quote:

Originally posted by DaBigBR:
I don't want to be one of those people, but you really should remove this post.

Yeah, 'cause they will definitely be searching SF for part of his federal prosecution for this terrible offense.

I don't let anyone dictate what I think is safe for my family. Would I be prepared to be arrested to make certain they're safe - you betcha. If there is an overzealous cop involved, which definitely is the case here, I'd make certain the judge and city/county knows it.

Obvious they had nothing better to do. Five cars and K9. What a waste.

Two things I haven’t seen mentioned yet:

1) the OP probably contributed to the officer’s reaction by turning on his hazard lights, then turning them off, and the fact that he started to pull over, then took off again. I can see that from the officers viewpoint arousing suspicion.

2) the OP states that the officer put his lights on, but never mentioned any siren. I think it is certainly reasonable to look for a full shoulder or better place to pull over, if you are driving slowly with the officer behind you. I don’t understand why the officer didn’t give a little yelp or two with the siren if he wanted the OP to pull over sooner, or “right now”.

OP, there was no siren activity at all? No yelp, warble, etc? I think you have a very good defense to a charge of fleeing.

quote:

Originally posted by Georgeair:

quote:

Originally posted by DaBigBR:
I don't want to be one of those people, but you really should remove this post.

Yeah, 'cause they will definitely be searching SF for part of his federal prosecution for this terrible offense.

There's nothing to be gained by it. People on here will take up sides and bicker back and forth, much irrelevant internet lawyering will occur, and the OP will likely come away disappointed by the feedback he receives. There will be those that theorize that he's not telling the "whole" story, those that will use it as an opportunity to bash the cops, those that will start side arguments about something someone else did, etc. And yeah, it's almost certainly never going to matter in the criminal case, but considering all of the above, why risk any exposure at all?

I have repeatedly found social media posts by people I have arrested that admit to elements of the offenses charged.

If you want to tell us the story of the time you got arrested, you should save it for when it's all wrapped up.

I, too, would have pulled over and let the officer tell me to continue down the road. Being arrested sounds completely stupid over this though. Color of the law, spirit of the law.

This reminded me of my sister in law, who kept going and was trying to figure out where to pull over, but she is kind of a ditz. Apparently she was all over the place and, when she finally stopped, CHP contacted her, all out of breath, and said he thought he was in a pursuit. He asked her why she didn't pull over or what she was doing and she was confused and apologetic. I'm pretty sure he realized what the situation really was and let her off with a warning. No additional, no K9, no craziness.

Sorry for your situation. Hopefully everything turns out okay, but even if it does, it is bullshit to have to go through it in the first place.

Sensing more than a little irony in this one.

quote:

Originally posted by SBrooks:
Just read the TN manual. It says other than in the middle of an intersection - pull over pretty much immediately.

In an egocentric debate actual facts are immaterial. Law enforcement related threads like this tend to devolve into something along the lines of a Rorschach test.

I can see both sides of this one. I would have pulled over sooner. If I felt I had to continue at all (not pull over immediately) for safety, I’d have put on my right turn signal and slowed so that at least what the officer saw was clear and consistent.

Last time I got pulled over was on a two lane state highway. Driving my wife’s car which has a light throttle and is much faster and quieter than the pickups I typically drive (no excuse, just background) I was a good bit over the speed limit when I saw the CHP Officer go by opposite direction. I looked down at the speedo and thought, “Merde!” He never had a chance to turn his lights on. Once I saw him start his U-turn I pulled over and waited. That may have had something to do with me getting off with a warning (first time ever). That has been several years ago and I’ve put some effort into not having to try my luck again.

Good luck with getting a good resolution to your situation. I don’t know if the officer was overzealous or bound by policy. Hopefully your attorney can get it dismissed.

quote:

Originally posted by bcereuss:

quote:

Originally posted by arcwelder76:
Please just tell me you slipped in something about being "a traveler" and asked "Am I being detained" unnecessarily a bunch of times..

Nor did you create joinder, I trust...

I DID NOT CREATE JOinDer!

These aren't my pants!

quote:

Originally posted by P210:

quote:

Originally posted by SBrooks:
Just read the TN manual. It says other than in the middle of an intersection - pull over pretty much immediately.

In an egocentric debate actual facts are immaterial. Law enforcement related threads like this tend to devolve into something along the lines of a Rorschach test.

Direct from the Utah Driver Handbook:

POLICE/TRAFFIC STOPS :
If you are pulled over by the police move to the right side of the road and make sure you are in a safe spot.

So there's some more facts for you. Cause every state is going to word this situation differently, and every person is going to have a different idea about what a "safe spot" is.

"Pull over immediately" is equally a subjective phrase. To be taken completely literally, meaning the very second you see the police lights, would be dangerous and absurd.

You always pull over when signaled to; if he wants to move to a safer area, he will tell you; if he doesn’t, the risk is almost all his.

As to the enforcement, the applicable charge for me would be failure to yield to emergency equipment. If I brought a fleeing to elude into court with what you described, I’d be laughed out of the courtroom (rightly so) and the case dismissed. I suspect that this will cost you a few bucks to fight, but would be surprised if you were not acquitted.

IMO, a level headed cop should be able to have figured it all out and act accordingly. Of course, some guys have no grey area, and some jurisdictions do it for the income.

quote:

Originally posted by arcwelder76:
These aren't my pants!

1:00 mark-





Link to original video: https://youtu.be/o8L7tTN5L1w?t=60

I think the fault lies on both. You should've pulled over immediately as far on the shoulder as possible, and he could've chosen to block one of the lanes partially or fully with his lights on (it was a 4 lane highway). At the same token, I think after checking your vehicle and realizing you were from out of town, he could've handled the situation better and wrote you a citation.

I suppose if you had been carrying concealed with a permit it may not have helped matters any.

I've been pulled over a couple times in the past for speeding and traveled a good bit more than 'pull over immediately' distance.

I got no indication at either time that the officer preferred otherwise.

Obviously anecdotal, & very situation dependent.

This would be my brother. He would be dealing with it for months at considerable financial and emotional expense and I would have been down the road aggravated for the day and it would be over with before my head hit the pillow.

You were profiled because either you are black or identify as such.

The important thing is that you car was thoroughly searched by a K9 unit. Everyone is much safer now.