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Illegally stopped by police

Started by Sub-Sonic, November 25, 2014, 07:16:56 PM

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Sub-Sonic

Was taking the 'sport-tourer' to DMV today to have it registered. 

Background:

I obtained a 30 day "moving permit" from DMV yesterday after showing ownership docs and insurance.  They said I didn't need to display it on the vehicle, but if was pulled over to show the police the "registration" as the DMV clerk referred to it as.  In fact the instructions do not mention the need to display it on a motorcycle.  I signed and dated the "registration".

Today: I made a copy of it and placed the copy on the (stock) fender and taped it down securely with clear transparent tape.  I did this so if I came across any police, they could see the permit and not bother me. The "registration" clearly indicates in bold font the dates of issue and expiration 11/24/2014, 12/24/2014.

I left to go to DMV today, to register the bike.  Within a few blocks of my house, I encounter a Sheriff's marked Ford Interceptor at an intersection.  I come to the intersection make a right turn, use the turn signal, come to a full stop (exaggerated/prolonged) to emphasize the stop.  I make the turn and go on my way.
A block later, I notice a vehicle approaching in my rear view and suspect it may be the cop.  I stay below the speed limit, stop (prolonged) at two stop signs, signal within the appropriate distance of a turn etc.  Now the deputy had at least 2 close up views of my permit during this time, so I figure he got the information he needed and would move on.

A few seconds later, I notice his lights go on, so I pull over, turn of the bike and step off, casually displaying my palms (not overtly) so he can see I have no weapon.  At this point, I know I have not committed a motor vehicle violation and have proper/current license, "registration" and fully paid insurance.

The conversation goes like this:

Me: How are you?

Dep: Good, how are you? (as he approaches)

Me: Fine, so...what's the reason for the stop?

Dep: I thought your registration was expired (looking at it) thought it said expired 11/24/2014. (Admits misreading it.)

Me:  Just got it yesterday, it expires in 30 days.

Dep:  Yea, right, I thought it said expired (becoming embarrassed and a bit sheepish).  Can I just see your license?

Me:  You sure you need to see it?

Dep: (Don't recall exactly what he said, but affirms he would like to see it.)

I start digging around for my chest pocket, but can't seem to get it, as I've not worn this suit in awhile and still have gloves on.

He again says to the effect:  I thought your registration was expired.

While I'm trying to get my license out of a suit with gloves on, I make small talk to see if he'll just let me go on my way, as he should.  I mention I can't seem to get my wallet and ask it he really needs to see it.  He affirms again he would.  Finally I get it, hand it over, he reads it and hands it back and thanks me for showing it.


Bottom line, he didn't have a valid reason to stop me and once he realized this, should have let me go on my way, but insisted on seeing my license, probably hoping I didn't have an MC endorsement.

According to the U.S. Supreme Court

DELAWARE v. PROUSE, 440 U.S. 648 (1979)

police must have an actual valid reason to stop you, otherwise, it is a violation of the 4th amendment.

Discuss:




dub

NO QUESTIONS. AM I BEING DETAINED? AM I FREE TO GO?
Thanks to Sidi|Motion Pro|Vortex|Carters|Shoei for the support in 2019

Sub-Sonic

Quote from: dub on November 25, 2014, 10:12:23 PM
NO QUESTIONS. AM I BEING DETAINED? AM I FREE TO GO?

Yes, aware of this approach.  It worked out ok for a guy up in sparks, but went through a lot in the long run.

Tried to take the middle road, not putting up a lot of resistance, and seeing how far he would go to continue to violate my rights and dig a hole for himself.  After he realized he made a mistake, seemed like he was trying to cover himself by acting like it was a legit stop asking for the license, thinking I was a sheep who didn't know any better.


GreenMachine

I wouldn't have the guts to take a stand against any LEO, even though I know he's there to collect for the motorcycle road tax and I'm easy pickings.  I've seen videos though, where drivers going through sobriety checkpoints refuse to show their licenses on these same grounds and they always attract more attention and harassment.  They do get let off eventually without having to show any ID, but it's like you say, taking the middle-road gets you on your way quicker even though your rights have been violated.

I know for a fact that I would never put up the same type of resistance these drivers are doing, if I was pulled over again in Amador County (Jackson).  Been there and don't want to get involved in all that again.  Pay whatever extortion they demand and move on with your life...and hope they don't take a personal interest in making your life hell.
It's about taking in the most corners to your destination, not about the shortest, quickest route.

dub

Quote from: Sub-Sonic on November 25, 2014, 10:34:01 PMYes, aware of this approach.  It worked out ok for a guy up in sparks, but went through a lot in the long run.

I don't know if I would go that far. Eric wasted an aweful lot of time in court with basically nothing to show for it.
Thanks to Sidi|Motion Pro|Vortex|Carters|Shoei for the support in 2019

flamecrow

I'd most likely take my rights being violated vs being harassed, tackled or tazed.. still wouldn't be a happy camper though, that stuff makes me mad

RichVee4

Harassment??  Ever consider motorcycles get stolen and without a plate you caught his attention.  I would argue he was just doing his due diligence.
Live long and prosper \V/

Sub-Sonic

Quote from: RichVee4 on November 27, 2014, 09:13:44 AM
Harassment??  Ever consider motorcycles get stolen and without a plate you caught his attention.  I would argue he was just doing his due diligence.

Due diligence for a stolen vehicle would be to run the VIN through a database.  Didn't happen.

The valid registration with large bold font indicating the expiration date was clearly displayed and he had a good 10 seconds to observe it while stopped directly behind me at 2 separate stop signs.

Tahoebrian5

You shoulda showed him the YouTube of bucks lake.
"I'd rather have a bottle in front of me, than a frontal lobotomy." —Tom Waits

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