What's hanging on your rearview mirror.

[ArmyMP]

…but only when parked…otherwise…see above about the probable cause. Making yourself as small of a target as possible oftentimes times will get you benefit of doubt credits

Sounds like you need a tin foil hat. Jesus. Not everyone lives in a socialist state. Infact most states have no laws against it..

It is also standing case law that an ordinance violation and or regulatory traffic infraction are not justifiable cause for a Terry Stop. They have to have reasonable suspicion of criminal activity to initiate a terry stop. Ordinance violations and regulatory infractions have never been considered criminal activity.

He wasn't wearing a seat belt, I thought his tint was to dark, he had a dangle, he was drinking from a plastic straw, I thought his exhaust was to loud are subjective observations and not evidence quantifiable to rise to the point of reasonable suspicion of criminal activity.

Lmao could you imagine people doing 20 to life for unlawful possession of a glade air freshner?

Not to mention an illegal stop, illegal detainment, and pathetic non criminal ticket is a big 4th Amendment violation. It will be laughed out of court and the jurisdiction will have the holy hell sued out of them.

If I want to hang a freshly killed chicken from my rearview mirror, my state has no law against it.

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[Dougstdig]

Sounds like you need a tin foil hat. Jesus. Not everyone lives in a socialist state. Infact most states have no laws against it..

It is also standing case law that an ordinance violation and or regulatory traffic infraction are not justifiable cause for a Terry Stop. They have to have reasonable suspicion of criminal activity to initiate a terry stop. Ordinance violations and regulatory infractions have never been considered criminal activity.

He wasn't wearing a seat belt, I thought his tint was to dark, he had a dangle, he was drinking from a plastic straw, I thought his exhaust was to loud are subjective observations and not evidence quantifiable to rise to the point of reasonable suspicion of criminal activity.

Lmao could you imagine people doing 20 to life for unlawful possession of a glade air freshner?

Not to mention an illegal stop, illegal detainment, and pathetic non criminal ticket is a big 4th Amendment violation. It will be laughed out of court and the jurisdiction will have the holy hell sued out of them.

If I want to hang a freshly killed chicken from my rearview mirror, my state has no law against it.

With the exception that it’s a safety issue of impeding your view. …not to mention that cheekon…B…stank!

 

[ArmyMP]

With the exception that it’s a safety issue of impeding your view. …not to mention that cheekon…B…stank!

Still not criminal activity.

 

[SnazzGlad]

Nothing. Windshield is too small lol.

 

[Dougstdig]

.

 

[Dougstdig]

.

So what you’re saying is if a part of a load in the bed of your truck were about to fall out you couldn’t be pulled over? Or if a strap slipped, but wasn’t visible and created a safety issue, but not a criminal violation you couldn’t/wouldn’t pull someone over?

 

[j.o.y.ride]

I guess these aren’t popular in the states that don’t allow mirror hangin.

These aren't popular in the states that do allow mirror hanging either.

 

[ArmyMP]

These aren't popular in the states that do allow mirror hanging either.

Always in a taxi

 

[ArmyMP]

So what you’re saying is if a part of a load in the bed of your truck were about to fall out you couldn’t be pulled over? Or if a strap slipped, but wasn’t visible and created a safety issue, but not a criminal violation you couldn’t/wouldn’t pull someone over?

Mildly correct. I could pull a person over due to the safety issue posed to others and to inform them of the issue, but they are free to go and refuse to answer any questions the whole time, since I had no reasonable suspicion of criminal activity.

I usually just booped my siren, yelled over the PA, ensured they pulled over to correct the issue and went about my business.

Also assuming your still in Florida.

Florida Statute 316.2004 is blatantly free of any mention of anything hanging from the review mirror.

Here is current Florida case law on it as well.

http://myfloridalegal.com/alerts.ns...428DFE61ABD2885C8525700C005B567A?OpenDocument

 

[Dougstdig]

Mildly correct. I could pull a person over due to the safety issue posed to others and to inform them of the issue, but they are free to go and refuse to answer any questions the whole time, since I had no reasonable suspicion of criminal activity.

I usually just booped my siren, yelled over the PA, ensured they pulled over to correct the issue and went about my business.

Also assuming your still in Florida.

Florida Statute 316.2004 is blatantly free of any mention of anything hanging from the review mirror.

Here is current Florida case law on it as well.

http://myfloridalegal.com/alerts.nsf/Print Slip Opinions/428DFE61ABD2885C8525700C005B567A?OpenDocument

I am, but was LE from 2000 to 2010’ish in TX. Part of the time was SO hen City. A lot of things have changed. Folks that had nothing to hide didn’t mind being stopped for a safety related issue…in a general sense. Was it an inconvenience? Yes possibly, but considering the # of DUI drivers that were taken off the street ultimately they were grateful we were watching. I got out at the right time. This woke crap…. Let’s just say they’re the first to complain when something happens to them, when it could have been prevented or circumvented. There were very few “Shall” orders in the CCP and Traffic laws. For a while, there were actually stickers you could put on your cars inviting stops just to check. It was part of our community outreach program / Community outreach program. We were expected to work our area and not just rely on calls. The area was rich with the older style clan labs and dry towns which invited drunks to travel between towns…not wanting to wait to get to where they were going. Anyway, life happened, doors closed and new opportunities opened for the better. It never leaves your blood, but I look back and feel blessed I don’t have to deal with what is going on now. Much respect for those that do.

 

[BavzJT]

Had this for about 4 years been thru 2 jeeps so far.

 

[sharpsicle]

Sounds like you need a tin foil hat. Jesus. Not everyone lives in a socialist state. Infact most states have no laws against it..

It is also standing case law that an ordinance violation and or regulatory traffic infraction are not justifiable cause for a Terry Stop. They have to have reasonable suspicion of criminal activity to initiate a terry stop. Ordinance violations and regulatory infractions have never been considered criminal activity.

He wasn't wearing a seat belt, I thought his tint was to dark, he had a dangle, he was drinking from a plastic straw, I thought his exhaust was to loud are subjective observations and not evidence quantifiable to rise to the point of reasonable suspicion of criminal activity.

Lmao could you imagine people doing 20 to life for unlawful possession of a glade air freshner?

Not to mention an illegal stop, illegal detainment, and pathetic non criminal ticket is a big 4th Amendment violation. It will be laughed out of court and the jurisdiction will have the holy hell sued out of them.

If I want to hang a freshly killed chicken from my rearview mirror, my state has no law against it.

He's not being paranoid. He's being realistic. Pretextual stops are a thing. Things like having a light out, hanging items from your rearview mirror, and other seeming meaningless things can be used for a pretextual stop.

It's a good idea to avoid anything that can be used for a pretextual stop. This is included. As soon as it can be stated that the hanging item "obstructs view" it's enough.

 

[Mr._Bill]

It all depends on where you live. It doesn't have to be 'criminal' activity to be stopped. Some places now allows stops just for not wearing a seatbelt, or for using a phone while driving.

 

[JAVIERGONZO]

Simple

 

[Deadeye]

He's not being paranoid. He's being realistic. Pretextual stops are a thing. Things like having a light out, hanging items from your rearview mirror, and other seeming meaningless things can be used for a pretextual stop.

It's a good idea to avoid anything that can be used for a pretextual stop. This is included. As soon as it can be stated that the hanging item "obstructs view" it's enough.

what he is saying (and is correct) is that you can get pulled over and ticketed, but they can’t use it as pretext for a full search and to interrogate you on the side of the road. More and more, they can’t even say “I spelled booze or marijuana” as pretext.
Nonetheless, there is a giant gap between what a LEO is legally allowed and the reality of what they do. And most people don’t have the will or resources to address those violations after the fact.

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