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Officer Misconduct? What Are My Options?

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Henry Hyde

Junior Member
State: Pennsylvania

Below is my account of what happened for being pulled over for speeding. Can I have the fines & points removed from my license for the officer's belligerant behavior? What are my options?

At 4:15 on June 30th 2008, a police officer on ________ turned on his emergency lights and motioned for me to come to a halt. He said I was going over the speed limit and instructed me to pull up to the next officer and told me that he would take it from there.

I pulled up to Officer ______ (he was not wearing a badge but had his name on his shirt) and he told me I had been pulled over for speeding. As I was getting my license and registration I asked if I could see the radar gun and he told me to "shut up" and get my documents.

When I asked him, “Why are you talking to me like that?”

He replied, "Because I'm not gonna argue with you out here about how fast you were going, now shut up and get your license and registration!"

I replied, “I just wanted to see how fast I was going on the radar gun.”

He answered back sarcastically, “It’s not a gun, now get your license or I’m gonna arrest you.” Bewildered by his behavior, I asked aloud, “Is this a real cop?”

Officer ______ restated himself, “You have one minute before I arrest you.”

After I handed him my license and registration, he sat in his vehicle for roughly ten minutes time, then walked back to the other officer’s car and then returned to his sport utility vehicle (License # ________) and talked on his cell phone. After another 10 minutes passed, Officer ______ approached my window and told me that today he “wasn’t handing out fines or points” but that he would be giving me both.

He then said, “I’m going to love seeing you in court."

When he showed me where he put his commentary on the citation, I began to add what he had said to me and Officer ______ reached into my car and pulled the citation and the clipboard out of my hands and began to write on it. Smiling, he tore off a copy and said, “You refused to sign.”

I told him that I didn't refuse and he said, “Leave immediately or I’m going to arrest you.”

When I told him I would like to speak with the other officer and that I didn’t refuse to sign the citation, Officer ______ again said, “shut your mouth” and added again, “Leave before I arrest you.”

I opened my door partially to signal the other officer that I wished to speak with him and Officer ______ slammed the door shut on me and said, “If you don’t leave in exactly one minute, I’m going to arrest you.”

Fearing for my safety, I called out to the other officer through my window. He was citing a young woman (driving a silver Japanese-made SUV) who also had been pulled over. I wanted to tell him that, “I tried to sign the citation.”

I only spoke twice before Officer _______ yelled, “Shut up and leave or I’m gonna arrest you!” With no other choice, I drove away. I was denied the right to sign my citation.

And, though I was parked two car lengths in front of the other officer’s car, his surveillance camera may be worth reviewing.

I felt threatened during the entire experience of being cited by Officer ____. Several times, I thought Officer _____ was going to offer me physical violence– especially when he reached into my car and when he slammed my door. The way Officer ______ treated me has left me feeling terrorized. If you would please call me to discuss this matter, I would greatly appreciate it.
 


FlyingRon

Senior Member
File a complaint if you like, but you're unlikely to get out of the ticket.
He doesn't have to show you the gun or anything else during the stop.
 

Henry Hyde

Junior Member
What will be accomplished in filing a complaint?

Is there a way I can have the points expunged because of his aggressive attitude during the citation?
 

Ozark_Sophist

Senior Member
His aggressive behavior? From your own post, I see you as the aggressive party in this exchange. You do not have the right to see the radar detector or radar at the time of the stop. You should have prompty and respectfully complied with the officer's order for your license and registration. The time to challenge the validity of the citation is in the courtroom. You are lucky you were not arrested.
 

outonbail

Senior Member
What will be accomplished in filing a complaint?
It will be reviewed by his supervisor and if the situation warrants disciplinary action, it will be taken. May simply be a verbal warning. But if he is conducting himself in a manner that is considered unbecoming of an officer and enough people file complaints, then he could be facing suspension or worse.
There is no way of knowing what, if anything at all, will arise out of your complaint. But at this point, filing a complaint is your only option for dealing with what you felt was officer misconduct.

Is there a way I can have the points expunged because of his aggressive attitude during the citation?
No. The speeding has nothing to do with the attitude the officer had with your questioning him. You're dealing with two separate issues. The officer's attitude did not have you driving above the posted speed limit.

In the future, try to remember that you do not argue your case to a police officer, you do that in court, in front of a judge. If an officer tells you to shut up, it's best to do just that, whether you feel the officer is right or wrong in whatever he/she's telling you.

The only place you should be writing on a citation, is where your signature is required. When you turn it over and start adding to the officer's notes, you're just asking for trouble. After you have your copy of the citation, you can write your own notes on your copy.

When the judge sees that you started writing on the officer's or the court's copy of the citation, it will not help your case. It will look like you were the one who was not following the officers directions and therefore, the one with the belligerent attitude.
 

justalayman

Senior Member
State: Pennsylvania

Below is my account of what happened for being pulled over for speeding.and obviously nothing from the officer Can I have the fines & points removed from my license for the officer's belligerant behavior? even though I was speeding, I am simply looking for a way out of th e ticket What are my options?

At 4:15 on June 30th 2008, a police officer on ________ turned on his emergency lights and motioned for me to come to a halt.I'm pissed He said I was going over the speed limit and he was right and instructed me to pull up to the next officer and told me that he would take it from there.

I pulled up to Officer ______ (he was not wearing a badge but had his name on his shirt) so I am trying to say this was all a big scam. they were not really offcicers and he told me I had been pulled over for speeding. As I was getting my license and registration as slowly as I could I asked in an argumnetative and condescending tone if I could see the radar gun and he told me to "shut up" and get my documents.

When I asked him, “Why are you talking to me like that?” because I'm better than he is and I believed I should be able to argue my ticket right then and there
He replied, "Because I'm not gonna argue with you out here about how fast you were going, now shut up and get your license and registration!"

I replied, “I just wanted to see how fast I was going on the radar gun.” because I still wanted to argue the ticket on the spot and this would make things take longer

He answered back sarcastically, “It’s not a gun, now get your license or I’m gonna arrest you.” Bewildered by his behavior, I asked aloud, “Is this a real cop?” again, in a condescending tone. Obviously these were not real cops. and again, trying to make this take longer than it had to

Officer ______ restated himself, “You have one minute before I arrest you.”and I though, "too bad"
After I handed him my license and registration, he sat in his vehicle for roughly ten minutes time,and I'm pissed because he didn't spend that much time listening to me whine then walked back to the other officer’s car and and what gives him the right to speak with the other officer. I mean like, I, the all important one, am over here then returned to his sport utility vehicle (License # ________) and talked on his cell phone. again, wasting my time After another 10 minutes passed, Officer ______ approached my window and told me that today he “wasn’t handing out fines or points” but that he would be giving me both.My comment, "huh? if he is giving you a ticket, those things come with it"
He then said, “I’m going to love seeing you in court." oh, I forgot to tell you that I told him I was going to fight the ticket. I mean, what gives him the right to give me a ticket for speeding?

When he showed me where he put his commentary on the citation, I began to add what he had said to me what was he thinking. Don't I have a right to add my little comments to the citation? I was going to sign it...eventually and Officer ______ reached into my car and pulled the citation and the clipboard out of my hands after I told him I would sign as soon as I was done writing my little notes on it and began to write on it. Smiling, he tore off a copy and said, “You refused to sign.” my comment, "you were refusing to sign.
I told him that I didn't refuse and he said, “Leave immediately or I’m going to arrest you.”

When I told him I would like to speak with the other officer because I do NOT have to listen to this guy. I think the other guy would be more sympathetic to me and maybe I could talk my way out of things with him and that I didn’t refuse to sign the citation, Officer ______ again said, “shut your mouth” and added again, “Leave before I arrest you.” but only after I said I was going to talk with the other officer, whether he liked it or not

I opened my door partially to signal the other officer because I was just not going to listen to the officer that gave me the ticket.that I wished to speak with him and Officer ______ slammed the door shut on me and said, “If you don’t leave in exactly one minute, I’m going to arrest you.” how dare he. I have every right to ignore this officers commands

Fearing for my safety, I called out to the other officer through my window. because driving away would obviously not remove me from what I was fearing at the moment He was citing a young woman (driving a silver Japanese-made SUV) who also had been pulled over. I wanted to tell him that, “I tried to sign the citation.”and I just knew he would take my side and tell the other officer to toss the ticket
I only spoke twice before Officer _______ yelled, “Shut up and leave or I’m gonna arrest you!” I mean, what was he thinking giving me an ultmatum. I can talk as long as I want With no other choice, I drove away. I was denied the right to sign my citation. which I was going to do after I wrote a novels worth of my notes on the citation. He just did not give me enough time.

And, though I was parked two car lengths in front of the other officer’s car, his surveillance camera may be worth reviewing.

I felt threatened during the entire experience of being cited by Officer ____. Several times, I thought Officer _____ was going to offer me physical violence– especially when he reached into my car and when he slammed my door. The way Officer ______ treated me has left me feeling terrorized. If you would please call me to discuss this matter, I would greatly appreciate it.
give it up. If you were feeling terrorized, your best bet would have been to follow the officers directions to the letter and leave the instant you were allowed to. You intentionally stayed, to the point of this guy threatening to arrest you so do not pull the " I felt threatened and terrorized" BS. Human nature is to flee a threatening sitatuation. Either you aren;t human or you were not feeling threatened.

as others have said, none of this changes the fact you were speeding so go pay your ticket, file a report with this officers command and hold your breath until they tell you you are right and this officer is getting fired and they are going to give you back the money the ticket cost you.

obvioualy highlighted sections are my additions but they are what I believe is a more realistic accounting of the situation.
 

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