Last week, driving home from a movie night at a friend’s, I pulled up behind a squad driving well below the speed limit (maybe 15 mph in an unmarked 30). In the tenth of a mile I was behind the squad, it continued at this speed, and, successively, its passenger wheels both crossed the white fog line on the right and then its driver’s wheels crossed the double yellow lines on the left. In both cases, I thought the squad was turning, and I continued going forward at a reasonable, legal speed. In both cases, the “bait vehicle” (that’s what it was), then pulled back in front of me, seemingly abandoning its turn.
At the next light, the squad turned left, and I followed behind on my way home. The squad pulled over onto the shoulder / bike lane, and I drove past it. As soon as I passed the squad, it pulled in behind me and the lights came on.
I was pulled over, scolded for going “half a block” before stopping. The cop explained that he was on his way to “a call” and that my following the squad at the distance I was at was unsafe in case he had to execute an emergency maneuver. I asked why he pulled me over if he was on his way to a call. He ordered me to wait in my vehicle, and he returned to his squad.
Some time later, Officer Cushenbery returned to my driver’s side window, lectured me about following to closely, and gave me a ticket. I was pulled over by a cop with flashing lights. I got a ticket for $128.00. I spent over an hour at court pleading not guilty to a hearing officer, and I have a court date for an arraignment in January.
The lesson: Constitution be damned. If a cop wants to go on a fishing expedition and harass you while he or she is at it, there’s not much you can do.
I won’t have to pay the ticket, and neither should you. But this provides a good lesson in the value of being an informed citizen and calling your lawyer before saying anything to the police.
Do not talk to cops. Do not volunteer any information. Do not open doors (car or house) without a warrant (or in the case of a car stop, other expression of probable cause). However intent you might be, avoid the temptation to prove your innocence by cooperating. Police are trained to get admissions that can lead to prosecution. Assert your legal rights; the cops will not tell you what those are or expect you to know. Even if you’re innocent of any wrong doing, lab tests fail, evidence gets contaminated or misused.
Know your rights. Be polite, but do not cooperate, do not talk, do not consent to any searches.
And call your lawyer.
Leave a Reply