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Illinois Cops Drag Man Out of Car for Recording and Remaining Silent

OrphanSlug

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About that Police State we are inching ourselves towards... :(
 

Lutherf

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Another idiot chooses to be an idiot and gets hooked up. No sympathy.
 

Beaudreaux

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Lutherf

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The guy got pulled over for doing 10-15 over the limit in a residential area, hedged on answering questions and had a trash bag on the back seat that could easily have contained a couple of pounds of weed. The stop wasn't unreasonable and neither were the questions. If the jackass had just said "There's nothing illegal in my car and I don't consent to a search" he'd have been perfectly within his rights. The cop would then have to make a determination whether he had probable cause to request a warrant and call in a K9 unit. If he didn't find anything then everyone could have just gone on their way with a speeding ticket. Instead the idiot decided to play lawyer and ended up with his face in the pavement.

No sympathy.
 

Beaudreaux

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The guy got pulled over for doing 10-15 over the limit in a residential area, hedged on answering questions and had a trash bag on the back seat that could easily have contained a couple of pounds of weed. The stop wasn't unreasonable and neither were the questions. If the jackass had just said "There's nothing illegal in my car and I don't consent to a search" he'd have been perfectly within his rights. The cop would then have to make a determination whether he had probable cause to request a warrant and call in a K9 unit. If he didn't find anything then everyone could have just gone on their way with a speeding ticket. Instead the idiot decided to play lawyer and ended up with his face in the pavement.

No sympathy.

The 5th Amendment applies to everyone, as does the 4th. The guy in the back seat got jacked up for exercising his Constitutional rights.
 

Lutherf

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The 5th Amendment applies to everyone, as does the 4th. The guy in the back seat got jacked up for exercising his Constitutional rights.

He wasn't hooked up for exercising his rights. He was hooked up for obstructing a lawful investigation.
 

JANFU

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The guy got pulled over for doing 10-15 over the limit in a residential area, hedged on answering questions and had a trash bag on the back seat that could easily have contained a couple of pounds of weed. The stop wasn't unreasonable and neither were the questions. If the jackass had just said "There's nothing illegal in my car and I don't consent to a search" he'd have been perfectly within his rights. The cop would then have to make a determination whether he had probable cause to request a warrant and call in a K9 unit. If he didn't find anything then everyone could have just gone on their way with a speeding ticket. Instead the idiot decided to play lawyer and ended up with his face in the pavement.

No sympathy.

Trash bag could have had what is left of Jimmy Hoffa as well.
Seems to be a common practice in the US to use Police to raise revenues.
 

Lutherf

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Trash bag could have had what is left of Jimmy Hoffa as well.
Seems to be a common practice in the US to use Police to raise revenues.

I don't consider doing 10-15mph over the limit in a residential area "raising revenues". Making those stops is 100% public safety.
 

JANFU

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I don't consider doing 10-15mph over the limit in a residential area "raising revenues". Making those stops is 100% public safety.

Yet to go to court. Never answered the question asked.
He as the passenger did not have to interact with the LEO.
The Officer was jacked up??? yes- No??
 

clownboy

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Trash bag could have had what is left of Jimmy Hoffa as well.
Seems to be a common practice in the US to use Police to raise revenues.

Nonsense in this case. If he were trying to raise revenue he wouldn't be looking to search the vehicle. Revenue stops they look for everything you can be fined for, not jailed. He'd have done a safety check on the vehicle and issued more tickets.
 

Lutherf

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Yet to go to court. Never answered the question asked.
He as the passenger did not have to interact with the LEO.
The Officer was jacked up??? yes- No??

Who says? There are all kinds of reasons the cop might engage the passenger in a vehicle.

I didn't see anything the cop did wrong. He was authoritative but polite. He explained what he was doing. He was clear in his questions and intent.
 

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JANFU

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Nonsense in this case. If he were trying to raise revenue he wouldn't be looking to search the vehicle. Revenue stops they look for everything you can be fined for, not jailed. He'd have done a safety check on the vehicle and issued more tickets.

Nonsense- drugs- money- seizure
Next fines levied in court go to the City?? Yes- No??
 

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Who says? There are all kinds of reasons the cop might engage the passenger in a vehicle.

I didn't see anything the cop did wrong. He was authoritative but polite. He explained what he was doing. He was clear in his questions and intent.
The passenger exercised his rights. And then arrested on BS charges.
 

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Beaudreaux

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He wasn't hooked up for exercising his rights. He was hooked up for obstructing a lawful investigation.

We're pole vaulting over rat turds here - he had the Constitutional 5th Amendment right to remain silent, the 1st Amendment right to record the police encounter, the 4th Amendment right to refuse to be searched without a warrant, and the 1st Amendment right to talk to his buddy in the front seat about the rights that guy had as well - none of that is interference with an investigation since they are all protected rights.

The cop got pissed, lost his composure, and assaulted the guy in the back seat because of it.

 
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clownboy

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The passenger exercised his rights. And then arrested on BS charges.

Again, Illinois is a stop and identify state, he was not within his rights to refuse to identify.
 

Lutherf

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We're pole vaulting over rat turds here - he had the Constitutional 5th Amendment right to remain silent, the 1st Amendment right to record the police encounter, the 4th Amendment right to refuse to be searched without a warrant, and the 1st Amendment right to talk to his buddy in the front seat about the rights that guy had as well.

The cop got pissed, lost his composure, and assaulted the guy in the back seat because of it.

You have to remember that exercising the right to remain silent does not mean that the investigation stops. Likewise, asserting the right to object to an unreasonable search only means that someone (a judge) needs to determine that the search is reasonable. "I'm exercising my rights" isn't a get out of jail free card. All it does is reroute the process an investigating authority has to go through.
 

Beaudreaux

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You have to remember that exercising the right to remain silent does not mean that the investigation stops. Likewise, asserting the right to object to an unreasonable search only means that someone (a judge) needs to determine that the search is reasonable. "I'm exercising my rights" isn't a get out of jail free card. All it does is reroute the process an investigating authority has to go through.

You cannot be arrested or detained for exercising your rights - that is what happened here. The investigation can continue, but without probable cause the police cannot detain you, and remaining silent does not give the police probable cause.

I added a video to the post you quoted, right after you quoted me. If you haven't seen that video before, please watch it.
 

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How freaking hard is it to listen to the cop, be pleasant and not a douche? You get your ticket for 10-15 over, and be on your way.

I think these jackasses were looking for a fight.
 

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Again, Illinois is a stop and identify state, he was not within his rights to refuse to identify.

He was ot asked, or did I miss that?
He was asked about the car and such
Told to stop recording
 

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Nonsense- drugs- money- seizure
Next fines levied in court go to the City?? Yes- No??

Yes, the fines go to the municipality. But there's a reason traffic crime is front and center on a revenue gathering push - an extraordinarily high percentage of folks don't contest tickets in court. So there is very little labor cost.

Seizures require much more time and effort before the municipality sees one thin dime. And in Illinois the DA has 14 days to show probable cause before the court and if the DA can't or doesn't the municipality is on the hook for towing and storage fees as well as any resulting damages. That's why seizures are pretty much done only by the narco/vice units who have experience with them.
 

Beaudreaux

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How freaking hard is it to listen to the cop, be pleasant and not a douche? You get your ticket for 10-15 over, and be on your way.

I think these jackasses were looking for a fight.

You may need to watch the video again - the driver did EVERYTHING he was asked to do, and even started fussing at the guy in the back for him to do what the cop asked.
 

clownboy

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You cannot be arrested or detained for exercising your rights - that is what happened here. The investigation can continue, but without probable cause the police cannot detain you, and remaining silent does not give the police probable cause.

I added a video to the post you quoted, right after you quoted me. If you haven't seen that video before, please watch it.

Again, he had no right to refuse to identify himself. Under the Illinois stop and identify law probable cause for his arrest happened the moment he refused to identify.
 
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