SVSU student facing felony for pulling over in well-lit area

[orangeblossom]

BS, and I wouldn't take the deal either.

Haven't we talked about this very thing on this board, and how other people had the charges dismissed for doing this very thing.

[ladyk]

Oh hell nah.

He signaled that he acknowledged the lights, went slow and pulled into a lit parking lot.

[sugarglider]

I don't know MI law, but I was always told to wait to pull over to a well-lit area. I can't remember if my prosecutor father was one of those people who told me that. Hmm.

[downtoearth]

I wouldn't take the deal and I hope some lawyer is glad to take this for him b/c that sounds like total crap that the DA is actually prosecuting this.

[hopecounts]

Yep, I would do the same thing.
No way would I take the deal, there have been plenty of fake cop cases to justify the safety measure of pulling off in a safe place.

[StrawberryBlondie]

This seems crazy and like bs but i need to know if this really was the first well lit area in that mile and a half before coming to a firm conclusion.

[katfco]

Apparently, this is not the first occurrence: www.theguardian.com/us-news/2015/mar/30/floyd-dent-police-inkster-michigan-beating

If it had been a white woman who had pulled over in a darkened area and been assaulted by fake cops, you know there would be a police press release reminding drivers how to be safe when being pulled over, including, "If you don't feel safe, drive to a well-lit or populated area."

[katfco]

Jul 6, 2015 13:16:58 GMT -5 StrawberryBlondie said:

This seems crazy and like bs but i need to know if this really was the first well lit area in that mile and a half before coming to a firm conclusion.

Looking at the map of the town, probably. It looks like that Sam's Club isn't the first commercial site on the road, but it likely is the one that would be lit at 2 a.m.

[elleblue]

Jul 6, 2015 13:09:54 GMT -5 sugarglider said:

I don't know MI law, but I was always told to wait to pull over to a well-lit area. I can't remember if my prosecutor father was one of those people who told me that. Hmm.

My former chief of police father has always taught me to only pull over to a well lit area. Also to never, under any circumstances, let police search your car without a warrant. 

[cville]

Fuck. This. Noise.

[penguingrrl]

That's bullshit. I was always told to wait and pull over in a safe area (my HS class was told this as a group, so it wasn't a "protect white women" thing either). I was actually told that I should put on my hazards to acknowledge the officer so they know I will pull over, but that advice sounds like it would also not have mattered.

I'm glad he didn't take the plea bargain. There's no reason he should have to admit guilt for following standard safety advice.

[cookiemdough]

So he pulled over the wrong guy in the first place and then could not understand why an innocent person wouldn't be interested in pulling over in a dark area when they haven't even made any traffic violations?And lol that they thought that they were doing a favor by offering him a misdemeanor. I am not in the right frame of mind for this bs.

[jeaniebueller]

Jul 6, 2015 13:28:59 GMT -5 elleblue said:

Jul 6, 2015 13:09:54 GMT -5 sugarglider said:

I don't know MI law, but I was always told to wait to pull over to a well-lit area. I can't remember if my prosecutor father was one of those people who told me that. Hmm.

My former chief of police father has always taught me to only pull over to a well lit area. Also to never, under any circumstances, let police search your car without a warrant. 

The police can search your car for almost any reason if they have you detained for a traffic offense. At least in michigan. . So asking for a warrant doesn't always make a difference. And I do not believe there is any exception for stopping in a well lit area in michigan, but I haven't extensively researched it.

[elleblue]

Jul 6, 2015 18:00:54 GMT -5 jeaniebueller said:

Jul 6, 2015 13:28:59 GMT -5 elleblue said:

My former chief of police father has always taught me to only pull over to a well lit area. Also to never, under any circumstances, let police search your car without a warrant. 

The police can search your car for almost any reason if they have you detained for a traffic offense. At least in michigan. . So asking for a warrant doesn't always make a difference. And I do not believe there is any exception for stopping in a well lit area in michigan, but I haven't extensively researched it.

In CA, police must ask for permission before searching the vehicle if they do not have probably cause, and general traffic violations do not provide probably cause. That's what I was referring to when I was saying that you should refuse in those instances as your car is private space and is therefore protected by the 4th Amendment. Though I'm not so unaware as to not realize that there is some privilege in being able to refuse; I imagine it's much trickier for POC to not just "go along" with what police are requesting of them. And it very well may be different in CA in regards to vehicle searches since you may be prosecuted for anything illegal found in your car, whether or not it belongs to you.

[twohearted]

I thought you were supposed to call the police station if you have a phone.

[ttt]

Jul 6, 2015 18:00:54 GMT -5 jeaniebueller said:

Jul 6, 2015 13:28:59 GMT -5 elleblue said:

My former chief of police father has always taught me to only pull over to a well lit area. Also to never, under any circumstances, let police search your car without a warrant. 

The police can search your car for almost any reason if they have you detained for a traffic offense. At least in michigan. . So asking for a warrant doesn't always make a difference. And I do not believe there is any exception for stopping in a well lit area in michigan, but I haven't extensively researched it.

Noooo no they can't! They have to have probable cause to think you are involved in a crime gpw

[emisi]

Jul 6, 2015 18:18:35 GMT -5 twohearted said:

I thought you were supposed to call the police station if you have a phone.

Then they would have charged him with talking on the phone while driving as well.

[hermione]

My father is a retired Detroit police officer. I too was taught to pull over in a well-lit area and to refuse to allow any search of my person or vehicle.

[gpw]

Jul 6, 2015 18:57:47 GMT -5 ttt said:

Jul 6, 2015 18:00:54 GMT -5 jeaniebueller said:

The police can search your car for almost any reason if they have you detained for a traffic offense. At least in michigan. . So asking for a warrant doesn't always make a difference. And I do not believe there is any exception for stopping in a well lit area in michigan, but I haven't extensively researched it.

Noooo no they can't! They have to have probable cause to think you are involved in a crime gpw

My H just said no.  There is the "in plain sight" rule that can give them probable cause.  So, if they see a gun, or even the outline of a gun there is PC, or they see any sort of drug paraphernalia just by looking in, then yeah.  Probable cause.  I think there was a recent SCOTUS about dogs, too.  That they're considered a "search" and can't be used without a warrant or PC.  

I have my books but I'm too lazy to go get them and look right now. 

[gpw]

Jul 6, 2015 19:05:25 GMT -5 @soudesafinado said:

Jay Z taught me that you gon' have to get a warrant to search my shit.

teehee

[ttt]

Jul 6, 2015 19:07:21 GMT -5 gpw said:

Jul 6, 2015 18:57:47 GMT -5 ttt said:

Noooo no they can't! They have to have probable cause to think you are involved in a crime gpw

My H just said no.  There is the "in plain sight" rule that can give them probable cause.  So, if they see a gun, or even the outline of a gun there is PC, or they see any sort of drug paraphernalia just by looking in, then yeah.  Probable cause.  I think there was a recent SCOTUS about dogs, too.  That they're considered a "search" and can't be used without a warrant or PC.  

I have my books but I'm too lazy to go get them and look right now. 

No they don't need probable cause or no they can't just search? As I understand it, absent some reason to think there's criminal activity (like seeing a gun or a bong on the front seat, which frankly if you do that, you deserve to get your ass sent to jail), they can't search without a warrant. They have to be able to articulate the reason for the pc. Not sure if this is different in MI.

[gpw]

Ok. I haven't read the article yet, I've just seen a couple comments. As far as going to a well lit area, yes, you can do that, too. A well lit area or nearest police station.

[gpw]

Jul 6, 2015 19:10:34 GMT -5 ttt said:

Jul 6, 2015 19:07:21 GMT -5 gpw said:

My H just said no.  There is the "in plain sight" rule that can give them probable cause.  So, if they see a gun, or even the outline of a gun there is PC, or they see any sort of drug paraphernalia just by looking in, then yeah.  Probable cause.  I think there was a recent SCOTUS about dogs, too.  That they're considered a "search" and can't be used without a warrant or PC.  

I have my books but I'm too lazy to go get them and look right now. 

No they don't need probable cause or no they can't just search? As I understand it, absent some reason to think there's criminal activity (like seeing a gun or a bong on the front seat, which frankly if you do that, you deserve to get your ass sent to jail), they can't search without a warrant. They have to be able to articulate the reason for the pc. Not sure if this is different in MI.

Sorry.  They need PC.  

[ttt]

Jul 6, 2015 19:11:52 GMT -5 gpw said:

Jul 6, 2015 19:10:34 GMT -5 ttt said:

No they don't need probable cause or no they can't just search? As I understand it, absent some reason to think there's criminal activity (like seeing a gun or a bong on the front seat, which frankly if you do that, you deserve to get your ass sent to jail), they can't search without a warrant. They have to be able to articulate the reason for the pc. Not sure if this is different in MI.

Sorry.  They need PC.  

OK I see  

[gpw]

Jul 6, 2015 13:21:32 GMT -5 katfco said:

Apparently, this is not the first occurrence: www.theguardian.com/us-news/2015/mar/30/floyd-dent-police-inkster-michigan-beating

If it had been a white woman who had pulled over in a darkened area and been assaulted by fake cops, you know there would be a police press release reminding drivers how to be safe when being pulled over, including, "If you don't feel safe, drive to a well-lit or populated area."

This is a whole other ball of wax, the Floyd Dent case.  That officer is being criminally charged and is going to trial (I don't know if the article said that or not).  It's not the same.  

[katfco]

Jul 6, 2015 19:17:27 GMT -5 gpw said:

Jul 6, 2015 13:21:32 GMT -5 katfco said:

Apparently, this is not the first occurrence: www.theguardian.com/us-news/2015/mar/30/floyd-dent-police-inkster-michigan-beating

If it had been a white woman who had pulled over in a darkened area and been assaulted by fake cops, you know there would be a police press release reminding drivers how to be safe when being pulled over, including, "If you don't feel safe, drive to a well-lit or populated area."

This is a whole other ball of wax, the Floyd Dent case.  That officer is being criminally charged and is going to trial (I don't know if the article said that or not).  It's not the same.  

I hadn't heard anything about it; I just happened across it when I looked for more information about this story and was surprised at the similarities.

[marshmallowhands]

One time I was driving off campus during lunch. I'd been driving maybe a minute and saw a cop with lights on behind me. I thought, "hm, couldn't be me" and pulled into the other lane to let him pass. He got behind me again and I still thought he was trying to get around me so I changed lanes again. After he got behind me again I realized he was pulling me over and then I got so flustered trying to figure out where to pull over that was safe for him that it took me about 1.5 miles.

The cop was pissed (rightfully so, I felt so dense) but he just shook his head at me. Turns out he thought I was a different (saw a same color car turn right in a "no right turn" area but I had come straight from campus.) Wonder what would have happened if I wasn't a young white woman.

[starlily]

Jul 6, 2015 19:11:52 GMT -5 gpw said:

Jul 6, 2015 19:10:34 GMT -5 ttt said:

No they don't need probable cause or no they can't just search? As I understand it, absent some reason to think there's criminal activity (like seeing a gun or a bong on the front seat, which frankly if you do that, you deserve to get your ass sent to jail), they can't search without a warrant. They have to be able to articulate the reason for the pc. Not sure if this is different in MI.

Sorry.  They need PC.  

Unless they end up impounding the vehicle for some reason. Then they can do an inventory search of the vehicle prior to towing.

[Deleted]

Jul 6, 2015 19:05:25 GMT -5 @soudesafinado said:

Jay Z taught me that you gon' have to get a warrant to search my shit.

teehee

Did you see this before? m.huffpost.com/us/entry/1662922

[thejackpot]

This is such a waste. They should apologize to him for the hassle and not offer him a bogus plea offer.