OR, traffic stop CHL

[BroncoFan]

O.K this is a topic of great debate... Here is another little quirk of the law, we can stop a cop in traffic and write them citations for speeding, operating a cellular device while driving, using their computers while driving(distracting device). Just get up behind them, turn on your amber lights, honk if needed pull them over, walk up to their vehicle, request their ticket booklet and proceed to cite them for their infractions. If the officer refuses, place a call for additional units on 911 and tell the officer that he or she is under citizens arrest. They can not stop you from doing so and will have to appear in front of traffic court. They are to be held to the letter of the law just as we are. It is a wonderful thing to learn law for a career in Criminal Justice. Check this sight out for some gun laws Oregon Firearms Federation | FAQ's. A Gun Owner's Guide In The Beaver State

You guys that come off as authorities on subjects and then are dead wrong just slay me.

LEOs are exempt from ORS 811.507 - "...This section does not apply to a person who activates or deactivates a mobile communication device or a function of the device or who uses the device for voice communication if the person:..(e) Is operating a motor vehicle while providing public safety services or emergency services; (f) Is operating a motor vehicle while acting in the scope of the persons employment as a public safety officer, as defined in ORS 348.270"

ORS 820.300 and 320 allow an LEO to exceed the speed limit with or without lights and/or siren- they must use "due caution" and must drive with "due regard for the safety of all other persons..."

Example - They may be running to back up another officer or in other situations under agency guidelines that allow a code run without lights and siren. Imagine an LEO running up on a shots fired call. They could run code until they get near the area and then off go the lights. Good luck running up behind an LEO honking with your ambers on ready to issue that citation. BTW, would you speed to catch up with the officer? I agree it's "a wonderful thing to learn law for a career in Criminal Justice." I just wish more people would let the learning sink in.

 

[doubletapJim]

Here is another little quirk of the law, we can stop a cop in traffic and write them citations for speeding, operating a cellular device while driving, using their computers while driving(distracting device). Just get up behind them, turn on your amber lights, honk if needed pull them over, walk up to their vehicle, request their ticket booklet and proceed to cite them for their infractions. If the officer refuses, place a call for additional units on 911 and tell the officer that he or she is under citizens arrest. They can not stop you from doing so and will have to appear in front of traffic court. They are to be held to the letter of the law just as we are. It is a wonderful thing to learn law for a career in Criminal Justice. Check this sight out for some gun laws Oregon Firearms Federation | FAQ's. A Gun Owner's Guide In The Beaver State

Good luck with that. Maybe you are not so well versed. You are much better off calling a supervisor if you believe a violation has occurred. If an officer keeps getting complaints about driving when he or she is not legally allowed to break the law then they will likely be terminated. Trying to pull one over will likely land you in jail.

ORS 811.507 - Operating motor vehicle while using mobile communication device - 2011 Oregon Revised Statutes

ORS 820.300 - Exemptions from traffic laws - 2011 Oregon Revised Statutes

ORS 162.247 - Interfering with a peace officer or parole and probation officer - 2011 Oregon Revised Statutes

And don't forget the mobile vehicle exemption for search warrants.

PSF-2.10 - Search, Seizures & Inventories

Maybe not the best links, but that only took about 5 minutes to find.

 

[BroncoFan]

Doubletap - My internet must be just a fraction faster then yours! lol

 

[doubletapJim]

Doubletap - My internet must be just a fraction faster then yours! lol

Not bad for a Broncos Fan

 

[BroncoFan]

Not bad for a Broncos Fan

Slow in some things and faster in others

 

[boarder4life81]

You guys that come off as authorities on subjects and then are dead wrong just slay me.

LEOs are exempt from ORS 811.507 - "...This section does not apply to a person who activates or deactivates a mobile communication device or a function of the device or who uses the device for voice communication if the person:..(e) Is operating a motor vehicle while providing public safety services or emergency services; (f) Is operating a motor vehicle while acting in the scope of the persons employment as a public safety officer, as defined in ORS 348.270"

ORS 820.300 and 320 allow an LEO to exceed the speed limit with or without lights and/or siren- they must use "due caution" and must drive with "due regard for the safety of all other persons..."

Example - They may be running to back up another officer or in other situations under agency guidelines that allow a code run without lights and siren. Imagine an LEO running up on a shots fired call. They could run code until they get near the area and then off go the lights. Good luck running up behind an LEO honking with your ambers on ready to issue that citation. BTW, would you speed to catch up with the officer? I agree it's "a wonderful thing to learn law for a career in Criminal Justice." I just wish more people would let the learning sink in.

This reminded me of this incident from last year <broken link removed> Somehow I don't think the deputy was excercising "due caution" or "due regard for the safety of all other persons...". She didn't even face disciplinary action from the department.

 

[BroncoFan]

This reminded me of this incident from last year <broken link removed> Somehow I don't think the deputy was excercising "due caution" or "due regard for the safety of all other persons...". She didn't even face disciplinary action from the department.

1st rule for first responders/SAR. Can't help the victim if you become one...

 

[Cougfan2]

Not bad for a Broncos Fan

3. No Sports Team discussion and/or material.

Everyone has their own Team, whether they be extremely Supportive or not a Broncos Fan. This community welcomes everyone, no matter what lame football franchise they may support. Since this topic has very little to do with firearms and a great potential to offend others, it's best that we leave it alone.

Sorry! A little Mod humor. I couldn't help myself!

No offense meant to anyone.

 

[BroncoFan]

3. No Sports Team discussion and/or material.

Everyone has their own Team, whether they be extremely Supportive or not a Broncos Fan. This community welcomes everyone, no matter what lame football franchise they may support. Since this topic has very little to do with firearms and a great potential to offend others, it's best that we leave it alone.

Sorry! A little Mod humor. I couldn't help myself!

No offense meant to anyone.

Ha! Drinking the Haterade Coug?

 

[BAMCIS]

........................Oregon does not have the Terry law.

So let me get this straight. Oregon law (or lack of law in this case) trumps the US Supreme Court? Hmmm....interesting.

 

[boarder4life81]

So let me get this straight. Oregon law (or lack of law in this case) trumps the US Supreme Court? Hmmm....interesting.

O.R.S. § 131.615 O.R.S. § 131.625. Enacted in 1973. Officer may make reasonable inquiry; detention may only last for reasonable time and may not exceed vicinity of stop; officer may frisk if he reasonably suspects that the suspect is armed and poses danger. http://www.fas.org/sgp/crs/intel/m013006.pdf defines "resasonable inquiry" in the first paragraph (in an "over simplified terms") Basically, Oregon police have to establish a reasonable suspicion for the detention before they can proceed, but once they have done so then they have the right to disarm an individual.

 

[Jammer Six]

That's why you never seek or listen to legal advice on the internet.

 

[boarder4life81]

Here is example from just a few months ago of EPD attempting to detain an individual they spotted OC in downtown.

 

[Blitzkrieg]

I do not watch nor am I intererested in any team sports discussion, it is Babylonian to the core

 

[The B]

Here is example from just a few months ago of EPD attempting to detain an individual they spotted OC in downtown.

Well done... I'm glad you didn't "humor" him. I'd have a real problem answering to some kid who looked like he hasn't graduated high school yet. Personally, "am I free to go?" Would been all I'd have had to say, but there's certainly nothing wrong with having a conversation, if you're obliged to do so.

 

[hermannr]

O.R.S. § 131.615 O.R.S. § 131.625. Enacted in 1973. Officer may make reasonable inquiry; detention may only last for reasonable time and may not exceed vicinity of stop; officer may frisk if he reasonably suspects that the suspect is armed and poses danger. http://www.fas.org/sgp/crs/intel/m013006.pdf defines "resasonable inquiry" in the first paragraph (in an "over simplified terms") Basically, Oregon police have to establish a reasonable suspicion for the detention before they can proceed, but once they have done so then they have the right to disarm an individual.

remember..."reasonable suspicion" is of a CRIME being committed, having been committed. Traffic infractions are not "crimes" That is why Terry does not apply, or ORS section 131, or the RCW in WA either.

Before the officer can legally disarm you, he must be able to articulate his suspician of a particular CRIME....traffic infractions do not count as CRIME. Walking down the street with an OC is not a crime, sitting in a retaraunt, or shopping at a store while openly armed is not a crime.

 

[The B]

O.K this is a topic of great debate. It is against the 2nd and 4th amendments for police to enter any persons personal property, be it a home(owned or rented) car, wallet, or purse(i.e personal effects) with or with out probable cause, and conduct a search and seizure of any property with out prior consent. They would need to obtain a search warrant first. A car can be classified as either public or private property. People live in their vehicles all of the time. This also protects individuals from being approached in the state of Oregon and this includes Utah, Texas, Arizona, New mexico, Now Oklahoma, and I think Nevada, from police officers taking your side arm off of your person with out your permission, As these are open carry states that I know of. Oregon does not have a Terry law in place, granting individuals the right to openly carry any legally obtained fire arm he or she sees fit. We do not have to present I.D. when asked by police officers(exception being in a traffic stop),this is a part of the fourth and fifth amendments. There are some videos on Youtube.com about this very thing happening in Eugene. Two city cops try to stop a person from open carry and request his weapon and his I.D. He promptly told the police no. They started to get huffy when he read them the law, nearly to the letter. They could not stop him from leaving either. Legally if a person tries to take something of our with out permission, we have the right to place that person under citizens arrest. This includes the police. Cops wonder why they get a bad rap, this is one of the many reasons for it. Here is another little quirk of the law, we can stop a cop in traffic and write them citations for speeding, operating a cellular device while driving, using their computers while driving(distracting device). Just get up behind them, turn on your amber lights, honk if needed pull them over, walk up to their vehicle, request their ticket booklet and proceed to cite them for their infractions. If the officer refuses, place a call for additional units on 911 and tell the officer that he or she is under citizens arrest. They can not stop you from doing so and will have to appear in front of traffic court. They are to be held to the letter of the law just as we are. It is a wonderful thing to learn law for a career in Criminal Justice. Check this sight out for some gun laws Oregon Firearms Federation | FAQ's. A Gun Owner's Guide In The Beaver State

This is the single stupidest post I've ever seen on a gun board. Complete BS, and if you actually attempt to detain a cop for using his cell-phone while driving, you WILL end up getting free rent.

 

[The B]

remember..."reasonable suspicion" is of a CRIME being committed, having been committed. Traffic infractions are not "crimes" That is why Terry does not apply, or ORS section 131, or the RCW in WA either.

Before the officer can legally disarm you, he must be able to articulate his suspician of a particular CRIME....traffic infractions do not count as CRIME. Walking down the street with an OC is not a crime, sitting in a retaraunt, or shopping at a store while openly armed is not a crime.

Terry is two-pronged- A) reasonable suspicion a crime has, is, or will be committed, and B) officer has a reasonable belief that you're both armed AND dangerous.

And, actually, the supreme court HAS determined that minor traffic infractions DO fulfill the reasonable suspicion prong. We know infractions aren't crimes, but the SCOTUS doesn't.

 

[boarder4life81]

Terry is two-pronged- A) reasonable suspicion a crime has, is, or will be committed, and B) officer has a reasonable belief that you're both armed AND dangerous.

And, actually, the supreme court HAS determined that minor traffic infractions DO fulfill the reasonable suspicion prong. We know infractions aren't crimes, but the SCOTUS doesn't.

You are correct. Here is the supreme court case to back you up. Whren v. United States, 517 U.S. 806 (1996)[1], was a United States Supreme Court decision[1] which "declared that any traffic offense committed by a driver was a legitimate legal basis for a stop."[2]

The case's Supreme Court syllabus states that the court held that "the temporary detention of a motorist upon probable cause to believe that he has violated the traffic laws does not violate the Fourth Amendment's prohibition against unreasonable seizures, even if a reasonable officer would not have stopped the motorist absent some additional law enforcement objective."

 

[Jammer Six]

Wait, wait, wait!

Westcoastmountainman says that Terry doesn't apply in Oregon.