question about possible police harrassment

[Snowey]

What is the name of your state?What is the name of your state? Louisiana
Hi!
My son was arrested about a month ago for drug paraphanalia.(marijuana pipe)
so I am working with my son to show him there is a better way to live and to help him stay away from the wrong crowd.
My son is working with my builder building my house.so the other day the compressor ran out of gas so I sent my son to the store for gas.(the workers could not work until he got back)
We live in the country,the store is ten minutes away.
so when my son comes back with the gas ,a cop car is following him down my driveway with sirens on.
the cop screams flight from an officer!.they actually followed my son and saw him speed up on our road a mile and half from my house(there is no speed limit sign on this country road).they turned the siren on a half mile from my house ,it is very hilly so my son did not want to pull over until he got to the house.
When they got to the house I explained to the officer that I just sent my son to the store.but the officer said he has to arrest him for flight from an officer.
Shouldn't the officer have common sense to see that he was not fleeing but stopping in his own driveway?
The other officer that handcuffed my son said"what did you do with the drugs did you throw them out the window"
they searched his car and did not find anything!
My personal opinion is that they saw his car and knew who he was,they saw him speed up and thought he had dope so they just wanted to search his car.
My son was working! ,I sent him to the store! .
Is this harrassment?Is this targeting him ?Should I file a complaint or get a lawyer?
any advice Carl? what is the proper procedure in this situation?

[JETX]

Originally Posted by Snowey

Shouldn't the officer have common sense to see that he was not fleeing but stopping in his own driveway?

And how was the officer supposed to know that while pursuing him, very likely at a high rate of speed, for the "mile and a half" that your son tried to elude.

My personal opinion is that they saw his car and knew who he was,they saw him speed up and thought he had dope so they just wanted to search his car.

MY personal feeling was that he was more likely speeding and when they tried to stop him, he took off.

My son was working!

No he wasn't!!! He was driving... which is what got him in trouble. If he was 'working' he would have been WITH you!!!

Clearly, you have a skewed version of the facts.

Is this harrassment?

Nope.

Is this targeting him ?

Nope.

Should I file a complaint or get a lawyer?

File a complaint with who??? Your post doesn't show anything wrong by the officers.
Get a lawyer?? Yep. Your son is going to need one. Oh, and you might consider putting him on retainer. It might save you money with the trouble that son is likely going to have.

[CdwJava]

Originally Posted by Snowey

any advice Carl? what is the proper procedure in this situation?

I gotta go with JetX here. There doesn't seem to be anything in your post that might indicate that anything was done improper. I just don't buy an argument that he did not want to stop in the hills. And if he had some valid reason for not wanting to stop there, he'll have a chance to explain it in court.

He's likely to need an attorney. And you may consider staying with him when he leaves your property. If the police ARE trying to "target" him for some reason (and possessing a marijuana pipe is really not that big of a deal - certainly not enough to make me want to hassle someone), then your presence might prevent that. And if he is causing problems, your presence would prevent that as well.

It could just be that he is not ready to be outside your direct supervision.

- Carl

[Snowey]

Hi
Thanks for your advice.
The officer knew who he was,knew his car,knew where he lived before they stopped him.
This is an officer that has harrassed my 2 sons before ,it is a small town.
My son goes fast on our road anyway(which I told him before to slow down)They did not turn their lights on until a HALF MILE from my house where there are big hills and curves in the road.
My son was not doing drugs he was working all day!
So you do not think that their attitude was wrong by saying ,where are the drugs,did you throw them out the window.obviously that is what they wanted to find!
They could have used common sense and warned him that he was driving too fast.THERE IS NO SPEED LIMIT SIGN ON THIS ROAD.he said he was going 67 ,when usually we drive 55.
The officer told me that they were stopping him because he failed to turn his signal on when he made the turn on our road.this is a country road ,I told him nobody ever turns there signal on there.(I said I guess now you know where to go to give out tickets)
These officers were the SCAT TEAM out there to do drug bust.
We just have never had this happen before and thought it was strange.
We do not do drugs so we do not have anything to worry about but I am driving my sons car now and they have no reason to stop me and if they do ,I know they have targeted his car.
Thank you!

[CdwJava]

Originally Posted by Snowey

They did not turn their lights on until a HALF MILE from my house where there are big hills and curves in the road.

He is still required to yield. And a half mile is a long way to travel. I know that I get concerned when people pull in to their driveways - whether I know them or not ... it becomes a place where the officer is going to feel a little uneasy - and this is not a good thing.

My son was not doing drugs he was working all day!

Okay. But, he was not WITH you all day, either. He left to run an errand. There IS the possibility he may have done something or bought something while he was out. Probably not, but there IS that possibility.

So you do not think that their attitude was wrong by saying ,where are the drugs,did you throw them out the window.obviously that is what they wanted to find!

Wrong? No. If I'm talking to someone with a known history of drugs, I may ask him a question off the cuff as well. The idea is that sometimes you will get, "Yeah, I didn't think you saw that." Asking is not the same as charging someone with it.

They could have used common sense and warned him that he was driving too fast.THERE IS NO SPEED LIMIT SIGN ON THIS ROAD.he said he was going 67 ,when usually we drive 55.

That is a defense in court, but not necessarily binding on the officers if the speed limit is 55. Plus, I assume that LA has an unsafe speed statute of some kind as well.

The officer told me that they were stopping him because he failed to turn his signal on when he made the turn on our road.this is a country road ,I told him nobody ever turns there signal on there.(I said I guess now you know where to go to give out tickets)

It depends on how the law is written. In CA it is essentially written to say that any turning movement that can effect other traffic must be accompanied by an appropriate signal. Whether others do it or not is not an element of the offense here. So, depending on how the statute is written, that may be a weak cause for the stop ... especially if the officer was far away.

These officers were the SCAT TEAM out there to do drug bust.

Well, when they have someone who lives in the country and has at least a minor history of drug use (or, whose name has come up elsewhere) then he becomes a target of sorts until he can demonstrate that he is clean. And as long as they have lawful cause, they CAN pull him over.

We just have never had this happen before and thought it was strange.
We do not do drugs so we do not have anything to worry about but I am driving my sons car now and they have no reason to stop me and if they do ,I know they have targeted his car.

Probably a good idea. And, keep in mind that keeping the lad under closer supervision can only help him as well. It will keep him from speeding, from doing drugs, and from being "harassed" (to some extent).

- Carl

[Snowey]

Hi Carl
thanks for your advice!
I am the first one to correct my son,and I think the reason he did not pull over on the hills or in someones driveway was that he knew he had to get the gas to my workers and he was afraid that if he stopped before the house they would do something to harrass him due to past experiences.
this officer told me that my sons name has come up lately and is he on drugs!
the only thing they have him on is drug paraphanalia from a month and half ago.
Now what is up with this officers attitude!
Now I know that in this area they are cracking down on people which is a good thing ,but they are going after the wrong people.
and I am not saying that because I am a mother ,I am really working with my children to go in a different direction and stay away from the wrong crowd.
These attitudes in these officers IS NOT HELPING it is perpetuating the problem! Thanks

[JETX]

Originally Posted by Snowey

THERE IS NO SPEED LIMIT SIGN ON THIS ROAD.he said he was going 67 ,when usually we drive 55.

You simply do NOT get it do you??? There IS a speed limit on that road!!
From the Lousiana Statutes:
RS 32:61: Maximum speed limit
A. No person shall operate a vehicle on any highway of this state in excess of fifty-five miles per hour, unless a lower maximum speed is posted on the highway, except as follows:
(1) No person shall operate a vehicle on any interstate or controlled access highway of this state in excess of seventy miles per hour.
(2) No person shall operate a vehicle on any multi-lane divided highway of this state which has partial or no control of access in excess of sixty-five miles per hour.
B. The Department of Transportation and Development shall develop criteria to determine which portions of a highway warrant a speed limit lower than the speed limits established by this Section. The criteria shall be based on an engineering study which shall consider, but not necessarily be limited to, the design speed of the road, the road geometry, the use of land surrounding the road, and the accident history of the road."

Unless this 'country road' is a highway, his driving at 67 mph is SPEEDING!!

The officer told me that they were stopping him because he failed to turn his signal on when he made the turn on our road.this is a country road ,I told him nobody ever turns there signal on there.

Again, per the Lousiana Revised Statutes:
RS 32:104 Turning movements and required signals
A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in R.S. 32:101, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.
B. Whenever a person intends to make a right or left turn which will take his vehicle from the highway it is then traveling, he shall give a signal of such intention in the manner described hereafter and such signal shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.
C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
D. The signals provided for in R.S. 32:105(B) shall be used to indicate an intention to turn, change lanes or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.

By your own statements, the officers were justified in stopping him!!

[Snowey]

Hey Jetx
I do get it!
I normally would be saying the same thing,but there are never cops out here.
Where are the cops when I see EVERYONE speed around these curves too fast!!! Where are the cops when my younger son waits for the school bus and people drive too fast!
It is not like police cars are out here stopping waiting for someone to not turn there signal on.
They are never around!
I am not just thinking they have targeted him because of this one incident.
The day before ,I took my other son to the dam that is by our house, so he could walk across the bridge and his boss picks him up on the other side to go to work.(saves us 15 miles)
Well ,I watched my son pick up a fishing net and stuff into his jacket.
when he walked across the bridge ,a man was walking towards him checking him out.as soon as his boss saw that ,he got out of his car and started walking towards my son,and they proceeded to walk to the car.
Well right down the road an officer pulled them over ,he wanted to know their names and where they lived and what they were doing.
The officer actually wrote down their names ,wrote down their addresses.
So you know that my address was written down the day before the incident happened.
I could tell you some other things that seem strange to me,but I am just going to drive my sons car and walk across the bridge with them and if they stop me ,I will know they are targeting my sons.
Thanks for your advice!

[JETX]

Originally Posted by Snowey

Well ,I watched my son pick up a fishing net and stuff into his jacket.

Are you really that paranoid or myopic??? Do you really not see the possible problem there!!!
Who do you think the man was that was walking towards him??? Was this your son's fishing net that he "stuffed into his jacket"?? Of course not. It was someone elses!! Who gave your son permission or the right to just 'pick up' someone elses property??? Do you not think that might have been the fisherman who OWNED the fishing net you son just stole?? And yes, if this was not your sons (before he 'borrowed' it), the police were again well within their responsibility to stop and id him.

Do you really think that the police are sitting in the woods just waiting for one of your sons to be stupid (stealing, speeding, evading, etc.)??? Of course not, your children are just misunderstood and being picked on.

I could tell you some other things that seem strange to me

The only thing 'strange' to me is that you somehow are blind to the fact that EVERY incident you have related on this forum was precipitated by some action of YOUR sons.... and yet you seem blind to that FACT!!!!

[Snowey]

Oh give me a break!
the fishing net washed up on the land because the water was high.
I know what I am talking about and I know it is hard to explain on a message board.
and it really doesn't matter that you do not understand what I am talking about because I know how to arm myself against harrassment.
I was actually stopped about a month ago by this same officer ,it was 1 in the morning and I was picking my son up from work.
I had been sleeping so I had my PJ's on.
he pulled me over because my tail light was out.well he asked me if I wanted to get out to see which one.I said no because I had my PJ's on.
he looked long at my drivers license then shined the flashlight on my son ,then checked out my license again.so he knew the name and knew the address.And then he asked me where are yall headed,well gee I was in my PJ's where did he think I was headed!!!
well you might not think it strange but I have NEVER had an officer stare at my license that long nor ask me where am I headed.Especially since I just told him I had my PJ's on!
So I told my sons to prove these people wrong ,get to work ,do the right thing and live thier lives to do what is right.

[JETX]

Originally Posted by Snowey

the fishing net washed up on the land because the water was high.

How does that make it your son's property to pick up and stuff into his jacket??

I know what I am talking about and I know it is hard to explain on a message board.

Nope. Your confused state is very clear. For some reason or other, your kids appear to be constantly breaking the law, and you somehow can't understand why the police know your family name so well. Gee, could it be because they have repeatedly 'handled them'????

I was in my PJ's where did he think I was headed!!!

Ahhh, yes, your smartmouth again. And I bet the officers who work that area know of your smart-mouth and 'my sons are never wrong' attitude too.

well you might not think it strange but I have NEVER had an officer stare at my license that long nor ask me where am I headed.Especially since I just told him I had my PJ's on!

Lady, you are really certifiable, aren't you?? Are you on some kind of medication??? Now you are complaining because an officer looked at your license too long. Maybe he was trying to figure out how you had aged 20 years and gained 50 pounds since the license photo was taken.

So I told my sons to prove these people wrong

I still don't see that. From your own post, your son was speeding, your son refused to stop and your other son stole someone elses property. You really do have a skewed sense of responsibility and reality, don't you???

[Snowey]

Hey you must be an IGMO
If you really knew me you would say that I was a very nice person. and if you talk to my husband he would say that I was fine too.
You just like messin with people on these boards!
Thats ok ,I should not expect that someone on a message board would understand what I am talking about.
That is why Carl is so cool! He gives good sound advice!
Thank you Carl!
and no I have not gained 50 pounds and I have not aged(actually I look a lot younger that I am,people think that my son is my brother)
I am a southern belle and my concern is the Red Neck attitude that these certain cops have down here in the south.
I have never experienced it before until now,when my kids first told me I did not believe them.
But I guess you wouldn't know anything about Red Necks since you do not live down here in the south.

hey I really do feel bad for you because the bad words you said about me ,you will be accountable for.
I just wish you could meet me face to face and then see if you would say something so bad.
I guarantee you would not.

[JETX]

You must be a lot of fun out in the swamp. Probably scare the nutria away.

[stealth2]

This is one for IAAL's list.

[Snowey]

Nope I do not live in the swamps.
I live in the woods and enjoy the country.
Yall just like messin with people!
But seriously ,you hide behind that computer and say bad things,but you know that if you could actually have a conversation with me face to face you would realize that your perception of people is wrong.
Oh well