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Is it legal to be pulled over for a complaint by a person in the precious city?

Discussion in 'Legal & Political Archive' started by chowser2, Dec 23, 2011.

  1. chowser2

    chowser2 seaside Member

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    I was just pulled over because a person called in a complaint that I passed in a no passing zone in front of a military base in the previous city. First off let me say that in front of the base is a passing zone which is where I passed the person who made the complaint. I theb made it into the next city where a very nice police officer pulled me over because the person who complained called the city where I was heading.

    Now lets start off the officer was very nice but gave me very vague answers to my questions.

    He said that he pulled me over to warn me and he could have given me a ticket on behalf of the person who complained but that the person did not want to press charges, and just wanted me to be stopped and warned. the officer said they work mainly based off complaints and that is why I wss pulled over.

    I am a law abiding citizen and I have absolutly nothing on my record, traffic or otherwise.
    And yet I was till made late for work, and had my time wasted because a random person called in a
    complaint.

    Is that legal to pull me over for not only something that never happend, there was no proof, the officer didnt see it, it offense occured in a different city and the person who complained did not even want to file a formal complaint.

    I want to file a complaint, but I dont really want it agaimst the officer but the policiy that allowed him to pull me over,( or was it the officer who was wrong) I called the station in both cities and the state police but have gotten no answers about what allows then to do this


    Take into account I am very ticked at the moment and this is probably just me ranting
     
  2. HenryJ

    HenryJ Eastern Oregon Bronze Supporter Bronze Supporter

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    Take a breath and count to ten. Is this a battle you really want to raise your blood pressure over?

    The practice is common. Many times the complaint is broadcast to law enforcement in the vehicles last known direction of travel. Around here the officer usually asks if the reporting party wishes to sign a complaint. If that is the case then indeed the suspect would be cited and have their day in court.
    Many times without a party willing to sign the complaint, no further action would be taken.
    Sounds like a slow day and timing just right to pull you over. Sorry for your delay, but the officer is just trying to do his , or her job as it has been outlined to them. I think they do more good than harm in the service that they provide.
    Good people do get inconvenienced at times. Hopefully the bad guys get the brunt of it.
    Just curious, what vehicle do you drive? Racial profiling is frowned upon, but some vehicles can be "target" vehicles. Vehicle profiling may play a part sometimes.
     
  3. Redcap

    Redcap Lewis County, WA Well-Known Member

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    I'd be ticked too. Sounds like a serious bull policy.
     
  4. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Have a beer and forget about it.
     
  5. WAYNO

    WAYNO Oregon City Gold Supporter Gold Supporter Bronze Supporter

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    The man can do whatever he wants. He wants any excuse to pull over absolutely everybody he can, in hopes that he can make you a crook, and be able to control you.

    WAYNO.
     
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  6. chowser2

    chowser2 seaside Member

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    I was driving my wifes bright blue 2011 ralliart
     
  7. chowser2

    chowser2 seaside Member

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    Make me a crook? Then control me

    Sorry I,dont understand
     
  8. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    Any citizen can "sign a complaint" meaning, they witnessed the infraction and they will show up to court to defend it. Most people won't and don't want to do this. Also, citizens and the police do not file charges. Criminal charges are filed by the district attorney. A citizen can take someone to civil court. Anyway, that has little to do with this, it was a very bad choice of wording on his part. Basically the citizen who called in the complaint didn't want to sign a complaint against you. This is where it gets grey. I believe the officer still needs his own probable cause to pull you over, since the citizen refused to file the complaint.

    If you really want to get into it you'll have to take it up with the officer's supervisor and see if there was legal PC to pull you over. Or, you can do like other have suggested and have a beer and realize the officer was just remind you there are some really jerks out there on the road.

    Good luck and Merry Christmas.
     
  9. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Get a lawyer and sue the chit out of the officer and his "John Doe." !! NO, I'M JUST KIDDING. TRUST ME, IT ISN'T WORTH A HASSLE!!

    Have a beer. Have two. Forget it. Life's too short to spend it in angry mode. C'mon over and I'll buy you a beer.

    100 years from now, what difference will it make?
     
  10. WAYNO

    WAYNO Oregon City Gold Supporter Gold Supporter Bronze Supporter

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    I severely mistrust our huge government, and the politicians who would like to dissolve the Constitution, one Amendment at a time.

    It is still illegal in most cases to detain and/or arrest anyone for no reason. So, given the smallest of reasons, an officer can stop anybody. At that point, an officer doesn't have to be real creative in deciding that the person detained is breaking some law, some where, albeit obscure. When you're subject to arrest at any given time, you are being controlled.

    Just my opinion, but I've seen too many times where officers are unduly confrontational. When you're confrontational back, you're in deep doo-doo.
     
  11. Gunner3456

    Gunner3456 Salem Well-Known Member

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    I belong to another forum where a member is a LEO. He flat out said that if anyone he stopped resisted anything, even verbally, he'd find something to write them for.
     
  12. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    I think this is common with the police. I know if I had that power I would also be corrupted to use it this way. Human nature.
     
  13. Mikej

    Mikej Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    I got pulled over between Portland and Salem by the OSP at 6:00am the Monday after Labor Day because of the doll I had straped into the seat of my boat!! Apparently, well, the very nice officer said " I know you probably think that doll is pretty cute, but you wouldn't believe the calls we've got". Bare in mind here, the cop and I are sitting on the side of I-5 with traffic wizzing by, durring rush hour, risking our lives and property, so he can tell me he's got calls from the yahoo's that live in the Portland/Salem area!! I sure wish the law cared that much about the guy across the street from me selling drugs!

    Oh yeah....He can pull you over for anything if he gets a mind to. Hmmm, try going in to THAT local cop shop and put up a big stink.....Or not.

    Mike
     
  14. chowser2

    chowser2 seaside Member

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    I just dont want him to get away with harassing anyone because he is bored or because his buddy called him
     
  15. CJ1089

    CJ1089 Aloha, Oregon Marveling at the world.

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    What do you think about that?

    To me that sounds like an obvious abuse of power, I find that attitude both common and offensive at the same time. Could be why I never voluntarily cooperate with the Po-Po. Got a few hours in detainment to show for it over the years but I have always walked out with my integrity intact.
     
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  16. parallax

    parallax eugene, or-gun Bronze Supporter Bronze Supporter

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    I drive alot for work, long trips many hundreds of miles. for entertainment, i listen to a police scanner. there are many times i hear calls about somebody with a cell phone,,driving, calling in on somebody who passed them to fast, or somebody who passed them in the right lane( cause they would not move over.).calls about someone weaving in and out of traffic,,.one time i even heard a call that someone was following a person who was driving 68 in a 65mph and wanted the police to pull them over and give them a ticket.. some crazy stuff.. the problem is everyone has a cell phone, and some of them feel its there duty to be the civil road police. unfotunately,when someone calls you in, and the police are close enough to catch up to where you are at, and if they have nothing better to do,, they willl follow you, and perhaps observe you, and even pull you over,, legally, because, well you know cops get to do what ever they want to , cause they are cops.
     
  17. Catskin

    Catskin Redmond, OR New Member

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  18. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    I didn't read all the responses, so I don't know if the question has been answered or not, but here it is:

    Yes. It was legal. The level of evidence the officer needs to pull you over is called "reasonable suspicion," and is generally defined as really any degree of articulable evidence that you have committed some form of violation. A tip from a motorist definitely qualifies for this.

    The officer was, furthermore, able to pull you over, despite the alleged offense occurring in the previous city, because the ORS (and probably all 50 states) grants sworn officers from any department or agency authority to operate in any other department or agency's jurisdiction. If you're a cop anywhere in Oregon, you're a cop everywhere in Oregon.

    The officer was not accurate about one thing, though- he could not have written you a citation for the offense. Oregon police officers can write for violations only on the word of another sworn officer, not a non-LEO. He probably just wanted to add a little scare to you, though, so he lied a little. If the accusing motorist had wanted to file what's commonly referred to as a "citizen's ticket," the officer could have facilitated that, however.

    And just because we're sort of on the topic, but not necessarily applicable to anything you're wondering about... Oregon allows "pretext stops." This is where a cop can use any legal excuse to pull you over for the purpose of investigating something unrelated. For instance- if a cop thinks you might have drugs in your car, under Oregon law, he can pull you over for failing to signal within 200 feet of a turn (very common scenario). In Washington, this would be illegal... but not here.

    Hope that helps!
     
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  19. sheepdip

    sheepdip Redland Well-Known Member

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    #6 what the heck is a raliart?
     
  20. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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