Probable Cause for Traffic Stop

[CdwJava]

I love this line Carl. I think if I ever get followed into my drive I'm going to jump out and yell "home base, I'm safe"

I ACTUALLY had a guy jump out of his car in his driveway after failing to yield for more than a mile and stand next to his car laughing and pointing at us saying that we could not touch him because he was at his house!

I actually started to laugh ... then I arrested him and he (of course) threatened to sue me. Funny thing is, he turned a DUI into several additional offenses. I wonder if he was still laughing after his conviction?

- Carl

 

[peanut44]

Thanks for the serious feedback guys. I appreciate it.

So, when was the 4th amendment repealed?

Basically what y'all are saying is that the police can follow any person, anywhere if they witnessed them commit any crime?

John runs a stop sign while the police are watching. They follow him home, climb up the tree in his backyard, and peek in his 2nd floor window "to make sure they have the right person". They see him smoking dope or something so they bust him. Sounds reasonable to me I guess.

 

[peanut44]

I ACTUALLY had a guy jump out of his car in his driveway after failing to yield for more than a mile and stand next to his car laughing and pointing at us saying that we could not touch him because he was at his house!

I actually started to laugh ... then I arrested him and he (of course) threatened to sue me. Funny thing is, he turned a DUI into several additional offenses. I wonder if he was still laughing after his conviction?

- Carl

I think it's important to note that I was not FAILING TO YIELD, just driving home.

Am I REALLY that crazy for thinking I have some sort of additional protection from being followed and investigated on my own property?

 

[StickyFingers]

John runs a stop sign while the police are watching. They follow him home, climb up the tree in his backyard, and peek in his 2nd floor window "to make sure they have the right person". They see him smoking dope or something so they bust him. Sounds reasonable to me I guess.

You are being ridiculous.

 

[justalayman]

I think it's important to note that I was not FAILING TO YIELD, just driving home.

Am I REALLY that crazy for thinking I have some sort of additional protection from being followed and investigated on my own property?

OK here is what you need to do.

Call the ACLU and tell them your story. After they get done telling you you are wrong, go hire your own attorney. or

Fight this pro se. Stand in front of the judge and tell him that your civil rights have been violated and refuse to even enter a plea because the cop is wrong and you refuse to even be a party to this action. Then hire your own attorney (from jail) or


Stay in your house forever and refuse to ever go to court because your civil rights have been violated. Then when they do a Koresh on you, hire your own lawyer (from jail) or

hire your own attorney and tell him how you are right and require him/her to fight the charge based upon your beliefs. Then go hire another lawyer 'cuz that one just quit. or

Hire a good DUI attorney and let him tell you what he can do and you do whatever it takes to allow that.

It's all up to you**************....I think I would go for the last one here.

 

[peanut44]

You are being ridiculous.

AHAH! I was hoping somebody would say that.



John (Me) runs a stop sign (skids tires) while the police are watching. They follow him home, climb up the tree in his backyard, (cross .2 miles of private property) and peek in his 2nd floor window (observe from an area not otherwise accessible) "to make sure they have the right person". They see him smoking dope (stagger) or something so they bust him. Sounds reasonable to me I guess.

Yep, sounds rediculous to me also.

 

[CdwJava]

So, when was the 4th amendment repealed?

It wasn't. Your understanding of it's lawful application is simply wanting.

Basically what y'all are saying is that the police can follow any person, anywhere if they witnessed them commit any crime?

To some degree, yes. But since we don't know what they allege and when the police claim they observed the violation, we can't be sure what they did was completely lawful or not.

The fact you were not pulled over immediately is not an implication that the officer lacked cause to do so.

John runs a stop sign while the police are watching. They follow him home, climb up the tree in his backyard, and peek in his 2nd floor window "to make sure they have the right person". They see him smoking dope or something so they bust him. Sounds reasonable to me I guess.

Then you'd be wrong. There are far too many things wrong with your hypothesis to even begin addressing it.

- Carl

 

[CdwJava]

I think it's important to note that I was not FAILING TO YIELD, just driving home.

I understand that. But the fact he did not try to pull you over right away does NOT imply a lack of cause.

Am I REALLY that crazy for thinking I have some sort of additional protection from being followed and investigated on my own property?

When it involves an act that occurred in public? Yes.

- Carl

 

[CdwJava]

John (Me) runs a stop sign (skids tires) while the police are watching. They follow him home, climb up the tree in his backyard, (cross .2 miles of private property) and peek in his 2nd floor window (observe from an area not otherwise accessible) "to make sure they have the right person". They see him smoking dope (stagger) or something so they bust him. Sounds reasonable to me I guess.

So now you are adding new information?

DID this happen? Or are you adding things just for the sake of argument?

- Carl

 

[StickyFingers]

AHAH! I was hoping somebody would say that.



John (Me) runs a stop sign (skids tires) while the police are watching. They follow him home, climb up the tree in his backyard, (cross .2 miles of private property) and peek in his 2nd floor window (observe from an area not otherwise accessible) "to make sure they have the right person". They see him smoking dope (stagger) or something so they bust him. Sounds reasonable to me I guess.

Yep, sounds rediculous to me also.

Your reasoning skills are flawed.

 

[peanut44]

Look, I'm hearing you guys, and I believe you are correct, and I highly doubt that any lawyer, or judge would want to hear my thoughts either, BUT that doesn't make it right. Your own property SHOULD be home base unless you're evading or something serious. They shouldn't be able to follow you all over the place and collect evidence over a traffic infraction.


So, on to my next question. What crime is skidding when a light turns red? Is it Unsafe driving, reckless driving, failure to brake properly, erratic driving? I can't find the word skid in any of the georgia code, any help on how to figure it out?

 

[peanut44]

So now you are adding new information?

DID this happen? Or are you adding things just for the sake of argument?

- Carl

Carl,

i was inserting the aspects of my story which are parallel to the "rediculous" one. I don't smoke dope, nor have any trees in the backyard. Just saying that there are some similarities between the "rediculous" story, and my alleged story.

 

[justalayman]

They shouldn't be able to follow you all over the place and collect evidence over a traffic infraction.

You have already admitted this is much more than a simple infraction.
How do you know that the cop did not suspect drunk driving from the get go. From your explanation of your driving , it sounds like a real possibility.

Bottom line,,,,,,you screwed up. Fight it with an attorney by your side.

 

[CdwJava]

So, on to my next question. What crime is skidding when a light turns red? Is it Unsafe driving, reckless driving, failure to brake properly, erratic driving? I can't find the word skid in any of the georgia code, any help on how to figure it out?

You'd have to ask an attorney or a cop from GA. Off the top of my head I'd say it could be an unsafe speed violation for the skidding to the stop. That may have gotten his attention. Then any additional violations or indicia of possible impairment as he followed you.

Bottom line is that you are going to have to beat the case on the issues - your driving a vehicle with a BAC of .12. The matter of you being stopped in your driveway is almost certainly a moot point ... at least it would be in most other states, but GA may have some strange laws in this regard.

So, I would recommend you direct all this energy toward a consultation with a DUI attorney to see if you have a chance here at all. Who knows, you may be able to get out of this with a minimal fine and some form of deferral program that will keep you from lsoing your license.

- Carl

 

[CdwJava]

Carl,

i was inserting the aspects of my story which are parallel to the "rediculous" one. I don't smoke dope, nor have any trees in the backyard. Just saying that there are some similarities between the "rediculous" story, and my alleged story.

The similarities ended when you posted the ridiculous idea that the officers could climb a tree and look inside ... since this would be a blatant violation of the law, it is a ridiculous presumption.

- Carl