Arrested illegally, how hard will it be to sue the police?

[Raptor13x]

What is the name of your state? Michigan

I was pulled over for a "loud exhaust" by a Centerline police officer, in the city of Warren, more than 3/4 of a mile outside of his jurisdiction. He didnt even pull behind me until half a mile outside his jurisdiction. I was extermely polite and non-threatening throughout the entire encounter, and I was wearing a business suit, so I'm not some troublemaking little kid. I asked to see the officer's decibel meter, which he refused to provide. The officer asked for my license, which I did not have, so I explained a very ligitimate reason why I did not have it, backed by actual law. The officer told me to get out of the car, he was placing me under arrest, so I asked to see his warrant. He refused to provide a warrant, stating he "doesnt need a warrant". I explained that he DOES in fact need a warrant to arrest someone, unless it is a case of imminent danger to human life. I explained that the 5th amendment to the Constitution, which is the supreme law of the land, overriding all other laws, states in part that a person shall not be deprived of life, liberty, or property without due process of law. Arresting me would deprive me of liberty, and towing my car from its current legal parking space would be depriving me of property. A police officer doesnt constitute due process of law, and therefore if he attempted to arrest me, he would be guilty under Title 18 section 242 of the US code for "Deprivation of rights under color of law". He proceeded to accuse me of threatening him with violence if I did not comply(I was speaking in a calm voice and conducting myself in the most non-threatening way it is pretty much physically possible to do..), and in the process, he threatened me with physical harm. After he threatened me, I got in the back of the police car, and we went to the police department. He also never read me my miranda rights.

So.. as I see it, he is guilty of multiple counts of Deprivation of rights under color of law, and possibly other offenses, I'm not sure. What should I do in this case? And what is the best way to file a lawsuit and keep the judge from being biased towards the police officer like normal?

 

[divgradcurl]

Is this post a joke?

"I explained that he DOES in fact need a warrant to arrest someone, unless it is a case of imminent danger to human life."

You're kidding, right?

 

[harbor14]

Rotflmao!!!!!!!!!!!!!!!!!!!

 

[coosi]

So.. as I see it, he is guilty of multiple counts of Deprivation of rights under color of law, and possibly other offenses, I'm not sure. What should I do in this case? And what is the best way to file a lawsuit and keep the judge from being biased towards the police officer like normal?
?

***Contact the ACLU immediately.

 

[Shay-Pari'e]

What color was your suit? That makes all the difference.

 

[Son of Slam]

What is the name of your state? Michigan

I was pulled over ... outside of his jurisdiction.

I was extermely polite ..I was wearing a business suit

I asked to see the officer's decibel meter, which he refused to provide.

I asked to see his warrant. He refused to provide a warrant

He also never read me my miranda rights.

What should I do in this case?

***What can I say? You have said it all.

 

[Son of Slam]

Other quotes by OP

I found this one;

Why do I care about this?


Because if I can find somewhere that says traffic laws apply ONLY to motor vehicles, then all traffic laws become null and void with non-motor vehicles.


Title 18, Section 31 of the United States Code defines "motor vehicle" as a:

carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

Section 31 also defines "used for commercial purposes" as the:

carriage of persons or property for any fare, fee, rate, charge, or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.


Just that right there means we dont legally need a drivers license, insurance, registration, license plates, etc to operate a car on the road, so long as we arent transporting goods or passengers for hire. Why dont you need a drivers license?? Because "driver" is a legal term, meaning "someone who operates a motor vehicle". Therefore legally if you operate a car used for non-commercial purposes, you are not a "driver", and have no use for a driver's license.

And if I can find somewhere that states traffic laws are only applicable to motor vehicles then we would have a perfectly legal and legitimate loophole around those rediculously stupid traffic tickets, which if you ask me, are unconstitutional.

 

[n_and]

You know what, buddy? You got pulled over for having a loud exhaust. That can be a danger to the atmosphere, as well as the air we breathe. Rather than take either [a] a warning, or a ticket, you became a smartass, and were arrested because of it.

Just that right there means we dont legally need a drivers license, insurance, registration, license plates, etc to operate a car on the road, so long as we arent transporting goods or passengers for hire. Why dont you need a drivers license?? Because "driver" is a legal term, meaning "someone who operates a motor vehicle". Therefore legally if you operate a car used for non-commercial purposes, you are not a "driver", and have no use for a driver's license.

No wonder you were arrested. I'm sorry, but you sound like a philosophy major. Law isn't philosophy, dear OP.

Just a side note: I'm from RI, so this is different, but I happen to have a flomaster exhaust on my car - very loud. (I'm a muscle head when it comes to cars, what can I say) I have been pulled over once by an officer for the loudness. I explained to him that, yes, I am aware it's very loud, told him what kind of exhaust it was, and promptly stated I would remove and exchange it that weekend. He smiled, and told me not to worry about it - I'm assuming because there are no toxins coming out of my exhaust. I have never been pulled over again. My point is, police officers are just like you, me, and everyone. Your exhaust was too loud. You haven't stated that it's any special kind. Quite simply, stop being Johnny Law Boy the smarta$$, and you wouldn't have gotten arrested.

Good Luck in the future.

 

[calatty]

You're out of luck, Raptor. The police don't have to have a decibel meter to stop you for excessive noise. You have to have a driver's license on you to drive and you didn't, so the officer couldn't let you drive the car and had to tow it. It sounds like maybe you have a suspended license too. He didn't need an warrant to arrest you for driving without a license, just probable cause. The officer did not have to read your rights unless he was interrogating you to get incriminating information.

 

[Raptor13x]

You're out of luck, Raptor. The police don't have to have a decibel meter to stop you for excessive noise. You have to have a driver's license on you to drive and you didn't, so the officer couldn't let you drive the car and had to tow it. It sounds like maybe you have a suspended license too. He didn't need an warrant to arrest you for driving without a license, just probable cause. The officer did not have to read your rights unless he was interrogating you to get incriminating information.

I wasnt driving, I was traveling. You only need a drivers license when you drive a motor vehicle.

And I am continuously amazed how useless this board is, this shall be my last post here. Good riddance to you all.

 

[coosi]

I was pulled over

I wasnt driving, I was traveling. You only need a drivers license when you drive a motor vehicle

**What am I missing here??

 

[JETX]

This idiot is one of them, thar 'posse comitatus' folks.
For some reason, he feels that the laws are made to PROTECT him only and do not APPLY to him. What a joke!!

In fact, I find it hilarious that he applies the laws to HIS warped interpretation... clearly contrary to what they say.

"A police officer doesnt constitute due process of law, and therefore if he attempted to arrest me, he would be guilty under Title 18 section 242 of the US code for "Deprivation of rights under color of law"."
*** Hell, he can't even get THAT right!!!

18 USC 242 (Deprivation of rights under color of law) applies "to different punishments, pains, or penalties," and has NOTHING to do with his situation... and in fact prohibits DISCRIMINATION due to "such person being an alien, or by reason of his color, or race,"

Here is the Code:
"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."

What a JOKE these dweebs are!!!

 

[HomeGuru]

I second the commotion.

 

[krispenstpeter]

Sorry Folks but I HAD to bring this back again.

Can I hear an "AMEN BRUDDER" on making this the post of the year????

 

[n_and]

Amen, Brudder!