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when cant you tell a cop no.

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    #16
    It's still pretty shitty, though. What cause did he have to ask for ID? Seeing a young kid in a modified Honda? Sounds like profiling.

    Though yes, if he asked for ID, you have to provide it. Anything else, such as a search, would have to be with either consent or probable cause.
    Of course, if you had friends in the back seat that should be going to jail, then he probably SHOULD have searched! That's exactly the sort of thing he's looking for... anything potentially illegal.
    It's sad when profiling actually works...






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      #17
      The one time we went to a meet in Canada the cops asked if they could search our car, I said nope! I think they saw the cooler in the back seat and its illegal to drink in the parks there... Canada has no fun
      H22 Prelude VTEC 92-96 200 161 10.6:1 87 90 DOHC VTEC 2157 JDM

      190.3whp 155 wtq - with bolt ons, and a dc header

      ET=14.457 @ 94mph w/ 2.173 60Fter

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        #18
        Originally posted by deevergote View Post
        It's still pretty shitty, though. What cause did he have to ask for ID? Seeing a young kid in a modified Honda? Sounds like profiling.

        Though yes, if he asked for ID, you have to provide it. Anything else, such as a search, would have to be with either consent or probable cause.
        Of course, if you had friends in the back seat that should be going to jail, then he probably SHOULD have searched! That's exactly the sort of thing he's looking for... anything potentially illegal.
        It's sad when profiling actually works...
        Presenting identification you must comply or risk Obstruction of justice, or a trip to the jail to fingerprint you. Other than that like another poster said, you ask if youre under arrest, if not you can say "well Im going to leave now" they have no legal right to hold you (in your case). he was probably just running a warrant check on you, kinda like shooting fish in a barrel, you being a good Samaritan holds you up. pfft. My ole lady got pulled over for speeding. like 5mph over no big deal, but i scoffed when he asked for *my* ID as a passenger..im like wtf..grumbled and handed it over. I had places to be get it over and done with.

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          #19
          It's a tricky subject... because refusing to present ID gives probable cause. But without probable cause, an officer could essentially be in the wrong for asking for ID.
          Such a thing COULD be construed as unlawful detainment. If there was no cause to check for ID, then it's an unreasonable request. Random ID checks that could result in legal trouble if denied sounds very much like a police state. Far too reminiscent of East Germany in my opinion.

          I fully support and respect police officers, but police action requires justification.






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            #20
            so you stop to help someone else with their hood up on the side of the road and the cop comes to bug you about it? he didn't ask you what you were doing so you could tell him you were trying to help someone with a broken down car? that definitely sounds like profiling. he had no right to come harass you when you were trying to be a good samaritan and help some random person with their car.
            1997 Ford Explorer V-6 AT (what a piece of junk)
            1993 Nissan Sentra M/T (front end damage, off road for now)
            1999 Mercury Mountaineer V-8 A/T - RIP (rolled: totaled)
            1992 Honda Accord A/T EX - RIP (transmission shot: sold to junkyard)

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              #21
              I have a couple freinds that are cops. Stewie, Pandemic and Deev are giving you some good advice here. There are sometimes in this situation, when a cop ask s for a Id, they actually catch a criminal. If you look at it from their point of veiw, a young person in a modded import car (that's how some of them see it), they are looking for mostly for drugs or outstanding warrants. Not saying I agree with it. Its just how it is. What I have found that works, don't be giving them a reason to think anything is up. Even try to make some conversation. Next time he sees you, he prob won't even ask for it. A yes sir or no sir goes a long way. They are kinda like most other people. Some of them are fine. A few of them are difficult. Just my experience.


              http://www.cb7tuner.com/vbb/showthread.php?t=178069

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                #22
                Originally posted by deevergote View Post

                I fully support and respect police officers, but police action requires justification.
                They can't do they're job properly if they need justification for every little thing they do.

                I understand not letting them just run free but I would like to remind everyone that the OP said if the cop had seen his friends in the back seat then there would have been more trouble...

                that discredits the whole "unfair" angle.

                Sounds to me like the cop had good instincts and the OP lucked out.

                Not sure if he was hinting at his friends being illegal or what.

                It is probably just me, but it doesn't bother me when i have been asked to present id.

                I have always just given it up, answered questions, and been told to keep it moving.

                No harm no foul.

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                  #23
                  Well, the extreme tint on the windows COULD be justification enough to want to take a peek inside the car. I would see it that way, anyway.

                  Still, there are some instances where I've known police to be a little TOO quick to assume illegal activity.
                  A while back, icedplaya123 was leaving his job. He worked at night, and was the only one working at the time. He left the building and got in his car. A cop pulled in and asked him all sorts of questions, pretty much assuming he was doing something wrong. Now, if you've ever met Juan (I know you have, Ralph... at least for a short time. He was at my house the day we did my clutch), you'd know that he's not at all shady. He's just a normal, clean cut, educated, well-spoken guy, and his car wasn't heavily modified enough to draw police attention. But because he was leaving that building at 10pm, the cop didn't want to believe he was just leaving work. Nothing came of it, but if I recall, the cop was a dick to him. Being attentive is one thing, but if you have no justifiable cause to harass someone... don't harass someone!






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                    #24
                    Originally posted by deevergote View Post
                    Well, the extreme tint on the windows COULD be justification enough to want to take a peek inside the car. I would see it that way,
                    !
                    My tint is legal.

                    Originally posted by Honda_Lady View Post
                    so you stop to help someone else with their hood up on the side of the road and the cop comes to bug you about it? he didn't ask you what you were doing so you could tell him you were trying to help someone with a broken down car? that definitely sounds like profiling. he had no right to come harass you when you were trying to be a good samaritan and help some random person with their car.
                    Yup, I just wanted to help another cb7 owner out in a time of need but after finding out what was wrong I could not do anything to help him.



                    Originally posted by deevergote View Post
                    It's still pretty shitty, though. What cause did he have to ask for ID? Seeing a young kid in a modified Honda? Sounds like profiling.

                    Though yes, if he asked for ID, you have to provide it. Anything else, such as a search, would have to be with either consent or probable cause.
                    Of course, if you had friends in the back seat that should be going to jail, then he probably SHOULD have searched! That's exactly the sort of thing he's looking for... anything potentially illegal.
                    It's sad when profiling actually works...
                    I didnt think he had any cause to ask for my id. Do they have to have a cause to ask for id?


                    Originally posted by Pandemic View Post
                    IN CANADA, an officer has complete authority to look through the windows of your car.
                    Instead of saying "we are leaving" when he asked what was going on, you should have said, "I saw this car and wanted to see if I could help since I have the same car and I know how to work on them." Sounds way less suspicious.
                    I know he can look threw the window. At 1st I was really nice to the cop, I walked up to him and told him what was going on and said I was just leaving then he was " do you have any weapons" because I had my hands in my pockets...

                    Originally posted by MikeW View Post
                    You mean he didn't ask to see your papers?
                    No cause.
                    Last edited by thepowderblue; 03-05-2012, 10:21 PM.
                    Green EX http://www.cb7tuner.com/vbb/showthread.php?t=176536
                    93 SE http://www.cb7tuner.com/vbb/showthread.php?t=210486

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                      #25
                      I wasn't saying it's illegal... but if a cop can't see inside, it's only natural for him to be curious. I agree with his question about weapons, since your hands were in your pockets. It's the potential for hiding something illegal that got his attention.

                      And yes, he CAN ask for your ID for no reason. It's not harassment. Though I still feel it was uncalled for, there's no law saying he can't. He did nothing blatantly wrong.


                      The cop wasn't "wrong" in any way... but it was still pretty shitty that you got hassled simply because you happened to stop to help somebody.
                      Still... a modified car with dark tint, a young guy with his hands in his pockets, leaving the second the cop pulls up (merely coincidence, as you tell the story... but the cop doesn't know that.) Honestly, it's enough to raise a bit of suspicion.






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                        #26
                        Don't talk to the cops.
                        90 Accord Ex, F22A4. Slight fire damage.

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                          #27
                          Not saying anything to incriminate yourself is one thing... but refusing to provide identification when asked is another. You DO have the right to remain silent, but depending on the situation, a police officer could rightfully interpret that silence as suspicious activity, and potentially as an obstruction of justice. Your silence can never be taken as an admission of guilt, but it CAN be construed as probable cause for a search.






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                            #28
                            Originally posted by deevergote View Post
                            silence can CAN be construed as probable cause for a search.
                            Really!
                            Green EX http://www.cb7tuner.com/vbb/showthread.php?t=176536
                            93 SE http://www.cb7tuner.com/vbb/showthread.php?t=210486

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                              #29
                              My BIL is Memphis PD, and I can tell you nothing makes him as nervous as pulling someone over with dark dark tint.
                              Tint laws were made to protect law enforcement from walking up on an armed criminal.

                              I know this is a little OT, but a lot of people wouldn't be harassed by the cops (including my BF, )as much, if they knew why dark tint makes cops act the way they do.

                              ***edit
                              It is my understanding that if you refuse to give identification, it is grounds for them to assume you are doing something you don't want to be identified doing...thus can be made into probable cause.
                              Project wagon! Much excite! 2018!

                              That Sedan. Purchased '07-->Swap'd-->Tuck'd-->Wreck'd-->May '16

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                                #30
                                Originally posted by LadyG View Post
                                I can tell you nothing makes him as nervous as pulling someone over with dark dark tint.
                                Tint laws were made to protect law enforcement from walking up on an armed criminal.
                                i want tint but at the same time i don't want tint for the reason you stated LadyG quoted above. one of the times i got pulled over (no tint) i had my mom in the passenger seat so my purse was in the back, i saw him hang back with his hand on his gun watching what i was reaching for so i wasn't grabbing a weapon. without tint he could watch every move i made and knew i wasn't reaching for a weapon to try and shoot him.
                                1997 Ford Explorer V-6 AT (what a piece of junk)
                                1993 Nissan Sentra M/T (front end damage, off road for now)
                                1999 Mercury Mountaineer V-8 A/T - RIP (rolled: totaled)
                                1992 Honda Accord A/T EX - RIP (transmission shot: sold to junkyard)

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