ROLLING PROBABLE CAUSE


I am on a personal crusade to raise the general level of civil rights awareness in our society. I go to local schools to present videos relating to how people can protect and preserve their rights in any encounter with law enforcement, to lead discussion, and to answer questions on the topic (I often use clips from the excellent educational DVD "Busted," available for purchase at Flexyourrights.org). As I am sure you can see, I am working against my own financial interest here, since greater awareness would result in fewer arrests and fewer potential clients.

As part of this crusade, I watch the media, including the internet, for examples of good moves and bad moves relating to citizen interactions with the police. As I was perusing one of the local free newspapers yesterday, I spotted one of my favorite columns - "News of the Weird." This feature shows up in many such periodicals, but you can also check out this amusing material online at: newsoftheweird.com, which is, according to it’s author, "the home of Chuck Shepherd's weekly News of the Weird newspaper column, which for 21 years has been the gold standard in reporting the bizarre and the ridiculous." In yesterday’s column Chuck presented these two great teachable moments:

Failed to Keep a Low Profile: (1) A news summary of traffic stops on Christmas Eve in Alice Springs, Australia, noted that 11 people were charged with DUI. One man was spotted driving despite the fact that the hood of his car was broken in the "up" position and had smashed his windshield. The driver maneuvered down the street by craning his neck out the side window. (2) Two weeks earlier, in Trumbull, Conn., police arrested Christopher Frazao, 27, after watching him drive despite a windshield full of snow, except for a small opening he could peer though. A search of the car revealed marijuana and other drugs, as well as items allegedly stolen in recent burglaries.

As you all know, the standard for the initiation of a short investigative stop by police is "reasonable articulable suspicion" of criminal activity. This is even lower than the probable cause standard necessary for arrest or for procurement of a warrant. Anyone have any doubt that a police officer viewing either of these drivers in the situations described had a reasonable hunch that could be put into words? Actually, I am certain that the locals could have charged either the Aussie or the Connecticut Yankee with some analogue of Reckless Operation, just based on pre-stop observations. Consequently, there may even have been probable cause to arrest, depending on the law in those locations. The Connecticut story is especially apropos today, as I look at the flurries drifting down outside my window here in New Hampshire. How often do we find ourselves in a hurry on a snowy morning and, as a consequence, fail to get the snow and ice off the windshields, the side mirrors, the lights, or even the license plates?

Take the time, or you might find yourself at the mercy of a stranger with a gun and a badge and the power to make your life miserable for a good while. As I see, again and again, even innocent drivers can wind up in trouble from any police encounter. You might get a friendly warning and warm wishes, or you might get a really raw deal. That’s the luck of the draw, so don’t give them any excuse stop you in the first place.

 

 

 

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