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Violation of 4th Amendment

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momohoho

Junior Member
What is the name of your state? California.

I was pulled over because the cop said "my car is damaged on the side"
Then he asked if I had anything dangerous on me, or illegal in the car. I didnt answer and I asked him why he pulled me over. He said he repeated his question, and I ignored him. He told me to get out of the car, and I complied.

I was harassed for about 15 minutes by both cops. I said, I havent done anything wrong, and and if I am free to go. The cop called me me idiot and etc, I didnt care for his unprofessional behavior, and would refuse to answer any questions which have nothing to do with who am I. I was insulted and threatened. He did "eye drug" test on me, and told me I can not refuse, and will do as he said. Not seeing anything wrong with my eyes, he went to the car and start searching it. I told him loudly that I didnt give him permission to search the car, and the ...next to me turns around and lies straight into my face and says "yes you did." I turn around and say "there is a camera in your car, and you are lying." Then he said, we are looking for your ID. I told him again, "for the record, I didnt give you permission." They find nothing, the ... told me to have a good day and let me go.

At first they were cops, and I showed respect, and explained to them that I amusing my 4th and 5th amendment rights as told by lawyers. He called me an "idiot" and that "you know nothing." among other insults. When they did they, they became pigs. I complained, the guy said "there is no tape." and according to his conversation nothing like that happened. Then under pressure that I will sue, he said "i will look." then he says "there was nothing on the tape." The whole incident was not recorded.

Is there a case? And most importantly, I want those two scum bags investigated for violation of the most sacred American values.
 
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racer72

Senior Member
You are an idiot. Do you realize the most useful answers you might have gotten in this forum would have come from police officers but because you have decided to insult them, forget about getting any useful advice from them.
 

seniorjudge

Senior Member
Do you know what the Fourth Amendment says?

If so, then tell me WHY you don't even come close to a 4th A infraction....

I'm waiting.
 

momohoho

Junior Member
1: Cops are not a lawyer they are not your friends. They are there to do a job. I am not naive to believe that cops help. They are there to enforce the law and do their duty. They are not a lawyer, they are not a friend and it would be foolish to think otherwise.

2: Searching of the car without permission and without a cause is violation of 4th amendment.

3: I complained to the person in charge, but he was trying to make me understand that "please understand their side." He agreed that I have DONE nothing wrong.

4: He says there is no tape to support my claim. There is nothing he can do he says.

5: Then he says there was a tape, but doesnt have me being pulled over.

6: A cop is a cop. A pig is a pig. And I dont think you will understand that unless it happence to you, when you get insulted, abused and intimidated just because your car looks different. If you are a not a cop, and you get pulled over and then be completly helpless as cops accuse you of "1: having drugs" and "hmmm your eyes look a bit small there" and then they put their hands on your neck" to check for pulse" and then violate the rules they sworn to protect. Lying blatantly into your face. I think you dont realize it that they can say at that point whatever they want, and what recourse I have? That is why I am here and asking for advice. I dont want advice from cops - cops protect their own, even if they are pigs

7: Is their a form I can fill out to complain against the cops? internal investigations?
 

Zigner

Senior Member, Non-Attorney
In any dealings I've had with the police, I've found them to be polite (except for one instance), professional and fair. Even the guy who wasn't polite was professional and fair.

You will need to figure things out on your own, as you have now alienated yourself from anyone who would want to help you further (as if there was anyone, based on the initial garbage you spewed from your mouth.)
 

seniorjudge

Senior Member
...

2: Searching of the car without permission and without a cause is violation of 4th amendment.
....


Wrong.

There was no seizure.

Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
 

seniorjudge

Senior Member
You are an idiot. Do you realize the most useful answers you might have gotten in this forum would have come from police officers but because you have decided to insult them, forget about getting any useful advice from them.
I hope no one gives OP any advice.
 

momohoho

Junior Member
Amazing: most of the posts above prove my point.

1: I never insulted, did as I was told, and protected my rights during the whole ordeal.

2: The cops harassed, lied and SEARCHED my car. To the person who obviously wrote about "search and seizure" is either a troll or an idiot. So, "sir" I will go SEARCH YOUR HOUSE, search your CAR, and as long as I dont SEIZE anything, it is okay? Its called a WARRANT or REASONABLE suspicion. Old car, exercising a right to remain silent gives you neither. I shudder to think how much bad advice you have given before.
"Regarding the Fourth Amendment's reasonableness requirement, it applies not just to a search in combination with a seizure, but also applies to a search without a seizure, as well as to a seizure without a search. Hence, the amendment is not limited to protecting elements of privacy or personal autonomy, but rather applies pervasively to virtually all aspects of criminal law." Tennessee v. Garner, 471 U.S. 1 (1985).

3: about "Spewing crap out of my mouth", obviously you didnt bother read what I wrote about cops, and when they became a pig. And there ARE *******s cops, who abuse the power, and they are called pig. But please, dont let me spoil your little fantasy land and if you want to continue believing that keep on riding your little pony. On top of that, your reaction just proves my point. Cops protect pigs. And when you protect pigs, you became one.

4: You dont want to give advice, then dont, but judging from most peoples replies half of you cant read, the other one's are talking out of their ass. (Except for Occultist that is)That is my free advice to you.

5: http://www.youtube.com/watch?v=yqMjMPlXzdA
Go watch it, and stop embarrassing yourself here. YOU make cops look bad, stupid pig.


How scary , how very scary that cowards, who hide behind shield of authority, are such idiots and power hungry pigs.
 

mustanggt

Junior Member
It is sad to see that people don't believe what momo says is true.

I believe most cops do serve and protect. There are many that go around the law to get an arrest.

What happened to momohoho happens to many young minors and people that fit a cop profile as a bad person.

I had both good and bad experiences with cops. I know there are good and evil cops out there.

One example of a good exp.
I was pulled over for not making a complete stop at a stop sign. I told the cop I was hoping he didn't see it. We laughed, and he let me off with a warning.

One example of a bad exp.
I was driving down a hill going 40 on a 45 (seeing there were 3 cops off the road talking with one another). I stopped inside a store, bought a soda, and returned to my car.
I pull out of store drive way and see 5 cops behind me. They followed me down 2 blocks and pulled me over. Told me to get out of car. As I was getting out of car a sergeant told me one of his partners saw a gun in my car. I laughed (I knew it was profiling again) and said nothing. Put my hands behind my back, got hancuffed, and watched the searching of my vehicle. I see one officer pulling a black small tool box from under my seat. The sergeant said " ****!" and tells me that I was really pulled over for speeding. He made sure I understood that. I said "ok", went inside my car and drove off.

This type of stuff happen to people everyday. The bad situations do happen under people noses. Because most people don't understand the loophole of the the law like a bad cop do.
  • Lifting up the back of your thumb -
  • choking
  • Name calling
  • stepping on foot
  • arm twisting
  • and etc...
Bad cops know how to get out of these situations when they impliment these tactics on an individual.

So what I'm saying is, there are many ways for a cop, gov't, state, or city employee to do just wrong on a honest citizen.
I like cops, judges, prosecuters. They are Equal American Citizens. It's just, In their eyes they don't see me as an equal.

Will all the employees of the law be there to fight for our rights when it is clear wrong has been done to them?
 

outonbail

Senior Member
It is sad to see that people don't believe what momo says is true.
I think you're missing the reason he received the replies which were posted. No one was addressing the validity of what he was saying, they were replying to the way he was saying it. His rude attitude and filthy language is viewed as an example of how he deals with people and officers in particular, when confronted with a situation he doesn't like in real life. This is the real root of his problems, not age, race, religion or any other stereotypical excuse for claiming the way they are treated is prejudice. We certainly don't know what color his skin is or what church he attends or how long his hair is, we only see the words and in this case, they were words no one here deserves to be subjected to.
There is no reason to post such nonsense. No one here was responsible for the situation he claims to be in, not to mention it is a violation of forum rules. It is also foolish to expect to receive advice on a forum where there are senior members who are employed in the very profession the poster was insulting and spewing his fowl mouthed opinion of.

If he can't conduct himself in an adult like, respectable manner and post questions/ask for advice without having to include abusive, vulgar comments, he shouldn't expect anyone to waste their time reading through such garbage just to help him. He's not addressing a gang of thugs on some street corner, so he needs to learn how to talk to adults in a respectable manner and keep his personal emotionally driven comments to himself.
 
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