ExpertLaw.com Forums

Police Were Too Quick to Draw

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 10-27-2009, 07:02 AM
    FXDCI
    Police Were Too Quick to Draw
    My question involves police conduct in the State of: Louisiana

    I got pulled over for a burnt out license plate bulb in Louisiana. the cop ran my Texas plate number and I heard the dispatcher tell him that it was a hit in Phoenix on a stolen Honda but the Texas plate is clear.remember, I have Texas plates. he then drew his weapon and ordered me out of the car with me walking to the back of my car with a red dot on my chest. horrifying feeling to say the least. then came the cuffs,then the sobrity test and search of my car which they left wrecked. I was not arrested or given a ticket but was found to be too impaired to drive though I told him to let me point a gun at him for a little while until backup arrives and let you get to shaking and lets see how well you do on the test. Is there anyway a Internal Affairs investigation can excuse his actions or justify them? I heard what the dispatcher said. why couldn't he?
  • 10-27-2009, 08:44 AM
    Mr. Knowitall
    Re: Too Quick to Draw
    What did your BAC turn out to be?

    As for the license plate issue, I don't think it flies. How many seconds does it take to stop in a parking lot and switch license plates with another car?
  • 10-27-2009, 11:34 AM
    cdwjava
    Re: Too Quick to Draw
    Here's the thing ... if the officer believes you are in a stolen car, you are all of a sudden a suspected felon. You are also in a place where you control a very large and dangerous weapon (the vehicle), you could have any and all manner of weapons stored inside, and there could be associates hiding inside as well.

    Law enforcement treats these as high risk stops. So, yes, you can complain to the agency. But, I strongly suspect that they will find the officer's actions to be within policy. Well, they might scold him for not waiting for MORE guns to show up.

    Speak with an attorney regarding the DUI defense.

    Oh,and what was your BAC?

    - Carl
  • 10-27-2009, 03:37 PM
    FXDCI
    Re: Too Quick to Draw
    my BAC was 0 because I have not had a drink since 10-03-1994.

    The Texas plate is clear. I do not have Arizona plates on my car. A plate with the same number on a Arizona plate was reported stolen. not a Texas one. like she said, my plate is clear. i could understand what she said, why couldn't he?
  • 10-27-2009, 04:35 PM
    cdwjava
    Re: Too Quick to Draw
    Well, for whatever reason, the officer believed the plates were on a stolen vehicle. As such, his actions were quite reasonable.

    If your BAC was .000 you should be happy when the prosecutor does not file DUI charges ... unless they operate under the theory that you were high on medication or controlled substances.

    If charges are filed, consult legal counsel.

    If you feel the officer was out of line, make a personnel complaint. But, pulling a gun on a possible auto theft is quite reasonable in most every circumstance.

    - Carl
  • 10-28-2009, 10:42 AM
    FXDCI
    Re: Too Quick to Draw
    prosecutor? I was not arrested for anything. so where did the cop get the idea that my car was stolen? the dispatcher told him my plate was clear. why would he worry about an Arizona plate when the plate he is dealing with is from Texas? the fact is he drew a weapon on a citizen when he did not have a reason to. I wish he would have arrested me and taken me in for a blood test so he could stare at the results and realize that he has screwed up. again.
  • 10-28-2009, 10:47 AM
    jk
    Re: Too Quick to Draw
    were you driving a Honda?
  • 10-28-2009, 10:53 AM
    cdwjava
    Re: Too Quick to Draw
    Quote:

    Quoting FXDCI
    View Post
    prosecutor? I was not arrested for anything. so where did the cop get the idea that my car was stolen? the dispatcher told him my plate was clear.

    But YOU wrote, "I heard the dispatcher tell him that it was a hit in Phoenix on a stolen Honda" apparently the officer keyed on that, whatever that means.

    Quote:

    why would he worry about an Arizona plate when the plate he is dealing with is from Texas? the fact is he drew a weapon on a citizen when he did not have a reason to.
    You'll have to ask the officer why he thought the vehicle might be stolen ... perhaps the make and/or model did not match the plate. For instance, if the plate came back clear (as in not reported as stolen or wanted), but if it was reported as coming back on a Honda and you were in a Chevy, that's a problem.

    The point is, if the officer believed the vehicle might be stolen, he acted appropriately. if he just pointed the gun at you because he likes pointing guns at people,then he was out of line, should face scrutiny for a criminal complaint, and should find another line of work. I suspect that he will argue that he had reason to believe the vehicle was stolen based on what he heard the dispatcher say.

    So, you are left with a choice of a personnel complaint or letting it go.

    - Carl
  • 10-29-2009, 04:08 PM
    FXDCI
    Re: Too Quick to Draw
    I drive a white firebird which the TEXAS plate, (NOT ARIZONA) it has on it comes back to and is clear PER THE DISPATCHER. point is the cop did not listen to what the dispatcher said which means he does not have the ability to comprehend what he is being told and because of that made a grave error in judement. once again I ask, If a citizen understands what the dispatcher is saying, why can't the cop? a cop pulling his gun on a law abiding citizen is unwarranted is just wrong. I do not buy that fear for my life crap when the fear is made up in the cops mind and no reason for fear is there. as for the complaint, I filed that Friday and thank GOD for the video / audio in that car. It tells the whole story and since the radio communications is recorded as well it will prove he was wrong in what he did. I hope he loses his fricking job. pricks like him do not belong on the street. If fear has the ability to control his mind that easily then he should find another job. If the IA dept. does its job I will let it go. If not, I found a civil rights attorney who will. to cops, it is no big deal drawing a gun on somebody and judging by his actions and demeanor and cutting up with the guys afterwards it came across as being pretty fun to him. I came to this forum looking for UNBIASED opinions and maybe even finding a lawyers opinon but instead it seems I found one cop defending another. After my ordeal with the police, I can now understand why more and more people everyday are respecting the police less. They are weaving their own web.
  • 10-29-2009, 04:25 PM
    cdwjava
    Re: Too Quick to Draw
    Regardless of what you THINK the officer heard, the issue will come down to this: DID the officer have a reasonable belief to believe you were in a stolen vehicle? Or, did he have some other reasonable cause to draw a weapon? If so, his actions were justifiable. You do not know what the officer heard, or whether what you heard was cop-speak for something else or not.

    Again, it comes down to a reasonable belief by an officer of similar training and experience, not whether he comprehended the information properly. This is referred to as "the reasonable officer" standard.

    Report it to the agency and see what happens. If they find that he had reasonable cause to draw his weapon and did so within the law and agency policy and no discipline is forthcoming, you are free to spend a good deal of money on an attorney ... though, without real damages, it is unlikely that an award will be forthcoming, but it will be your money to spend should you wish to do so.

    The purpose of this site is to explain the law, not what you would like it to be or what you think the situation was or should have been. If the officer drew a gun on you for NO reason, I would agree with you that the officer should be tossed into the ash can at the very least. But, since you have absolutely no idea what the officer heard or thought he heard, you really have no idea why he did this.

    The key will be the officer's justification for the act and whether his action was reasonable based upon what he believed at the time. The action can be lawful even if the belief was based upon faulty information.


    - Carl
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 05:48 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved