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  #1  
Old 01-22-2003, 10:18 AM
touki
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Question

full uniform required?


What is the name of your state? Ohio

I'm guilty. I commited a traffic violation. The officer did not wear his hat throughout the entire incident. I've been told that an officer must be in full uniform to issue tickets. Is this a valid point to contend the validity of the ticket?

Also, is it common for officers to say 'you don't live in this area, why are you on this street'? As a Black female stopped on ****** Luthing King Jr. day, I did not appreciate the question especially since I live 5 min away in the next suburb.
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Old 01-22-2003, 10:48 AM
djprice
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Hat not required...


You will sound extremely rediculous in court if you try that one. The hat is mandated only by department policy, and violation of department policy has nothing to do with violation of a traffic offense, sorry. An officer has the right by virtue of his / her authority to ask you anything they want, to some it may sound racist or "profilistic" while on the other hand the officer was well aware you lived close by i'm sure. Most of the time when an individual is stopped for a trivial traffic offence and shows disgust with the officer further questions will be asked. Not because they wish to prolong the stop and give you a hard time, but because you're anxiety and / or beligerence has struck a cord with the officers "sixth sense" and they feel that they need to further understand your anxiousness. A smile and a simple answer will suffice, oh and you are not obligated under any law to answer any question you are not comfortable with, however keep in mind that intentionally avoiding questions will lead to further investigation and false information will land you in jail.

Last edited by djprice; 01-22-2003 at 10:52 AM.
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  #3  
Old 01-22-2003, 11:30 AM
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Ohio aheres to the Phil Collins theory of ticket issuance. It is called the No Jacket Required ordinance.
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  #4  
Old 01-22-2003, 04:32 PM
Kaz the Minotau
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I agree with djprice. If you feel the officer acted inappropriately speak with the supervisor. On the other hand if it were your neighborhood wouldn't you want an officer to inquire about people/circumstances that looked out of place? What were you stopped for?

No Jacket Required. I've always though Easy Lover and Susuidio were his best songs.
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Old 01-22-2003, 05:05 PM
touki
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Thank you for your responses. I thought the idea sounded kind of far fetched but I had to ask :-)

Although I have to say that it is reasonable and desirable to have the police question a person as to their reasons for being in a certain place, it should be limited to situations where it is warranted. I commited a violation in the middle of the day and was approached while pulling into a space at a store - hardly suspicious behavior. And although I broke the law, the officer could see my rationale (wrong or not) for what I did. And I was very polite to the officer and was not nervous or disgusted since I knew I was wrong. I answered all of his questions. I should not in any way have aroused any 'sixth sense'. I'm your average young woman driving an average car with nothing suspect inside the car or on my person. Nothing unusual or erratic about my behavior at all.

Imagine being stopped for speeding while out on errands and being asked why you're even driving on Main Street. It's like someone asking you what right you have to exist there - what right do you have being in my neighborhood
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Old 01-22-2003, 09:32 PM
djprice
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you're circumstance....


Unfortunatley I was not present, but I have perfomed many countless traffic stops myself and can attest that I did not ask any questions that were inappropriate... unless I suspected otherwise. Then I might ask any assortment of questions just to see what kind of response i get. Not to cite a profile but just to see what frame of mind the person is in. That's all. 99.8 % of police officers are honest and take pride in their jobs, but there always is the rare exception, I have met a few. Good luck.

DJ
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  #7  
Old 01-23-2003, 07:34 AM
Kaz the Minotau
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What he said.
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