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Reply #37


Response to Jenoch (Reply #8)

Sun Jan 6, 2013, 05:41 PM

37. Yep.

The stop clearly was for "contempt of cop," but the passenger was lucky that the cop was a moron and his story was ludicrous (at least as represented in the Second Circuit's decision). Any halfway competent officer would have found (or created) probable cause in a matter of seconds. All he had to say was that the passenger of the car gave him the finger, he followed and saw an unsafe lane change or erratic driving, or a rolling stop, etc. If you drive a car, you should almost presume probable cause.

Sounds like the passenger here was an absolute asshole and deserved a ticket. The officer was doing his job. He might have acted like a jerk, but I don't know about making a federal case of it.

There may be something else going on here. This judge is usually considered pretty liberal and not especially pro-law enforcement. He generally is pretty fair. I was really surprised to see him grant summary judgment to the officer in the first place.

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Replies to this discussion thread
Arrow 42 replies Author Time Post
MrScorpio Jan 2013 OP
Fumesucker Jan 2013 #1
Jenoch Jan 2013 #2
MrScorpio Jan 2013 #3
Jenoch Jan 2013 #4
MrScorpio Jan 2013 #6
Jenoch Jan 2013 #8
MrScorpio Jan 2013 #10
Jenoch Jan 2013 #13
MrScorpio Jan 2013 #17
Jenoch Jan 2013 #18
MrScorpio Jan 2013 #21
Jenoch Jan 2013 #22
white_wolf Jan 2013 #23
djg21 Jan 2013 #40
MrScorpio Jan 2013 #24
Jenoch Jan 2013 #25
MrScorpio Jan 2013 #27
Jenoch Jan 2013 #29
MrScorpio Jan 2013 #30
Jenoch Jan 2013 #31
kestrel91316 Jan 2013 #12
Jenoch Jan 2013 #15
LineLineLineLineLineLineNew Reply Yep.
djg21 Jan 2013 #37
TheMadMonk Jan 2013 #16
MrScorpio Jan 2013 #20
TheMadMonk Jan 2013 #41
Cirque du So-What Jan 2013 #5
MrScorpio Jan 2013 #7
ProudToBeBlueInRhody Jan 2013 #9
MrScorpio Jan 2013 #11
kestrel91316 Jan 2013 #14
ProudToBeBlueInRhody Jan 2013 #36
RedCappedBandit Jan 2013 #19
Renew Deal Jan 2013 #26
MrScorpio Jan 2013 #28
Skittles Jan 2013 #32
MrScorpio Jan 2013 #33
Kalidurga Jan 2013 #34
Amonester Jan 2013 #35
-..__... Jan 2013 #38
MrScorpio Jan 2013 #39
librechik Jan 2013 #42
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