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Is there such thing as a "Bogus" stop?

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  • #46
    Originally posted by Profisher View Post
    Hey thanks. I found another link as well after searching for it. I was unaware of this decision. Are there any sites I can subscribe to receive these updates so I don't look like an idiot?
    That has nothing to do with having reasonable suspicion. That officer ended the traffic stop then held them longer to use the dog. Not good.

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    • #47
      Wow. I've learned a lot from reading this thread. I'm honestly not sure what Georgia law says about pretextual stops. At my agency (and this is common among all shifts), night shift officers will pull over tag lights, brake lights, tail lights, headlights, etc. None of us ever write for them (they're called "hummy" tickets because they make you go "mmmmm" when you hear that a citation was issued). Unless the person is going to jail and that's the basis for our PC.

      I think I'll bring this up in the next shift briefing so I can at least know what I'm not supposed to do. I don't remember this being mentioned at all during the academy.
      There once was a man who said: "Though,
      it seems that I know that I know,
      what I'd like to see is the I that knows me,
      when I know that I know that I know."

      - Alan Watts

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      • #48
        I realize this is an old thread, but somehow missed it until it has popped back up. Whren v. US speaks to this unless there has been a more recent decision. The Court realizes there is no way to regulate the true intentions of an officer in his/her actions as long as there is probable cause for him/her to act on another issue. In the end, pretext stops are fine. I agree that from time to time, a citation needs to be written for the violation someone has been stopped on, such as a tag light out, even when no other probable cause has been discovered for additional violations. This demonstrates fairness and reasonableness and will go a long way in Court when testifying on cases in which you do make additional charges. The little stuff is what leads to the big stuff. Remember Trooper Charlie Hanger? He stopped the car with no tags displayed on it. Timothy McVeigh was the driver.

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        • #49
          Originally posted by DeaconSteve View Post
          I realize this is an old thread, but somehow missed it until it has popped back up. Whren v. US speaks to this unless there has been a more recent decision. The Court realizes there is no way to regulate the true intentions of an officer in his/her actions as long as there is probable cause for him/her to act on another issue. In the end, pretext stops are fine. I agree that from time to time, a citation needs to be written for the violation someone has been stopped on, such as a tag light out, even when no other probable cause has been discovered for additional violations. This demonstrates fairness and reasonableness and will go a long way in Court when testifying on cases in which you do make additional charges. The little stuff is what leads to the big stuff. Remember Trooper Charlie Hanger? He stopped the car with no tags displayed on it. Timothy McVeigh was the driver.
          Ted Bundy was found in Pensacola on a traffic stop.....for a tail light I believe.

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          • #50
            He was actually stopped while still in OK for not having a license plate on the vehicle. It was a by chance vehicle stop. The Trooper was on his way to Oklahoma City but was told to go back to his jurisdiction. On his way back he helped a disabled motorist. When he was clearing up, Timmy boy passed by. There was more to the story that makes it a great stop. If this link works right it will tell the story. http://www.news-star.com/article/200...NEWS/302259941

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