A Few Questions.

[ebisoba]

What is the name of your state? NY

A close friend of mine was stopped and pulled over by a traffic cop few days ago due to the cop's own incompetence and was harrassed and threatened, escalated by the fact that she left her wallet at home thus didn't have any form of ID. Anyway this got me thinking...

1. Can a cop impound her car even though she has a passenger with a driver license? If yes, what if the passenger is also the owner of the vehicle?

2. Can she be arrested for traveling without any ID? If yes can she be jailed?

3. Is it legal to record a police confrontation using a video camera or any other recording devices?

4. If one asks," Am I under arrest?" and is given the answer no. Can one just leave the scene without any further permission from the cop, especially after given a ticket What if one wasn't given a ticket and the cop goes on a bitching spree. At what point should one ask that question?

5. Can one be stopped and pulled over without a good reason?

6. Is it legal to use profanity against a cop?

Thanks in advance for any answer.

 

[stephenk]

"A close friend of mine was stopped and pulled over by a traffic cop few days ago due to the cop's own incompetence"

Explain that sentence first.

 

[ebisoba]

Well, I really don't want to get into details as it's not really the main point of my post, but lets just say it seems that he got his signals mixed up. Go meant stop.

 

[HomeGuru]

Well, I really don't want to get into details as it's not really the main point of my post, but lets just say it seems that he got his signals mixed up. Go meant stop.

**A: Now what does that mean; Go meant stop?

 

[ebisoba]

I don't want to be rude but seriously, I really don't want to get into details about the incident because it's not the point of my post. However, I'll clear up that point.

The traffice cop was waving people through a red light. My friend didn't see him at first so naturally she stopped for the red light. Few seconds later she was pointed out by the passenger that there's a cop waving people through, so she started to move. The moment she started to move the guy stopped her and confronted her. I think the guy was
just pissed because he was trying to wave her through but she didn't move. I guess she didn't followed his order or something. That's just my guess so don't take it as a fact. The guys was standing at the side of the road without wearing one of those reflective traffice cop vests at night, at a dimly lit place at that. So it could be a little difficult to spot him. I hope that's all I need to say about the incident

 

[HomeGuru]

I don't want to be rude but seriously, I really don't want to get into details about the incident because it's not the point of my post. However, I'll clear up that point.

The traffice cop was waving people through a red light. My friend didn't see him at first so naturally she stopped for the red light. Few seconds later she was pointed out by the passenger that there's a cop waving people through, so she started to move. The moment she started to move the guy stopped her and confronted her. I think the guy was
just pissed because he was trying to wave her through but she didn't move. I guess she didn't followed his order or something. That's just my guess so don't take it as a fact. The guys was standing at the side of the road without wearing one of those reflective traffice cop vests at night, at a dimly lit place at that. So it could be a little difficult to spot him. I hope that's all I need to say about the incident

**A: we do not provide legal advice based on a third party's guesses as to what may or may not have happened. We base our advice on sound and concrete evidence and facts. Without foundation, I guess your close friend is guilty. But that's just a guess so don't take it as fact.

 

[ebisoba]

um what are you talking about? I'm not asking those questions so that I can help her out. I'm asking them because I want to know the answers to them. That's why I said I don't want to talk about the incident and that's not the point of my post. I know I've only mentioned that twice. There is no case here if that's what you're wondering. Guess I came to the wrong place for answers.

 

[stephenk]

What is the name of your state? NY

A close friend of mine was stopped and pulled over by a traffic cop few days ago due to the cop's own incompetence and was harrassed and threatened, escalated by the fact that she left her wallet at home thus didn't have any form of ID. Anyway this got me thinking...

1. Can a cop impound her car even though she has a passenger with a driver license? If yes, what if the passenger is also the owner of the vehicle?

ANSWER: Why was the car impounded? License tag expired, no insurance, etc?

2. Can she be arrested for traveling without any ID? If yes can she be jailed?

ANSWER: Arrested does mean going to jail. Was she taken to jail? what was she charged with?

3. Is it legal to record a police confrontation using a video camera or any other recording devices?

ANSWER: Depends. If the person recording the "confrontation" is interfering with the officer's duties, then the recorder can be arrested.

4. If one asks," Am I under arrest?" and is given the answer no. Can one just leave the scene without any further permission from the cop, especially after given a ticket What if one wasn't given a ticket and the cop goes on a bitching spree. At what point should one ask that question?

ANSWER: No you cant just leave.

5. Can one be stopped and pulled over without a good reason?

ANSWER: No, but what do you define "without a good reason"?

6. Is it legal to use profanity against a cop?

ANSWER: Depends.

Thanks in advance for any answer.

 

[ebisoba]

Thank you for answering the questions.
I just want to point out that the questions are general questions, not really specific to the incident. Of course none of those things happened to her, but she was threatened with all of the above. Anyway...

ANSWER: Why was the car impounded? License tag expired, no insurance, etc?

Because she didn't have her license with her since she left her wallet at home, but the one of the passengers, her father, did. He's also the owner of the car, yet she was told that car is going to be impounded.

ANSWER: Arrested does mean going to jail. Was she taken to jail? what was she charged with?

The guy told her that he's going to have to arrest her and put her in jail. This of course freaked her out. So is it legal to arrest anyone without IDs?

" ANSWER: Depends. If the person recording the "confrontation" is interfering with the officer's duties, then the recorder can be arrested."

So as long as one is quiet and stay out of the way like in the passenger seat, it's fine right?

ANSWER: No you cant just leave.

So what's the appropriate action under this circumstance, i.e. the cop just goes on and on? What's the right thing to say? What if you were given a ticket already?

ANSWER: No, but what do you define "without a good reason"?

I guess that means without good suspicion of a crime. I guess suspicion is subjective and kind of hard to define.

ANSWER: Depends.

Can you please elaborate if possible? I thought that kind of thing is protected under freedom of speech?

 

[Kaz the Minotau]

Yes you can be arrested for not having a license. How is the officer to know who you really are? Obviously the officer thinks he had a good reason to stop your friend...you just don't think he has a good one. So, the answer is no you can't be pulled over "for no good reason".

 

[ebisoba]

Heh, there's not always a good reason. The first thing the guy did was scream at her when she rolled down the window. He already looked pissed off. He didn't tell her to pull over at first, only after some verbal(no profanity) exchange, no one likes to be scream at, did he pull her over. He also told her that she brought this upon herself right before she was pulled over to the side.

 

[Kaz the Minotau]

What I ment was he (the officer) thought there was a good reason. In this case I will guess that it was for not obeying a traffic control device (him). I will certainly agree the screaming at someone for no reason is not proper or polite. However, speaking from an officer's point of view, who has directed traffic, that is one of the most frustrating parts od our job. It seems as though people loose all common sense sometimes. It was probably a misunderstanding on both sides.

 

[ebisoba]

Well that's true. You have to obey the directions given by traffic officers, but you can only obey them if can actually see them.