Thursday, July 25, 2013

Guilty as charged - mea culpa already!

While driving southbound on I-95 in the middle lane in the middle of the day a state trooper pulled next to me in the fast lane, then dropped back behind me, and switched on the blue lights. I dutifully signaled and pulled over at my first opportunity. The officer informed me that he stopped me because I wasn't wearing a seat belt and then asked for my license and registration. While handing over my documents, I explained to the officer that I actually was wearing my seat belt but had it under my arm instead of on my neck because it got twisted up and it was uncomfortable.. He said that I was wearing it improperly and so I wasn't wearing it. I said ok.

He went back to his patrol car and, I suppose, pulled up my information. When he returned, he asked me if I had ever been arrested. At this point, I could have asked him if he was giving me a ticket, and then asked if I was free to go. He still had my license and registration in his hand. But instead of invoking my rights and probably ending up with the discretionary seat belt ticket, I responded - "not lately" to his question about being arrested. He had just run my name, he must have seen all (not that there's much) of my possible criminal and driving history, including tickets, arrests, and warrants. And this is Florida, a most unforgiving state that never forgets any infraction, charge, or conviction perpetrated within its borders. But, I just said "not lately". Then he asked me where I was going, and I told him. Then he asked me if I had ever been arrested for guns or drugs. I said no. Then he asked me where I was coming from, and I told him. Then he asked me how long it would take me to get where I was going. A geography quiz now? Mind you, he is still holding my license and registration in his hand. I didn't want to get into a disagreement with him. I know how important "demeanor" is to an officer. I usually lose out in the demeanor department, because I am rarely happy and cheerful during a traffic stop. So I told him my projected travel time. Then he asked me again about the drugs and guns. Again I said no, no drugs or guns. I don't know if he thought I was going to get nervous and feverishly confess to an imaginary drug crazed shooting spree. I didn't. He finally handed me back my paperwork and told me to drive safe.

None of the officer's questions had anything to do with a seat belt. Even though an officer can ask these questions during a traffic stop, I was not obliged to answer any of them. However, he could have given me a seat belt ticket just to ruin my day. So I cooperated. If he had asked me if he could search the car, I would have politely declined. A vehicle search is a consent search. Procedurally an officer is supposed to return to the driver his license and registration before asking to search the vehicle. It is intimidating to have an officer holding your documents, and not knowing if he is going to write a ticket or ask for a search.

I am a middle aged white lady. I am very likely within the least likely demographic set to have drugs or guns. And, even if I had a history of drugs and guns, and had been to prison for the drug crazed shooting spree, that fact is not relevant to this traffic stop.

U.S. Constitution, Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.



“It is said that power corrupts, but actually it's more true that power attracts the corruptible. The sane are usually attracted by other things than power.”
David Brin

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