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Topic: cops..
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ed650
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Member # 9897
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posted
If im parked on the street just sitting in my fox can they come up to me and ask me for id ? Or do I have the right to refuse..? This happend to me today he asked me for id and if I was on probation and ran my id. Can anyone give me a link any more info about this law [ 2013-11-22, 02:41 PM: Message edited by: ed650 ]
-------------------- 410w Hatch 306Ci Coupe
Posts: 1744 | From: menlo park | Registered: Apr 2010
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1996 GT
I'm Joe Yates
Member # 4992
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posted
What were you doing? Ask them if you are being detained.
Just cause you know the law doesnt mean you're gonna avoid an ass beating by a cop now a days. They can ask you to step out of the car, to search your persons and vehicle whether you say yes or no. They may not be able to use the evidence but they do what they want at that point right.
-------------------- http://i.magaimg.net/img/257w.png
Posts: 9308 | Registered: Oct 2004
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Robb
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Member # 9444
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What were you doing that ticked off their radar to come and check you out?
Posts: 2467 | From: Sacramento,CA | Registered: Sep 2009
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fredfifty
Since 9/2010
Member # 10320
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Probly freaked out a neighbor and they called you in lol
Posts: 4953 | Registered: Sep 2010
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Wht86drop
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Member # 12104
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I think they can ask you for I.d but anything past that they probably can't do anything unless you did something or there is suspicious
-------------------- Jalapeña Red 86 GT Vert Yellow 72 Chevelle Rio Red 97 Cobra
High-Output Generations CC
Posts: 1669 | From: East Palo Alto, Fiji Islands | Registered: Jun 2012
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fstryde3
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Member # 8436
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quote: Originally posted by Robb: What were you doing that ticked off their radar to come and check you out?
This lol something on you, your car or your buddy probably raised a flag.
Posts: 2950 | From: Sacramento | Registered: Jun 2008
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ed650
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Member # 9897
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posted
I was just sitting inside my car using my phone parked on the street
-------------------- 410w Hatch 306Ci Coupe
Posts: 1744 | From: menlo park | Registered: Apr 2010
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i
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Member # 12534
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posted
Screw them
-------------------- 86 Caged Coupe 5.0 91 Salvaged Coupe
Posts: 1901 | From: Sacramento | Registered: Nov 2012
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fstryde3
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Member # 8436
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quote: Originally posted by ed650: I was just sitting inside my car using my phone parked on the street
In front of a bank? LOL
Posts: 2950 | From: Sacramento | Registered: Jun 2008
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redvenom
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Member # 12651
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quote: Originally posted by 135.0: Where do you fall on this chart?
That's funny I think I boarder line
-------------------- 1990 Gt Some what stock 1993 GT vert-(stolen)
Posts: 623 | From: cali | Registered: Dec 2012
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Greasy
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Member # 5258
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A police officer cannot legally walk up to you and ask you for ID with no reason.
-------------------- '93 Cobra-Coyote Powered '03 DSG Cobra '13 Dodge Cummins '14 Rubicon X
Posts: 3272 | From: North Dallas | Registered: Jan 2005
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stanger50
20yr club
Member # 1665
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posted
That's called a consensual encounter. The conversation lasted that long because you allowed it. If I'm not being detained (police would have to have reasonable suspicion that you have committed a crime) then I'll be on my way, Don't ever produce ID unless your detained. I love our police, but I'm a rookies nightmare if one wants to try and violate/test my rights.
-------------------- 1998 Cobra SVT convertible Bright Atlantic Blue (1 of 247)
20 year club.
Posts: 1318 | Registered: Aug 2002
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stanger50
20yr club
Member # 1665
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quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Wrong! Police can legally walk up to anybody and ask. Its a consensual encounter. Know your rights before you give them up.
-------------------- 1998 Cobra SVT convertible Bright Atlantic Blue (1 of 247)
20 year club.
Posts: 1318 | Registered: Aug 2002
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stanger50
20yr club
Member # 1665
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posted
You may let cops handle you that way, but not me. Read and keep mentally. Will save your ass next time. All you have to do is yell out Terry vs. Ohio.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous
quote: Originally posted by 135.0: What were you doing? Ask them if you are being detained.
Just cause you know the law doesnt mean you're gonna avoid an ass beating by a cop now a days. They can ask you to step out of the car, to search your persons and vehicle whether you say yes or no. They may not be able to use the evidence but they do what they want at that point right.
-------------------- 1998 Cobra SVT convertible Bright Atlantic Blue (1 of 247)
20 year club.
Posts: 1318 | Registered: Aug 2002
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Greasy
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Member # 5258
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quote: Originally posted by stanger50: quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Wrong! Police can legally walk up to anybody and ask. Its a consensual encounter. Know your rights before you give them up.
Doesn't mean you have to show it
-------------------- '93 Cobra-Coyote Powered '03 DSG Cobra '13 Dodge Cummins '14 Rubicon X
Posts: 3272 | From: North Dallas | Registered: Jan 2005
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fstryde3
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Member # 8436
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quote: Originally posted by stanger50: You may let cops handle you that way, but not me. Read and keep mentally. Will save your ass next time. All you have to do is yell out Terry vs. Ohio.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous
LOL please don't be this guy or you may find yourself up against the wrong officer being booked as an Attitude Failure aka CA PC 148
Posts: 2950 | From: Sacramento | Registered: Jun 2008
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stanger50
20yr club
Member # 1665
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posted
preventing or knowing my amendments is obstructing?
-------------------- 1998 Cobra SVT convertible Bright Atlantic Blue (1 of 247)
20 year club.
Posts: 1318 | Registered: Aug 2002
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1Nasty66
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Member # 12991
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speaking as a student wanting to be a cop. there are many loop holes to it so if a cop can prove just cause [not to you but a judge] then they are in the clear. best thing to do is be professional and they wot mess with you. Ive been there done that at one point uninsurable.
-------------------- 2001 Bullitt DHG #2673 of 5582 built(sold) 1966 mustang 289
Posts: 114 | From: East bay | Registered: Jun 2013
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1Nasty66
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Member # 12991
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quote: Originally posted by stanger50: You may let cops handle you that way, but not me. Read and keep mentally. Will save your ass next time. All you have to do is yell out Terry vs. Ohio.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous
quote: Originally posted by 135.0: What were you doing? Ask them if you are being detained.
Just cause you know the law doesnt mean you're gonna avoid an ass beating by a cop now a days. They can ask you to step out of the car, to search your persons and vehicle whether you say yes or no. They may not be able to use the evidence but they do what they want at that point right.
btw their different types of searches and probable cause is used when your going to arrest someone not detain
-------------------- 2001 Bullitt DHG #2673 of 5582 built(sold) 1966 mustang 289
Posts: 114 | From: East bay | Registered: Jun 2013
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Blow_U_In_Reverse
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Member # 12298
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posted
before you show them ID or anything, ask them 2 questions..
1) Am I free to leave?
Unless you are being detained, they have to say Yes.. When they do, say Thank you.. Step out of your car.. And walk around the block before getting in your car and driving away (considering you are in your fox and will probably get pulled over for loud exhaust or some other petty reason if you leave right in front of them)..
If they say No, then question 2: 2) Am I under investigation &/or being detained?
If they say Yes, well then you are fucked!! haha
If they say No, say "Well thank you for you time, I'll be on my way" and then follow the previous instructions from question 1..
I was told this all that by my attorney..
You are NOT obliged to talk to them, you can always use your 5th amendment right.. And they cant force you to show ID unless you are being detained for a reason (even if its just over something stupid)..
COPS HATE IT WHEN YOU ASK THEM QUESTION 1!! haha [ 2013-11-23, 01:31 AM: Message edited by: Blow_U_In_Reverse ]
-------------------- "Real Men Get BLOWN" -1993 Cobra "COBRUUH" -1984 T-Top Notchback #KurganTuned
Posts: 2688 | From: FiJi-925-650 | Registered: Aug 2012
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1Nasty66
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Member # 12991
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quote: Originally posted by Blow_U_In_Reverse: before you show them ID or anything, ask them 2 questions..
1) Am I free to leave?
Unless you are being detained, they have to say Yes.. When they do, say Thank you.. Step out of your car.. And walk around the block before getting in your car and driving away (considering you are in your fox and will probably get pulled over for loud exhaust or some other petty reason if you leave right in front of them)..
If they say No, then question 2: 2) Am I under investigation &/or being detained?
If they say Yes, well then you are fucked!! haha
If they say No, say "Well thank you for you time, I'll be on my way" and then follow the previous instructions from question 1..
I was told this all that by my attorney..
You are NOT obliged to talk to them, you can always use your 5th amendment right.. And they cant force you to show ID unless you are being detained for a reason (even if its just over something stupid)..
COPS HATE IT WHEN YOU ASK THEM QUESTION 1!! haha
just saying ive been studying this so good luck with that
-------------------- 2001 Bullitt DHG #2673 of 5582 built(sold) 1966 mustang 289
Posts: 114 | From: East bay | Registered: Jun 2013
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Blow_U_In_Reverse
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Member # 12298
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quote: Originally posted by will01bullitt: quote: Originally posted by Blow_U_In_Reverse: before you show them ID or anything, ask them 2 questions..
1) Am I free to leave?
Unless you are being detained, they have to say Yes.. When they do, say Thank you.. Step out of your car.. And walk around the block before getting in your car and driving away (considering you are in your fox and will probably get pulled over for loud exhaust or some other petty reason if you leave right in front of them)..
If they say No, then question 2: 2) Am I under investigation &/or being detained?
If they say Yes, well then you are fucked!! haha
If they say No, say "Well thank you for you time, I'll be on my way" and then follow the previous instructions from question 1..
I was told this all that by my attorney..
You are NOT obliged to talk to them, you can always use your 5th amendment right.. And they cant force you to show ID unless you are being detained for a reason (even if its just over something stupid)..
COPS HATE IT WHEN YOU ASK THEM QUESTION 1!! haha
just saying ive been studying this so good luck with that
Ive tried it a few times and had the cops stuttering when I asked them "AM I free to leave?".. And they've let me walk away 6/8 times.. but I was in my daily driver, so I just drove away.. I assume it would be a little different in a Stang haha
-------------------- "Real Men Get BLOWN" -1993 Cobra "COBRUUH" -1984 T-Top Notchback #KurganTuned
Posts: 2688 | From: FiJi-925-650 | Registered: Aug 2012
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TR1
98COBRA.COM
Member # 296
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posted
quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Actually "they" can ask.
-------------------- Yep.
Posts: 1382 | From: Bay Area, CA. | Registered: Jun 2001
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Greasy
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Member # 5258
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quote: Originally posted by TR1: quote: Originally posted by Greasy: A police officer cannot legally walk up to you and ask you for ID with no reason.
Actually "they" can ask.
Actually, I already said you don't have to show it.
-------------------- '93 Cobra-Coyote Powered '03 DSG Cobra '13 Dodge Cummins '14 Rubicon X
Posts: 3272 | From: North Dallas | Registered: Jan 2005
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