If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(Some Guy)   Texas Court rules that pulling off the road to use your cell phone gives police the right to stop and interrogate you, so remember citizen, if you do not wish an encounter with the police, be sure to use your cell phone while driving   (cca.courts.state.tx.us) divider line 138
    More: Stupid, Texas Courts, Fourth Amendment, Texas, meyers, dissenting opinions, trial courts, court ruling, majority opinion  
•       •       •

10887 clicks; posted to Main » on 01 Jul 2012 at 4:28 PM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



138 Comments   (+0 »)
   
View Voting Results: Smartest and Funniest

Archived thread

First | « | 1 | 2 | 3 | » | Last | Show all
 
2012-07-01 10:46:58 AM
LOLOLOLOLOLOL

FTR: "Officer Becker's statement that had Gonzales pulled away, rather than stopping or returning to the shoulder, he would have turned off his lights and--as the trial judge described in his findings--"not have tried to stop [the car] or pull [the car] over.""

Nah - he would never do that, y'all.
 
2012-07-01 10:52:19 AM
Gonzales

I stopped right there. ROUND UP THEM DAM HISPANICO'S DAT BURN IT!
 
ZAZ [TotalFark]
2012-07-01 11:16:25 AM
The court of appeals held that the use of Officer Becker's emergency lights constituted a seizure, but that the seizure was permissible under the community-caretaking exception.

In a similar case in Massachusetts the court ruled that pulling up behind a car and turning on flashing lights was not a seizure at all.
 
2012-07-01 11:48:39 AM
FTR: "Officer Becker's statement that had Gonzales pulled away, rather than stopping or returning to the shoulder, he would have turned off his lights and--as the trial judge described in his findings--"not have tried to stop [the car] or pull [the car] over.""

What a lie. The defendant would have been charged with evading arrest in a vehicle, a felony.
 
2012-07-01 11:49:40 AM

ZAZ: The court of appeals held that the use of Officer Becker's emergency lights constituted a seizure, but that the seizure was permissible under the community-caretaking exception.

In a similar case in Massachusetts the court ruled that pulling up behind a car and turning on flashing lights was not a seizure at all.


It might cause a seizure, though

/I hate when those lights go on
 
2012-07-01 11:53:46 AM

Godscrack: Gonzales

I stopped right there. ROUND UP THEM DAM HISPANICO'S DAT BURN IT!


it's so cute how people make generalizations about Texans and people from other parts of the country and blindly claim they are racist or something. After all, the people saying that would never generalize about a person based on their place of birth.....or is that exactly what they are doing?
 
ZAZ [TotalFark]
2012-07-01 12:07:02 PM
/I hate when those lights go on

Police have started occasional enforcement at an intersection near me. Once around dusk a car going the other way turned on the super-bright LED lights right as it passed and almost blinded me as I entered the intersection.
 
2012-07-01 12:34:17 PM

Happy Hours: Godscrack: Gonzales

I stopped right there. ROUND UP THEM DAM HISPANICO'S DAT BURN IT!

it's so cute how people make generalizations about Texans and people from other parts of the country and blindly claim they are racist or something. After all, the people saying that would never generalize about a person based on their place of birth.....or is that exactly what they are doing?


It's cute how people pretend that their state never profiles. You don't think the officer ran the plates before flashing his lights? You can't pretend that the possibility doesn't exist.
 
2012-07-01 01:27:57 PM

Bontesla: Happy Hours: Godscrack: Gonzales

I stopped right there. ROUND UP THEM DAM HISPANICO'S DAT BURN IT!

it's so cute how people make generalizations about Texans and people from other parts of the country and blindly claim they are racist or something. After all, the people saying that would never generalize about a person based on their place of birth.....or is that exactly what they are doing?

It's cute how people pretend that their state never profiles. You don't think the officer ran the plates before flashing his lights? You can't pretend that the possibility doesn't exist.


lolwut? Good thing that never happens outside of Texas, right?

I didn't read the farking article, but yeah - if I'm pulled over on the highway I wouldn't be surprised if a cop rolled up on me and asked me wtf I was doing. (in fact, that's happened to me before - sometimes the cops actually help people stranded on a highway)

Is it possible that there are racist cops in Texas? Yeah, it's certainly possible. Is it bigotted to assume that a cop in Texas is a racist? Definitely.
 
2012-07-01 02:34:47 PM

Happy Hours: Bontesla: Happy Hours: Godscrack: Gonzales

I stopped right there. ROUND UP THEM DAM HISPANICO'S DAT BURN IT!

it's so cute how people make generalizations about Texans and people from other parts of the country and blindly claim they are racist or something. After all, the people saying that would never generalize about a person based on their place of birth.....or is that exactly what they are doing?

It's cute how people pretend that their state never profiles. You don't think the officer ran the plates before flashing his lights? You can't pretend that the possibility doesn't exist.

lolwut? Good thing that never happens outside of Texas, right?

I didn't read the farking article, but yeah - if I'm pulled over on the highway I wouldn't be surprised if a cop rolled up on me and asked me wtf I was doing. (in fact, that's happened to me before - sometimes the cops actually help people stranded on a highway)

Is it possible that there are racist cops in Texas? Yeah, it's certainly possible. Is it bigotted to assume that a cop in Texas is a racist? Definitely.


Cops have pulled up behind me several times when I was pulled over in the emergency lane.
They were always nice and asked if I needed assistance. On one occasion my car had overheated and I DID need assistance.
I'm sure they ran my plate every time, but I have nothing to hide.
 
2012-07-01 03:34:19 PM
Texas tag desperately needed.
 
2012-07-01 03:47:23 PM
Well. I read the ruling. And that's not what the court said, misleading submeister. IANAL, but it seems to me that the Texas Court ruled that by turning on the lights, the cop had "seized" the motorist, therefore giving him the right to check him for any criminal behavior. And to be fair, the motorist WAS drunk and operating a motor vehicle, so he was breaking the law.

I'm sure if I misinterpreted ay of this, a lawyer will be along shortly to correct me.


Happy Hours: Is it possible that there are racist cops in Texas? Yeah, it's certainly possible. Is it bigotted to assume that a cop in Texas is a racist? Definitely.


And also thiiiiiiiiiiiisssssy thissy this.
 
2012-07-01 04:03:51 PM
If I was stopped on the shoulder I wouldn't be all that surprised if an officer came to investigate. The shoulder is for emergencies only, a phone call is not an emergency.

While it is good that he pulled off to the side to call, the officer was not wrong to check it out.
 
2012-07-01 04:33:37 PM
Di Atribe: Well. I read the ruling. And that's not what the court said, misleading submeister. IANAL, but it seems to me that the Texas Court ruled that by turning on the lights, the cop had "seized" the motorist, therefore giving him the right to check him for any criminal behavior. And to be fair, the motorist WAS drunk and operating a motor vehicle, so he was breaking the law.

I'm sure if I misinterpreted ay of this, a lawyer will be along shortly to correct me.


Happy Hours: Is it possible that there are racist cops in Texas? Yeah, it's certainly possible. Is it bigotted to assume that a cop in Texas is a racist? Definitely.

And also thiiiiiiiiiiiisssssy thissy this.


Oh, come on. This is a cop thread. Clearly this was a Corrupt Rosco B. Coltrain who only did what he did because this was a brown person in a vehicle. Which clearly means it was stolen in his mind. Because, come on. It's Texas. Them illegals can't drive there.

Clearly we're only seconds away from Nazi Jackbooted thugs marching down the streets, and asking you for your papers before sending you to the concentration camps! You sheeple just DONT KNOW how little civil liberties you have! The Gubament is ignoring the constitution!1111111111elventyone.

/sadly, there are plenty of Farkers who will be happy to tell you this, and you're a right wing Fox News worshipper who wants to force underaged women to give birth to jesus babies if you disagree with them.
 
2012-07-01 04:35:56 PM

jehovahs witness protection: Happy Hours: Bontesla: Happy Hours: Godscrack: Gonzales

I stopped right there. ROUND UP THEM DAM HISPANICO'S DAT BURN IT!

it's so cute how people make generalizations about Texans and people from other parts of the country and blindly claim they are racist or something. After all, the people saying that would never generalize about a person based on their place of birth.....or is that exactly what they are doing?

It's cute how people pretend that their state never profiles. You don't think the officer ran the plates before flashing his lights? You can't pretend that the possibility doesn't exist.

lolwut? Good thing that never happens outside of Texas, right?

I didn't read the farking article, but yeah - if I'm pulled over on the highway I wouldn't be surprised if a cop rolled up on me and asked me wtf I was doing. (in fact, that's happened to me before - sometimes the cops actually help people stranded on a highway)

Is it possible that there are racist cops in Texas? Yeah, it's certainly possible. Is it bigotted to assume that a cop in Texas is a racist? Definitely.

Cops have pulled up behind me several times when I was pulled over in the emergency lane.
They were always nice and asked if I needed assistance. On one occasion my car had overheated and I DID need assistance.
I'm sure they ran my plate every time, but I have nothing to hide.


The 'have nothing to hide' idea is one of the main reasons our civil rights have been so eroded. It can pretty much be used in any situation. "Papers please, if you have nothing to hide then why not just give me your papers?" "We have to set up this camera in your bedroom and these others throughout your house to make sure you aren't a terrorist or child rapist..you don't have anything to hide do you?"
 
2012-07-01 04:36:12 PM
Speaking purely as a rabid ACLU-supporting liberal democrat who thinks Texas is a diagnosis more than a place, can I suggest that maybe not getting shiatfaced and then driving might also be a way to avoid an expensive encounter with the police? I do love pointing out the many things wrong with this state, but this case just doesn't seem like one of them.

(belated thanks to the cop that dug up a socket wrench from a local garage for me, about, um.... well, call it a couple decades or so ago...)
 
2012-07-01 04:36:26 PM
Subby hasn't heard of bluetooth and voice recognition.
 
2012-07-01 04:38:53 PM

EvilEgg: If I was stopped on the shoulder I wouldn't be all that surprised if an officer came to investigate. The shoulder is for emergencies only, a phone call is not an emergency.

While it is good that he pulled off to the side to call, the officer was not wrong to check it out.


This is what I was thinking.

I would be surprised if cops didn't stop to check on a car parked on the shoulder. I'm not saying this gives them the right to search you or gives them probably cause or anything, but I'd expect them to take a glance a car sitting in a spot reserved for emergencies.

And if you're drunk as a skunk inside, well...
 
2012-07-01 04:41:16 PM
Sent from submitter's phone while driving, and paying attention to neither driving or reading.
 
2012-07-01 04:45:34 PM

BronyMedic: Oh, come on. This is a cop thread. Clearly this was a Corrupt Rosco B. Coltrain who only did what he did because this was a brown person in a vehicle. Which clearly means it was stolen in his mind. Because, come on. It's Texas. Them illegals can't drive there.

Clearly we're only seconds away from Nazi Jackbooted thugs marching down the streets, and asking you for your papers before sending you to the concentration camps! You sheeple just DONT KNOW how little civil liberties you have! The Gubament is ignoring the constitution!1111111111elventyone.

/sadly, there are plenty of Farkers who will be happy to tell you this, and you're a right wing Fox News worshipper who wants to force underaged women to give birth to jesus babies if you disagree with them.

========================

No no NO! You CANNOT ruin this thread with reason this soon in the comments. This thread is primed for an entire evening of cop-hate/racial profiling entertainment. I was looking forward to the potential flood of derp. I have my bag of Cheetos and a box of White Zinfandel ('cause Farkettes prefer cheap wine with our stereotyped snacks) and there isn't a damn thing worth watching on TV tonight. I won't let you spoil my entertainment, now you take it back! Right now, mister!

/hehe
 
2012-07-01 04:45:56 PM
I'm one step ahead of them. When I get a cell phone call, I'm driving enough that any passing cop wouldn't be able to tell that I'm using my phone.

/my cunning plan
 
2012-07-01 04:46:14 PM
For you ladies, if "you do not wish an encounter with the police". I'd suggest marrying a police officer. His fellow officers will leave you alone and he will save his intense encounters for his girlfriends.
 
2012-07-01 04:47:20 PM

ElLoco: I'm one step ahead of them. When I get a cell phone call, I'm driving enough that any passing cop wouldn't be able to tell that I'm using my phone.

/my cunning plan


You accidentally your cunning plan
 
2012-07-01 04:47:25 PM
Well... *fast* enough, but whatever. I'm on meds today.

Probably go for a drive later. With my phone.
 
2012-07-01 04:47:32 PM
So much for small government with limited intrusion into our private lives, eh, Texas conservatives?

Its your world. You made it.
 
2012-07-01 04:47:35 PM
Shoot first, cover up the evidence later. It's the Texas Police Way
 
2012-07-01 04:48:26 PM

BronyMedic: Oh, come on. This is a cop thread. Clearly this was a Corrupt Rosco B. Coltrain who only did what he did because this was a brown person in a vehicle. Which clearly means it was stolen in his mind. Because, come on. It's Texas. Them illegals can't drive there.

Clearly we're only seconds away from Nazi Jackbooted thugs marching down the streets, and asking you for your papers before sending you to the concentration camps! You sheeple just DONT KNOW how little civil liberties you have! The Gubament is ignoring the constitution!1111111111elventyone.

/sadly, there are plenty of Farkers who will be happy to tell you this, and you're a right wing Fox News worshipper who wants to force underaged women to give birth to jesus babies if you disagree with them.


Hahaha it's so true. And you know what I was thinking? Why did that stupid racistface assume the cop was white? He had a "white name?" That's racist, y'all.
 
2012-07-01 04:48:43 PM
Submitted First With a Better Headline: I would be surprised if cops didn't stop to check on a car parked on the shoulder. I'm not saying this gives them the right to search you or gives them probably cause or anything, but I'd expect them to take a glance a car sitting in a spot reserved for emergencies.

If you're pulled off on the side of the highway or interstate where I live, expect a DOT Breakdown Assistance truck or a cop to pull in behind you and check on you. They don't want you setting there creating a traffic hazard unless you actually do have a problem. You're not only a distraction, but - especially on I-55 and I-40, in real danger of getting hit.

Hrist: The 'have nothing to hide' idea is one of the main reasons our civil rights have been so eroded. It can pretty much be used in any situation. "Papers please, if you have nothing to hide then why not just give me your papers?" "We have to set up this camera in your bedroom and these others throughout your house to make sure you aren't a terrorist or child rapist..you don't have anything to hide do you?"

Do you know how to handle this? "No, officer. You cannot search my vehicle. I do not want you rummaging through my personal belongings." Unless you have something in plain sight, in which case you're a bloody idiot, there's nothing he or she can do about it. Be polite, but stand your ground and don't freak out.
 
2012-07-01 04:49:38 PM

Bontesla: It's cute how people pretend that their state never profiles. You don't think the officer ran the plates before flashing his lights? You can't pretend that the possibility doesn't exist.


Exactly. I live in Louisiana. When the cops around here do their monthly "lets stop people on the busy street day" (seriously, they do this like clockwork)... I always look to see the race of the person pulled over. Guess which race is at about 90%.
 
2012-07-01 04:50:06 PM

lisarenee3505: No no NO! You CANNOT ruin this thread with reason this soon in the comments


I do not think this is something you would have to worry about considering the comment upon which you did the replying to.
 
2012-07-01 04:51:07 PM
You know, I'm as much about being suspicious of cops as the next guy, but this is the sequence of events:

1. Guy pulls off road leading out of town.
2. Cop sees this, notes there's nothing in the area, no businesses or homes.
3. Cop pulls in behind car and turns on his flashing lights.
4. Cop checks on guy to see if he's OK, had an emergency or whatever.
5. Cop notices dude is stinking of booze and slurring his words.

So, in short- the cop was checking on someone he thought might be in distress, found out he was drunk and busted him.

/Stop breaking the law, asshole.
//Cases like these give those of us who really do value strong protection for civil liberties a bad name.
 
2012-07-01 04:51:28 PM

whidbey: So much for small government with limited intrusion into our private lives, eh, Texas conservatives?


The fark are you talking about?


Trance750: Shoot first, cover up the evidence later. It's the Texas Police Way


So.... either you didn't read the article or you're not interested in commenting on the subject at hand. Which is it?
 
2012-07-01 04:52:21 PM

BronyMedic: If you're pulled off on the side of the highway or interstate where I live, expect a DOT Breakdown Assistance truck or a cop to pull in behind you and check on you. They don't want you setting there creating a traffic hazard unless you actually do have a problem. You're not only a distraction, but - especially on I-55 and I-40, in real danger of getting hit.


Yep. Now, it would be cool of the cop to call in the Breakdown Assistance team (or whatever its called in your state)... but if he's going to stop and run the plates, he clearly has nothing better to do, and probably should be downsized.
 
2012-07-01 04:52:39 PM
Like I want to read a legal brief on a Sunday afternoon.
 
2012-07-01 04:52:41 PM
Another law that allows more police state behavior. It's okay though because of drug dealers and terrorists.
 
2012-07-01 04:53:16 PM
I see nothing wrong with what happened. I've had cops check on me when I was on the side of the road. That's a perfectly normal interaction, and part of their job. If I'd been drunk when that happened then I would have gotten what was coming to me.
 
2012-07-01 04:54:06 PM

whidbey: So much for small government with limited intrusion into our private lives, eh, Texas conservatives?

Its your world. You made it.


*Yoda voice* Read the article, you should, mmm?
 
2012-07-01 04:55:06 PM
Yeah, i'm not all that broken up about some drunk ass dipshiat behind the wheel getting busted.
 
2012-07-01 04:55:07 PM
What am I outraged about, again?
 
2012-07-01 04:56:24 PM

downstairs: Bontesla: It's cute how people pretend that their state never profiles. You don't think the officer ran the plates before flashing his lights? You can't pretend that the possibility doesn't exist.

Exactly. I live in Louisiana. When the cops around here do their monthly "lets stop people on the busy street day" (seriously, they do this like clockwork)... I always look to see the race of the person pulled over. Guess which race is at about 90%.


Somalians. Shifty bastards.
 
2012-07-01 04:57:19 PM

Cyclometh: whidbey: So much for small government with limited intrusion into our private lives, eh, Texas conservatives?

Its your world. You made it.

*Yoda voice* Read the article, you should, mmm?


*Ahnold voice*

Ahm not goink to reed awl THAHT.

Is subby right or wrong?
 
2012-07-01 04:57:36 PM

Cyclometh: You know, I'm as much about being suspicious of cops as the next guy, but this is the sequence of events:

1. Guy pulls off road leading out of town.
2. Cop sees this, notes there's nothing in the area, no businesses or homes.
3. Cop pulls in behind car and turns on his flashing lights.
4. Cop checks on guy to see if he's OK, had an emergency or whatever.
5. Cop notices dude is stinking of booze and slurring his words.

So, in short- the cop was checking on someone he thought might be in distress, found out he was drunk and busted him.

/Stop breaking the law, asshole.
//Cases like these give those of us who really do value strong protection for civil liberties a bad name.


Nope. Just stop at #3. There are non-police services for this. Every state/city probably has a different name for them. They consist of a tow truck with tools to help fix flats and all that. The cop, at best, should have called that service and told them the mile marker to find the dude.

And once those people arrive (in my experience, pretty quickly on interstates)... they'd also check to make sure there wasn't a medical emergency or something.

That shouldn't be the cop's job. Cops need to be targeting bigger crimes. Again, if that is the cop's job... its time to think of downsizing the force.

Not a cop hater... just think priorities need to be set as to what cops are there for.
 
2012-07-01 04:58:06 PM

whidbey: Cyclometh: whidbey: So much for small government with limited intrusion into our private lives, eh, Texas conservatives?

Its your world. You made it.

*Yoda voice* Read the article, you should, mmm?

*Ahnold voice*

Ahm not goink to reed awl THAHT.

Is subby right or wrong?


Eh, subby's a dumbass.

And wrong.
 
2012-07-01 04:58:23 PM

Whole Wheat: What am I outraged about, again?


It was something about brown people, or conservatives, or something. I kinda skipped big sections of this thread when the herpaderp started in early.

I did actually read the brief first... which was the primary reason for all the post-skipping here.
 
2012-07-01 04:58:28 PM

whidbey: Is subby right or wrong?


Ah, so you didn't read the thread, either. Too lazy to read anything, but not too lazy to comment? Weird.
 
2012-07-01 04:59:46 PM

downstairs: Guess which race is at about 90%.


Inuits?
 
2012-07-01 05:00:23 PM

Di Atribe: whidbey: Is subby right or wrong?

Ah, so you didn't read the thread, either. Too lazy to read anything, but not too lazy to comment? Weird.


It's not "weird." What have you been doing the past 4 years at Fark? Obviously ignoring tradition.
 
2012-07-01 05:00:53 PM
I'm a Texas liberal leaning moderate and everyone seems to forget that the dude was driving drunk. And he was in driving mode with the engine running on the side of the road. Drunk. A smart drunk driver would have parked in a parking lot to make his call or, maybe, just maybe, not drive.

No sympathy.
 
2012-07-01 05:00:57 PM

downstairs: Nope. Just stop at #3. There are non-police services for this. Every state/city probably has a different name for them. They consist of a tow truck with tools to help fix flats and all that. The cop, at best, should have called that service and told them the mile marker to find the dude.


This is Abilene, TX. Not a major metro area. You really think a cop, at 1am in the morning, is just gonna roll by & call a tow truck? I'm sure it'd be NICE if there were roadside assistance vehicles roving the Taylor County countryside at 1am on a Saturday night, but that's not realistic in Abilene, TX. Sorry, bud.
 
2012-07-01 05:01:36 PM

downstairs: Cyclometh: You know, I'm as much about being suspicious of cops as the next guy, but this is the sequence of events:

1. Guy pulls off road leading out of town.
2. Cop sees this, notes there's nothing in the area, no businesses or homes.
3. Cop pulls in behind car and turns on his flashing lights.
4. Cop checks on guy to see if he's OK, had an emergency or whatever.
5. Cop notices dude is stinking of booze and slurring his words.

So, in short- the cop was checking on someone he thought might be in distress, found out he was drunk and busted him.

/Stop breaking the law, asshole.
//Cases like these give those of us who really do value strong protection for civil liberties a bad name.

Nope. Just stop at #3. There are non-police services for this. Every state/city probably has a different name for them. They consist of a tow truck with tools to help fix flats and all that. The cop, at best, should have called that service and told them the mile marker to find the dude.

And once those people arrive (in my experience, pretty quickly on interstates)... they'd also check to make sure there wasn't a medical emergency or something.

That shouldn't be the cop's job. Cops need to be targeting bigger crimes. Again, if that is the cop's job... its time to think of downsizing the force.

Not a cop hater... just think priorities need to be set as to what cops are there for.


IMO, this is exactly what cops are there for. I see nothing nefarious in this story.
 
Displayed 50 of 138 comments

First | « | 1 | 2 | 3 | » | Last | Show all

View Voting Results: Smartest and Funniest


This thread is archived, and closed to new comments.

Continue Farking
Submit a Link »






Report