Oregon Cops Are No Longer Allowed To Routinely Turn Traffic Stops Into Criminal Investigations

[mkwerx]

In 23 years of driving, i've been pulled over six times. Of them, five were for actual violations (I have only ever received one ticket resulting from being pulled over), and one was because the cop thought that my temp tag was improperly placed - showed him the back which gave locations for placement, he was cool and said "learn something every day" and that was that. No fishing expeditions, even in my "beater" with a crumpled side door, can-open-ed back door (I may have backed a flatbed into said truck, because I forgot where I'd parked it and backed around a corner in my driveway...) with limo tinted windows.

I think it has more to do than just driving a beater, they look for actual violations, they know the history of the registered owner, and Oregon's traffic code is over an inch thick.

If they want to go on a fishing expedition, they still can, they'll just have to change the angle of the dangle a bit.

 

[Mikej]

@Mikej No one wants to be a cop in Portland. Who would want to take a job that's stressful, potentially life-threatening every day, and has no respect from the community (or even the mayor, commissioners, etc.)?

I think the cops on the streets have a great deal of respect and trust from the decent, up standing, residents of Portland. My heart goes out to them because of the lack of support from Ted Wheeler and his minions. And Daniel outlaw who has been put in the terrible position, IMO, of keeping her mouth shut about the terrible situations that have been allowed to stink up this city. Or the likely probability of losing her job if she were to tell teddy and his minions what a terrible job they've done allowing this city to turn into what it has.

Luckily there are people that want to take on stressful, potentially life threatening, jobs. All branches of the military, and police forces all over the country are full of those people.

 

[Certaindeaf]

@Mikej No one wants to be a cop in Portland. Who would want to take a job that's stressful, potentially life-threatening every day, and has no respect from the community (or even the mayor, commissioners, etc.)?

Even the Chief's name Is outlaw!

 

[bbbass]

Not to say I don't respect LEO, I'm tired of being harassed because of my low end cars. I pay enough in taxes, leave me alone.

I have an old H.S. friend (we graduated in 1969/70) that really doesn't like coppers. They pulled him over all the time. I think I mentioned before that he drove a cobbled together VW Bug with 4 diff color fenders and two diff color engine and trunk hoods, may have had some Bondo showing also. In the car was usually an underage girl from the paradise of Claremont High School. Also in the car would be a baggie of MJ or a tin foil of Hash and a pipe, or two. I think they knew him pretty well. LOL

Like Alexx, I jusst don't get stopped.

Well, I did once...over 50 years ago.

I was speeding and got a traffic ticket.

The police officer couldn't have been more professional.

I WAS speeding and learned my lesson.

I obey traffic law.

As a young adult, 18-20yrs old, I worked for the phone company in L.A. and lived on the east side of L.A. county. Driving to work usually took anywhere from 1hr on Sat to 2.5 hrs. Driving home was 3 hrs. Really extended my work day and that is why I quit after 3yrs. But in the meantime, when there was a clear stretch, I drove 80-95mph. So I got a lot of tickets. Once while returning to Pomona from a trip north to Kernville, I was pushing my VW hatchback to 115mph out on the desert. During a holiday. Long line of cars going up a hill, I passed them all on the wrong side of a double yellow, CHP waiting for me at the top of the hill. Oh boy. That ticket cost me $350 and a threat not to get even one more for 3 years.

I moved to Bend in 2004 to take a position as a Home Inspector under contract with Amerispec. I drove from job to job. The area traffic can be frustrating... I stacked up 3 more tickets, a trip to driver's ed, another threat, and an insurance rate increase. Oh heck!!!

But I been a good boy since then. My last stop was last year for a headlight that I should have replaced much sooner. Nice young lady cop, gave me an official warning to get it fixed. I was in the database, so I went to Walmart the next day. It wasn't even expensive, I was just being lazy. Hey, I stlll could see with the one headlight!!!

 

[Hueco]

I would want LEO to eliminate the threat/crime prior to the action.

Which is, to say, that you want LEO to prosecute thought crime?

 

[bbbass]

Which is, to say, that you want LEO to prosecute thought crime?

@ Minority Report... Of course, I absolutely HATE anything with Tom Cruise!!!

 

[Ratfink]

So I guess I'm alone on this one. The libtards just took away the right of every cop to ask if there are drugs and guns in the vehicle.
Most of my arrests for those two articles came from consent after asking that question. Yeah, YOU'RE all right. leave those items in the hands of criminals where they belong....
None ever took away the right to say no...I think my time on this site is done....

 

[SUPER X]

If the officer has reason to believe there is criminal activity, they can proceed as they would have before this case.

IE, they see what appears to be pot. Bring in it do a photo op, crow in the publications, and wait for FARK to report it was hemp, not pot.

Pot is legal now. So would it still be probable cause. ?

 

[Member 18201]

Roger Corman's Crime Zone is worth watching.....

 

[titsonritz]

I WAS speeding and learned my lesson.

I obey traffic law.

If you had really learned something you'd have bought a radar detector.

 

[Hueco]

So I guess I'm alone on this one. The libtards just took away the right of every cop to ask if there are drugs and guns in the vehicle.
Most of my arrests for those two articles came from consent after asking that question. Yeah, YOU'RE all right. leave those items in the hands of criminals where they belong....
None ever took away the right to say no...I think my time on this site is done....

Nah, you're not alone.

Those of us who know our rights will simply look at you and smile...knowing full well we don't have to answer.

If a criminal wants to answer truthfully...that's their bad.

 

[Tarawa86]

So I guess I'm alone on this one. The libtards just took away the right of every cop to ask if there are drugs and guns in the vehicle.
Most of my arrests for those two articles came from consent after asking that question. Yeah, YOU'RE all right. leave those items in the hands of criminals where they belong....
None ever took away the right to say no...I think my time on this site is done....

I would encourage you to not be so quick to bail. One of the nice things about NWFA is that the moderators have a pretty light hand compared to other sites, and there's a broad spectrum of opinions among it's members. This results in some robust discussions on occasion, which is a good thing.

I mean, the alternative is ifish, so...

 

[zenbreath]

There's been other complaints over the years of police unjustly targeting certain individuals late at night.

The rules change after midnight.

Go get breakfast at the Hotcake House (east end of Ross Island bridge, great food, reasonable prices, 24 hours) at 3am. Divide the customers into 'owns his own attorney' and 'needs a public defender'.

Average people are not on the street between midnight and 4:30am.

 

[bbbass]

So I guess I'm alone on this one. The libtards just took away the right of every cop to ask if there are drugs and guns in the vehicle.
Most of my arrests for those two articles came from consent after asking that question. Yeah, YOU'RE all right. leave those items in the hands of criminals where they belong....
None ever took away the right to say no...I think my time on this site is done....

What, you love Tom Cruise???

 

[CJWinOR]

So I guess I'm alone on this one. The libtards just took away the right of every cop to ask if there are drugs and guns in the vehicle.
Most of my arrests for those two articles came from consent after asking that question. Yeah, YOU'RE all right. leave those items in the hands of criminals where they belong....
None ever took away the right to say no...I think my time on this site is done....

I was a deputy sheriff for a number of years, and would have agreed with you in times gone by. Unfortunately, of late I've had a number of occurrences where law enforcement has lied or abused their power to stop me with no legitimate reason to fish for drunk driving and what not. In one case, in Shoreline, WA I was heading out very early in the morning so as to get to my fishing destination by first light. A King County deputy was on the side of the road engaged in a traffic stop. I did the courteous and often legally required thing, and moved over to give him room. This gave the deputy an excuse to stop me for swerving, that was the beginning of his ten minute routine trying to cooerce my concent to search my vehicle.

I had managed to drive for nearly forty years and only get stopped twice, yet in the past 4-5 years, I've experienced a half dozen fishing expedition stops simply for being out driving during the early hours. When law enforcement lies, and violates the law in the name of enforcing the law, things like this are the outcome.

I never once broke the law to enforce the law, and I am proud of it. I also never had a case thrown out due to bogus PC. If law enforcement feel they can not enforce the law without violating it, then they are in the wrong profession. It may really get to you that you can't find real PC for a stop but that is the law, learn to live with it, of find a new line of work.

 

[NW Backpacker]

So I guess I'm alone on this one.

Nah, you're not alone, see comments 4, 5 and 7. Looks like they mostly agree with you. To some degree I think many of us agree with you, but as gun owners we are relieved that, perhaps in the future, we will not be asked about guns for no reason.


From the OP article:
"While Arreola-Botello was looking for his vehicle registration and proof of insurance, Faulkner said, he asked him about guns and drugs, then asked if he could search the car. Arreola-Botello, whose grasp of English was spotty, reportedly said, "Sure, OK.""

I'm betting the court decision was political in this case.

 

[The Heretic]

Who ever sees police?

At home I don't. But then I live on a private road in the boonies.

I see LEOs in vehicles all the time in my commute though.

 

[Ratfink]

I can only speak for myself but the MAJORITY of fellow officers that I knew never abused their power. I served proudly with 250 fellow officers who put their lives on the line daily to protect. So it infuriates me when supposedly conservative folks who are pro-constitution slam those who swore to protect it. Libtards in sheep's clothing in my opinion.
I guess 25 years of working a gang infested, drug devastated society has hardened my resolve and I have little use for those who armchair quarter back LEO's.

 

[Member 53328]

Nobody answers those questions truthfully anyway.

But what about weapons or drugs in plain sight? Are they not allowed to follow up on that???

That falls under the plain view doctrine at which point they do not need a warrant to seize those goods. If they are illegal that is.

 

[Member 5605]

While I am a law abiding citizen and do my best to be within the law, I find this ruling great. I have the most respect for those who serve in all capacities.

There is no reason any officer should be asking questions beyond the reason they pulled you over in the first place. Quite simply, this is a fishing expedition.

The same applies to the officer who is called to your house because your crackhead sons mother accuses you of abuse and you talk to the officer outside.

"No sir, what is in my house is none of your business, you are here to discuss this accusation and this accusation only."


Now let's be the advocate on this: I know there are people who are pissed (and rightly so) of the 'safe storage' bill that the Oregon Legijokeure is wanting to put through. Same applies here. Officer cannot compound and should not be able to compound anything else they ask about in a home. They should not be asking about things outside of the scope of the original 'violation'.

Right?