.findacase.com/research...c.20010322_0001311.oh.htm/qx

Shoonra  posted on  2013-04-09   0:25:28 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 17.

#18. To: Shoonra, Jethro Tull (#17)

Different set of circumstances. Whether contrived or not the officer involved asserted probable cause to suspect the operator of the MV was intoxicated and thus operating a vehicle under the influence.

The stop was made at night not during daylight.

The proceedings issued from Indiana State law and one cannot presume a uniformity of law from state to state.

The circumstances and facts were both different.

There was no need in this stop for the person being stopped to roll down his window all the way nor to answer the cop's questions. His assertion of 4th Amendment rights was right and proper and, as evidenced by the Officer's eventual acquiescence, correct. There was no probable cause, other than pique, to take the driver into unlawful custody.

Original_Intent  posted on  2013-04-09 01:29:39 ET  Reply   Untrace   Trace   Private Reply  


#20. To: Shoonra, Original_Intent, 4 (#17)

Trooper Maughmer testified that when appellant looked through the window, his eyes were bloodshot and glassy. When the window was cracked, Trooper Maughmer could smell a strong odor of alcohol coming from appellant's breath as he spoke.

Here is the key difference between the cases.

Jethro Tull  posted on  2013-04-09 08:56:20 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 17.

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