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Sunday April 23, 2000 ![]() Email: diana@sff.net |
Tamela took her leave yesterday morning, after a much too brief visit. I hope she can come back down at some point so that we can do more and see more stuff. As she mentioned in her journal, we took a drive to Oak Alley plantation (which I haven't been to in about 20 years) where Tamela insisted on trying a mint julep. I told her they were nasty, but would she listen to me? Noooooooooo But it was really cool to have someone to go do stuff with. There are so many places in any area that you just don't go visit unless you have someone in from out of town. Tamela seemed to enjoy herself (or she faked it well!) though she did show off her Yankee-ness at several points. Once, when we went to lunch, the waitress asked us what we wanted to drink, and I said, "Sweet tea." Tamela looked at me funny, and said, "What's sweet tea?" "Uh, tea that's sweet. Y'know... with sugar?" I responded with only a slight snicker. Yeah, I know, sweet tea is a southern thang. But that and the fact that she kept referring to the weather as "summery" pegged her as a yankee. The temps were in the low 80s. This ain't summer. Nowhere near summer. Not even close. Wait til the mercury crawls up to that triple digit mark. Ditto the humidity. And then there was the Causeway. During our drive to Oak Alley I'd mentioned that I was going to take her back along the Causeway (which is, by the way, the longest continuous over-water bridge in the world. 25 miles long.) So, we're going over a bridge on the way there and she asks, "Is this the causeway? "No, Tamela, this is just a swamp." "Is this the causeway?" "No, more swamp." "Is this the causeway?" "Tamela, this is an overpass." Really, though, I had a marvelous time with her here. (And I warned her that I was going to tease her about the above!) ![]() Okay, I've had some email asking me to expound a bit on the whole cops pulling you over thing and that pesky fourth amendment. John Savage will probably cringe at my interpretation, but I'll try and explain what is involved in a traffic stop. First thing is that any peace officer has to have this thing called Probable Cause before pulling you over. A cop cannot just pull any car over willy nilly (though roadblocks are a different and more complicated matter, but for now I'll stick to normal traffic stops.) So, basically, you have to have committed some sort of violation before a cop can pull you over. Now, that's where things get kinda "loose." I mean, you drive behind someone long enough and they'll do something wrong, even if it's as simple as not signalling a lane change, or having no light on your license plate. If a cop really wants to pull you over, eventually he'll find the PC (Probable Cause) to do so. But, after the stop is made, if he wants to search your vehicle, he has to either get your (the driver's) consent, or he has to have Probable Cause (new and different from the traffic violation PC) to believe there are narcotics, contraband, or evidence of the commission of a crime in the vehicle. The PC to search the vehicle can be obtained through plain view (i.e. drugs on the backseat), plain smell (heavy smell of pot), a tip from a reliable informant (though that gets a little hazier), or an indication from a drug dog, to name a few examples. The supreme court decision Carrol v. US stated that due to the mobility of motor vehicles, a police officer may search a vehicle with probable cause without first obtaining a warrant. (Exigent circumstances.) This is known, amazingly enough, as the Carroll Rule. So, the other question was posed of How should I act if I do get pulled over? To be honest, I think most people talk themselves into tickets. True, there are the cops (and the agencies) where you're going to get a ticket no matter what, but there are many more where if you just don't act like a prick you can usually get out of it. First off, be polite and don't argue. Say Sir or Ma'am. Is that galling to you? Well, tough, that's how the game is played. Cops get enough shit, they appreciate a little respect every now and then. If you really honestly believe that the cop was wrong to pull you over, be polite and say, "I really don't mean to sound like I'm arguing with you, but I really did think that I stopped at that stop sign/ signalled that turn/ was only going 70 through that school zone." But be polite, and don't press it too much. If you really truly believe you're in the right, you always have the right to go to court. (And you might get lucky and get one of those cops who hates going to court!) Probably should have mentioned this first, but whether you should get out of the car or not really depends on where in the country you live. In the south you are almost always going to be asked to step out of your vehicle. (Pennsylvania v. Mimms--Once a police officer has lawfully stopped a vehicle for a traffic violation, he or she may order the driver to get out even without suspecting any other criminal activity or danger to the officer's safety.) I know that they don't do that much in the north (which boggles my little mind) but it's an officer safety Thing. When you're out of the vehicle, you're away from any weapons in the vehicle, and the officer has a better defensive position and can see you better. Whether you're asked to get out of the car or not, keep your hands in plain view!!! Don't stuff them into your pockets, don't go reaching under your seat to find your purse. If the cop lets you stay in the car and your DL is in your purse, tell the cop, "It's in my purse," and then let him watch you retrieve the appropriate papers. Best way to get out of a ticket? Act contrite, don't argue, don't argue, don't argue (get the message yet?), be polite. Oh, and don't argue. |