Florida Man Records Himself Getting Attacked by Cop for not Rolling Down Window all the way

No. If an officer makes a reasonable request you are required by law to comply. That includes getting out if a car and laying on the ground if they say so.

a reply to: Sremmos80

I hope I never get stopped then, because, I guess I will be dead meat as they say. I surely would not want to roll my window down all the way and would not want to get out of the car...especially if it is seemingly only relevant to a traffic violation. Why?

Well, when I was a very young girl, I was approached by a "police officer"...he had a gun and a badge and everything. Whopdee-doo. Long story short, he wasn't a police officer. When I realized what was going down, (I'm not the faint of heart type), I got medieval on his a$$ and got away. I figured I either take a stand right there, maybe get shot but maybe I would be killed "later" anyway so the chance was worth it. Later, when I reported the incident to the state police, they told me there was a serial killer that had been working the tri state area for some years and using the police officer approach to capture and kill at least 6 victims that they were aware of...so yeah, I'd be hard pressed to get out or open my window more then half way. You can ask for a woman officer but the way LEO seems to get so bent out of shape so quickly I wonder if that would even be honored. Would it be considered as "resisting" or being belligerent, even if explained in a calm way and as to why or would it just go sour no matter what. Way too many videos of brutality and abuse lately to give one much confidence in a situation like that.

PS> I don't own a cell phone so couldn't call headquarters and ask if legit.

I was told a story of someone that lost everything due to that sovereign citizen thing. Apparently the individual failed to consider their place of employment had to have certain documentation in order to employ them... if only we liked that person more maybe we wouldn't have laughed at their stupidity.

originally posted by: defcon5
a reply to: Iamthatbish
That's exactly the problem with getting law off the internet. You might be listing to someone that doesn't really know the law, didn't read it correctly, only knows a part of it, or reads it and interprets it through 'rose colored glasses' of wishing that it means what they want it to mean. The whole “patriot” and “sovereign citizen” movements are prime examples of this.

a reply to: thirdcoast

Someone needs to inform cops that they CANNOT simply order people to do whatever they want them to do. They are supposed to operate within legal standards. Someone not using a turn signal is NOT a reason to order the person out of the car, especially since this man was coherent, and didn't appear at all under the influence of anything. Being a cop doesn't mean one is the boss of everyone they meet. This guy was polite, and gave a very valid reason to not want to exit, which it seems (from the abbreviated ending we have) was quite valid.

originally posted by: defcon5
I'll tell you what this is. This is typical Florida for profit police BS. Florida has a 98% conviction rating, and even the attorney general brags on her webpage about how much profit that they have generated for the state coffers. They use DUI as a major source of income as we have no city or state taxes here. *snip*

You aren't wrong there! Lived in Florida for several years, and it isn't just the cops gaining them money. The DMV is involved as well. Know more than one person who got a ticket, PAID it, and then had their license suspended for "non-payment". Proving they paid the ticket was easy, but they all still had to pay a FEE to get the license reinstated. These people had this happen more than once, too. Usually for "speeding", with no radar proof, which is very difficult/impossible to fight. All those reinstatement fees certainly have to add up. Ticket fees, those, and all the rest has to add up to a nice tidy sum.

I enjoy reading the debate here on this thread.

Try not to cherry-pick, look at the bigger picture.

My opinion, not enough evidence, especially for us arm chair warriors. But still, dude in the car already knew what was about to happen if he got out the car.

As for what the video showed, dude in the car was within his rights. Still, not enough evidence.

originally posted by: Domo1
*snip*

Either way I think just doing what you're asked calmly and respectfully is going to almost always be the best option. Like I said earlier, you're getting out of that car one way or another. Better to do so in the least confrontational manner and deal with the legality later when cooler heads prevail and you have legal counsel.

Maybe, but maybe not.

While in Florida (same general area as this case), I was driving home the fiancee of my oldest late one night. My daughter and I were in the front, and the fiancee was int he backseat. The car was an older Cadi, so roomy, and he wasn't really very visible int he back. Well, I had a headlight out, and hadn't yet noticed, and a cop pulled us over, on a very quiet road. No problem with that, but his behavior was weird. It was clear, when he approached the car, that he thought it was just two women alone. He didn't even glance in the back. The way he spoke, as he got the license and insurance papers to check (standard), was off. He kept looking at both of us oddly, and when he went back to his car to run the license check, we were all three discussing it. We all felt he was actively stalking us women. Well, when he came back, her fiancee sat up so he was visible. The guy's reaction was bizarre. NOT the one you would expect, of a cop realizing someone was there he didn't notice, that could have posed a danger to him. It was more like surprise that we had a guy along, and a sort of disappointment.

Had we been alone, and he'd demanded we exit the car, NO WAY I would have done so. I'd have driven off, and headed to a police station, to deal with it there. None of us had any doubt that he was planning something bad.

a reply to: LadyGreenEyes

Exactly. Police are just people. Nothing more nothing less. They have the same flaws as the rest of us. They sin just like we do. Problem is the standards are so low to be one. Two thing in this society anyone can be: a waiter/waitress and a cop. And no disrespect intended for the waitresses. We really do need you (unlike the cops)

If you've broken a traffic law you could be impaired. Rolling down the window or getting out of the car helps the officer assess the situation. If you don't comply you're screwed.

A traffic stop is not the same thing as a DHS checkpoint. You are required by law to comply with officers. You can fight tickets and file complaints after the fact.

The "am I being detained" does not apply when a law has been broken, including minor traffic violations.

Edit: it also looks like the guy recording attempts to take the camera with him....that's definitely not allowed.


a reply to: shrevegal

originally posted by: PREDEVpersona
a reply to: thirdcoast

Anyone else in favor of life in prison for police officers who abuse their authority? Or is this really the country we want to live in?

Im definitely in favor of that... im also very much in favor of officers keeping very small camera and microphones on them and recording at all times... with the technology we got this should've happened YEARS ago, but thats because the true purpose of law enforcement these days aint to protect and serve but to protect the code.

a reply to: thirdcoast

A story that hit home, go figure.

I've lived here for many years now, and I've talked to lots of police in St. Pete, usually when going to see the Rays play but they generally seem peaceful, even approachable and will have a conversation with you.. while having an open container..

So I know there are decent ones out there, but guys like this in the video are giving more of them a bad name. It seems like cops have become aggressive though overall ever since 9/11 like they were told we're all terrorists or dangerous until proven otherwise.

a reply to: Kevinquisitor

Also, One night I was pulled over here in FL by a Sheriff for driving with a suspended license. After providing DL + Registration the officer asked me if he could search my car. I respectfully declined. He said "OK no problem, sit tight." About 10 minutes later, 3 more sheriffs arrived with a K-9 unit. A second officer asked me to step out of my car.

I asked: "why?"

He said: "So we can perform a search of the vehicle."

I replied with: "I was asked if it could be searched and I said no."

He replies: "Well you don't have that option anymore. You can either step out of the vehicle, or you can take a ride to downtown."

So, I got out and waited while they searched, which produced nothing. They explained I wasn't legally able to drive my car back home so I had to call someone to pick me up while my car was left there. I eventually had my license reinstated, and after leaving the courthouse saw a group of cops sitting outside eating lunch together. I approached them asking if I had the right to decline a request to search if being pulled over in FL?

Their response: If you were pulled over for doing something illegal, then no.

Just FYI if you ever get stopped & asked to search in FL. This cop could have chosen a better approach to this situation.

a reply to: Kevinquisitor

I've been arrested 3 times in Florida. I've learned valuable lessons. The last time I was arrested the charges were dropped without me having to even hire a lawyer or public pretender. Live and learn.

One of the most powerful tactics the police have against the average person is the fear of being arrested or threat of an arrest. Most of those who have never been arrested are so frightened about going to jail they just simply submit to all requests the officer makes, legal or not. The police has no legal right to search one's car has always been my interpretation of the 4th Amendment and a jury of my peers will agree.

The correct way to handle the situation is to politely decline and if they still decide to proceed let the police officer involved know you are entitled to legal representation and request they are present for the search. Also take note of the location and time. If you do not know a lawyer, this is where knowing some who can speak legal talk to call on.

funny how he is still alive to bitch about it.

prison sucks but its not a deterrent, we have people, dangerous criminals locked up, what do they get? commissary items, xbox's tv's and bloody pool table.

its practically high school dorm rooms, how the hell is that punishment, they stab and rape, steal and murder why on earth do they get all that stuff. its all free too which mr tax payer who worked his whole life pays for while they sit there watching telly.

yes they are removed from society for the time they are committed to serve, but it should be no picnic.

a reply to: shrevegal

I'm not convinced this is good advice to offer, but I once was pulled over for a busted headlight - it was in a scary, dark stretch of road, so I slowed down, put my hazards on, and drove to and pulled into a the parking lot of store I knew was up the road a ways, about a mile. And I parked in such a way that he could block me in, to prove to him I wasn't going to try to flee. The officer didn't seem to mind, never said anything about it.

And in my state, there was a number of young women who'd disappeared from a stretch of highway - it was thought it was a serial rapist/murderer who either intentionally caused an accident, or was masquerading as a police officer. State police here advised anyone pulled over who had any doubts to call 911 to make sure it was a legit stop, or to drive to a public area, to not unlock their door, or leave the car, nor fully roll down their window to the point where someone could reach in and unlock the door. And if they were involved in a suspicious accident, to do basically the same things - call the police, drive to a public area, or don't exit the vehicle nor roll the window all the way down.

The video showed a rather different situation - he was in a area with apartments and people around, he didn't call 911 to verify identity, and he didn't roll the window down more than a very small crack. The reason police want the window down - especially if they think he was driving erratically - was so they could smell his breath for alcohol, and barely cracking his window would cause any reasonable person to think that's the reason he wouldn't roll down the window.

Police have the right to make a traffic stop - they're empowered to do so in the interest of public safety - and if you don't like that, well, don't drive. But you have the right to take reasonable precautions for your safety. The guy in the video didn't indicate he thought that it might not be an actual officer, and in fact, additional officers had arrived. At that point, he had no reason *not* to roll the window down, and his refusal and behavior was both suspicious and provocative.

You really should have at least an emergency phone when out driving - the government will provide one if you can't afford it.

a reply to: thirdcoast

Why not just co-operate with the police? Why is he trying to be a smartass?

I dont blame the officer.....

a reply to: combatmaster
Well...the summary of what REALLY happened is a bit surprising.

A horrifying video has emerged showing St. Petersburg police forcing a man out of his car before pouncing on him, leaving him hospitalized with several injuries, all because the cop claims he was in fear for his life.

At least that what he says in his report, where he wrote the following: "I exited my marked patrol cruiser and walked towards the vehicle and I noticed the driver staring at me with a blank stare as he continued revving the engine louder and louder. I thought by his actions the subject was going to attempt to hit me with his car."

The video, however, shows it was Curtis Shannon, a young man from Florida who should have been in fear for his life during the arrest. It also shows that he remained professional as he tried to hand the cop his license and registration through a small opening after the cop pulled him over for what he claimed was erratic driving. But if anything was erratic, it the was behavior of the cop, which unfortunately, Shannon refuses to identify out of what he says is "respect."

Amazing, huh?

originally posted by: Iamthatbish
a reply to: defcon5
I didn't know that. We could all just move to DC. Everything is federal there. Problem solved!

You didn't know that because it isn't true. Constitutional rights don't end at the state. Whether our rights are currently practiced at the state level is a different story, but the rights alliterated in the constitution are all encompassing. They don't stop at the state or local or county level...

Jaden

originally posted by: Bone75
Just food for thought here. If I'm not mistaken, a few years back, 3 St. Petersburg cops were shot within a 2 week period. If I were a cop there I'd probably be a little jumpy when a car doesn't immediately pull over as well.

Then get another job. My rights trump your chicken # ass. You either do the job within the confines of the authority that We the People have granted you, or get another job in a cubicle where you can hide when something goes down.

God I'm tired of hearing the argument that LEO's abuse authority because they're afraid of what might happen... Then you don't belong AS A LEO chicken # moron.

Jaden