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Go to public place for police pullover - Good idea, or not?.

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gangle

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Georgia

I ask this because about five yrs ago, I was leaving a friend's wedding (after 3 beers in 3 hrs & weighing 180lbs, I thought I was safe) and got pulled over. DUI TF was called in and gave me the Fld Sbty routine. I asked the officer if video was running and he said yes. I saw the camera and red light on. To try making a long story short, I blew a .08 and he charged me w/ DUI, then wrote a huge report full of editorial liberties on how I was falling down drunk, etc.

In this jurisdiction .08 is "officer's discretion," so I had no problem (except for being extremely bummed-out) with the fact that I was arrested, since the law provided for such. What I did have a problem with, was the fact that he wrote a seething report that was 90% made up. When my atty requested a copy of the video, he was told that the camera in that car wasn't working. I told him that the officer had said the video was running. My attorney said that this jurisdiction had an audio policy as well, but when we requested the transcript to reveal the concealment of the V. tape, we were told that that the tape was being changed at HQ during the 2 hrs. I was being marched around and standing on one foot. So it came down to my word against his. When we got court the officer immediately suggested a plea to reckless and my atty said to do it, so I did.

I have a gay family member who was beat-up by police in the midwest. My brother's girlfriend was punched (requiring stitches) in the face by a cop for being a wise-ass.

I have had some very pleasant and professional encounters with police officers, so I don't have any bones to pick with them and truly respect and am grateful to people willing to do a tough job with most of society working against them and little recognition.

In light of the above, and the stories in here, and elsewhere, I have advised my wife and would personally prefer to proceed to a public place, especially one with video surviellance and preferably people if we get pulled over. I thought I would dial 911 on my mobile phone and inform them of my vehicle & location and ask them to tell the pursuing officer that I/she/we are proceeding to the nearest public place to stop.

Thanks in advance for any feedback

The question(s):
Is this illegal or an especially bad idea? Also, if searched against my will, can an officer prohibit me from video taping the process? I know that it'll anger some cops. But if most cops themselves don't inherently trust anyone, how can they expect others to? It is unreasonable to to solicit a witness?
 
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Son of Slam

Senior Member
gangle said:
I have advised my wife ...to proceed to a public place,
If she has not been drinking, I agree with that. The rest I have no comment on. It's a tough world when they say, a good police department is one that arrests more criminals than they hire.
 
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gangle

Guest
We both follow a one drink per outing policy these days when driving car or boat.

We don't want to ever be in a my/her word against theirs siutation again now that I've seen first hand how they can make stuff up to get the upper hand.

To my second question, can they prevent me (legally) from video taping a search if I have a camcorder in the car?

Thanks
 
depends on the state I believe. in many states it is illegal to tape record a cop without their knowledge. not sure if this applies to video taping by a third party.

the "public place" is a good idea as long as you don't make the cop follow you for an extended period of time and you haven't been drinking.
 
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GodsOther

Guest
Crazyhorse said:
depends on the state I believe. in many states it is illegal to tape record a cop without their knowledge. not sure if this applies to video taping by a third party.

the "public place" is a good idea as long as you don't make the cop follow you for an extended period of time and you haven't been drinking.
I have done quite a bit of searching and consulted with some local LEO's here in norfolk, although they prefer NOT to be filmed and generally will request that you shut off the camera, however if you infom them they are being filmed it is not illegal to film them provided you keep a distance consistent with allowing them to perform their duties. The key here is that you MUST inform them they are being recorded although the converse (them infoming you you are being recorded etc) is not required.

http://www.boston.com/news/daily/13/police_recording.htm

I realize you are in GA but I would tread lightly with filming of LEO's
 
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GodsOther

Guest
I AM ALWAYS LIABLE said:
GodsOtherSpitoon says:

'Swimming pools have filters to keep scum and waste out what about the gene pool?"

GodsOtherAnalCavity needs some help!

Thanks for the bump IAAL! rock on!
 
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hattmall

Guest
What if there were a sticker somewhere on the car in plain view that said the car was being VideoTaped and audio recorded at all time. Like if you have a camera in the car and audio recorder in the car. Would that make it legal?
 

I AM ALWAYS LIABLE

Senior Member
GodsOtherDevil says:

'Swimming pools have filters to keep scum and waste out what about the gene pool?"

GodsOtherAnalCavity needs some help!

Post on!!! By all means you merely prove yourself to be a post whore as well as of no actual help to anyone!

IAAL
 
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