 Going to file a complaint today....
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So my son, who's 17 and just got his license a few months ago, was pulled over by Cobb County cops Friday night. He had his cousin, and his cousin's girlfriend in the car with him, on their way to explore the "Witches Graveyard" (Don't ask me, I was asleep) over in Cobb County. They had a map of the place, and my only flashlight with them. The cops got on his rear bumper so close, that Brad could'nt see their headlights, while moving the speed limit. Once pulled over, the cops ran my son's ID, and his cousins ID. Apparently, Colin (Brad's cousin) has a felony on his record, and once the cops found that out, they were gonna find a reason to put him in jail. They asked my son if he had any problem searching his car, and of course Brad said "sure", and of course they found nothing, after trying for like an hour. They took an uopened pack of cigarettes that belonged to Colin, opened them up, and told him they smell like marijuana, and that he must have laced the new cigarettes with marijuana. They confiscated my only flashlight that I have as "evidence" and locked Colin up for possession of marijuana, attempting to commit burglary, and contributing to the delinquency of a minor. They gave my son 2 tickets, one for no seatbelt, and the other for being out after curfew. There were 2 cops there, one was a real wise guy. He told my son that he was acting "nervous", and Brad told the cop that it's the first time he's ever been pulled over, and that he would be nervous too. "Well, consider this a "spanking", and get home". They released Colin around 8 am the next morning due to "lack of evidence", and now Colin is seeking a lawyer for harrassment and false imprisonment. He has had several lawyers interested in taking his case. As for me, I'll be paying them a visit today to file a complaint, and to get my flashlight back...
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Re: Going to file a complaint today....
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Loquacious
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Was the previous felony related to drugs?
This same thing happened to me in NY, I got pulled over and the cop asked if anyone in the car had been arrested. We all said no. The cop comes back and asked me out of the car. He brings me back to his car and tells me my buddy had previous charges for possession of marijuana. So there you go, he has every right to be suspicious. A previous offense and a lie about it. I told the cop do whatever you want, search everything, I have nothing to hide, and I have no reason to protect my friend at all. The cop went back to my truck, talked to him and ended up letting us go in the end.
No offense to you, but you do sound like one of those fathers that believes his son can do no wrong. Not that your son did anything wrong (from what you told us) but I do believe that he knew something. If the cousin had that felony for weed or anything drug related, theres a good chance that there was something in that cigarette pack. And yes your son should be nevous because its his first pull over, but in the cops eyes your kids stoned and paranoid.
Its all speculation at this point, but kids with stuff on their record dont get it by accident and they dont necessarily learn from their first minor mistake either. And your kids at the perfect age to be experimenting with stuff like this.
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Re: Going to file a complaint today....
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Well, sounds like there wasn't anything in the cigarettes, or he'd still be in jail. Sounds like another case of a cop going to far with a couple of innocent kids. Take it from me, and it takes some kahones, but there was no reason for him to search the vehicle. What was their reasoning for pulling them over? There has to be a legit reason, or a lawsuit can be filed. While you're at the cop shop today, ask for the dash cam video. They have to give it to you. They do sometimes find ways of "misplacing it".
My suggestion to everyone is this. Carry your lawyer's card with you at all times. Anytime you get pulled over, and the cop is harassing you, give them the card, roll up your windows, and lock your doors. You don't have to answer any more questions until your counsel is present.
Aaron
04 "Green Bean" Freaked, AI removal, Bafflectomy, 6" Risers, and 30" Drag Bars.
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Re: Going to file a complaint today....
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Old Hand
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Good thing they weren't on motorcycles. I spent a night as a guest of the LA county sherif because I had 2 "weapons" (a screwdriver and a knife I used to trim worn fuel lines) and a "flamable device" (a hot tire patch) in my toolbag. This was several years before anyone even thought about terrorists.
Let's hope there's intelligent life somewhere in space 'cause it's buggar all down here. -- Monte Python
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Re: Going to file a complaint today....
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"Lighten up, Francis."
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"Lighten up, Francis."
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Some cops feel it's their duty to harass kids. Some do it out of some misplaced sense of "duty" and others just get off on it. Maybe his wife hadn't given him any in a while.
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Re: Going to file a complaint today....
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That is the worst advice I have ever heard . The cop does not have to call your lawyer for you , and you do have to show your license.
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Re: Going to file a complaint today....
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Saddle Sore
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Saddle Sore
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What time did the they get pulled over?
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Re: Going to file a complaint today....
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Seems like a couple of bored cops and that they've had too much trouble with kids lately. As a State Troopers daughter I've heard both sides of the story.
Unfortunately with so much violence these days, it's not unheard of for cops to be heavy handed. Doesn't sound justified but we're only hearing one side of the story.
I don't agree that you believe your kid can do no wrong, but both sides of the story need to be told. Then appropriate action taken.
I'm in my 40's and I get nervous when a cop even comes up behind me, let alone if they pulled me over. Everyone reacts differently to stressful situations, nervous, laughing, crying etc. I put no stake in how people react in a stressful situation as we're all different.
I'd definitely get a copy of the tape, listen to both sides and take it from there.
My best to you and your son and I hope this works out and doesn't sour your outlook on cops as they really are there to help us.
Have a heart that never hardens, a temper that never tires, a touch that never hurts. - Charles Dickens
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Re: Going to file a complaint today....
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Loquacious
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I'm sorry I misread your original post you said "unopened pack of cigarettes"? Like the cellophane was still on it? That doesnt make any sense. I'm still siding with the cop on this one though. Your son and his cousin are in a better position to distort the truth when telling you the story.
With that being said. Yes cops can be dickks, but a blemish on the record like that sends the flags up.
And cochran, that lawyer bullsht wont do anything but get you deeper and deeper into crap. That "I know the law" lawyer mentality is as wrong as a cop who oversteps his authority.
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Re: Going to file a complaint today....
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Should be Riding
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Should be Riding
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Quote:
What time did the they get pulled over?
It was after curfew, since he got a ticket for it. (broken law 1) And a seatbelt ticket? (broken law 2) Thats a big no-no for a 17 year old. He needs a whack on the head for that one. I was in the same situation once at about that age, got pulled over for speeding and the cops searched my car for at least a half hour, going through CD cases, opening everything and asking no less than ten times "how much weed have you smoked tonight?" They ended up letting me go because they had nothing, just being dicky. I did get a speeding ticket, because I was speeding. The point is, I (just like he) was doing wrong and got pulled over for it. I see no reason to file a complaint, but get your flashlight back for sure.
Always remember to be yourself. Unless you suck. Then pretend to be someone else.
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Re: Going to file a complaint today....
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Learned Hand
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Learned Hand
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Quote:
Some cops feel it's their duty to harass kids. Some do it out of some misplaced sense of "duty" and others just get off on it. Maybe his wife hadn't given him any in a while.
Or his boyfriend, you never know.
Strangler
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Re: Going to file a complaint today....
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Learned Hand
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Learned Hand
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Quote:
It was after curfew, since he got a ticket for it. (broken law 1) And a seatbelt ticket? (broken law 2) Thats a big no-no for a 17 year old. He needs a whack on the head for that one. I was in the same situation once at about that age, got pulled over for speeding and the cops searched my car for at least a half hour, going through CD cases, opening everything and asking no less than ten times "how much weed have you smoked tonight?" They ended up letting me go because they had nothing, just being dicky. I did get a speeding ticket, because I was speeding. The point is, I (just like he) was doing wrong and got pulled over for it. I see no reason to file a complaint, but get your flashlight back for sure.
Careful Dave, this is treading right close to "wisdom".
Thom
I might be wrong, I sometimes am.
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Re: Going to file a complaint today....
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Loquacious
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well he DID just get married recently...haha
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Re: Going to file a complaint today....
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Loquacious
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Let your son pick up the flashlight and make sure he acts respectful. He'll make a few points with the local constabulary that way. Have him leave Colin at home!
You go in and they'll screw with HIM every chance they get - just to show YOU who's boss.
Just my .02 worth, but from one who spent many, many times on the wrong end of the nightstick!
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Re: Going to file a complaint today....
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Should be Riding
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Should be Riding
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Careful Dave, this is treading right close to "wisdom".
sorry, I don't know what I was thinking 
Always remember to be yourself. Unless you suck. Then pretend to be someone else.
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Re: Going to file a complaint today....
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Loquacious
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Just tell your son that if he ever gets pulled over again and the cop asks him "Where's the dope?", DO NOT answer "....behind the badge".
It doesn't go over well...
BTW, I think Hermit and roadworthy have the best advice here.
Stewart
.......
"It's outside your field of expertise."
"Poppycock normally is."
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Re: Going to file a complaint today....
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i think you oughta buy another flashlight.
one flashlight is never enough.
Can't get the Fig Newton song out of my head.
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Re: Going to file a complaint today....
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That is the worst advice I have ever heard . The cop does not have to call your lawyer for you , and you do have to show your license.
Just to clarify my statement, you do not have to answer anymore questions until counsel arrives. Any question he asks is interrogation. Call it the worst advice you've ever heard. I'm repeating what a Jackson County judge has told me. I never said you didn't have to show your license, license and registration are routine checks.
I guess what I'm saying is you can't trust a police officer when you're the one pulled over. He'll use questions in different ways to get you to say stuff that he wants to hear, but aren't correct.
Last edited by cochran03; 02/23/2010 5:00 PM.
Aaron
04 "Green Bean" Freaked, AI removal, Bafflectomy, 6" Risers, and 30" Drag Bars.
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Re: Going to file a complaint today....
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Loquacious
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dude a cop can say whatever he wants, if youre innocent you have nothing to worry about.
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Re: Going to file a complaint today....
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Yes he can ask to do whatever he wants. Like for instance, "You mind if I search your car?"... answer "NO". You know you can say that right? You know, you're not breaking any laws by saying NO. The cousin of the original story was innocent, but he still got carted off to jail for no reason. I'm just saying, it could have been handled better by the kids to prevent that from happening. I understand, they're young and scared, I've been there too, and I hate that feeling.
Aaron
04 "Green Bean" Freaked, AI removal, Bafflectomy, 6" Risers, and 30" Drag Bars.
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Re: Going to file a complaint today....
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Loquacious
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Loquacious
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Quote:
Like for instance, "You mind if I search your car?"... answer "NO".
actually, in this instance if you don't
want your car to be searched when asked,
Quote:
"You mind if I search your car?"
the answer would be, "yes." as in "yes, i do mind
if you search my car."
allhailthefrenchpress
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Re: Going to file a complaint today....
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Loquacious
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Loquacious
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Quote:
Quote:
Like for instance, "You mind if I search your car?"... answer "NO".
actually, in this instance if you don't
want your car to be searched when asked,
Quote:
"You mind if I search your car?"
the answer would be, "yes." as in "yes, i do mind
if you search my car."
You would be correct. Yep, I fell for that one too and ended up with scratch marks from a german shepard all over my car.... a nice 71 olds cutlass...
Stewart
.......
"It's outside your field of expertise."
"Poppycock normally is."
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Re: Going to file a complaint today....
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Loquacious
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Loquacious
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Without getting too off topic here about legal mumbo jumbo. A cop doesnt ask to search your car for no reason. Its the innocent people who act like theyre guilty that waste time, money and pisss cops off.
To get back to on topic, with all due respect to bdoc's kid. I'd take the word of a cop over a 17 year old and a felon. The smell of marijuana isnt enough for formal charges, but it sure gets the legal process flowing.
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Re: Going to file a complaint today....
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He said "Cobb county" cop. I'd have my questions as well. Their NOT like cops in the Republic of Kalifornia. 
And you may see me tonight
With an illegal smile
J. Prine
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Re: Going to file a complaint today....
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Monkey Butt
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Monkey Butt
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Cobb County is in Georgia I think. Not a small county.
I have a big question in this case. Your son, is a minor and the officer being aware of his age and ownership of the car has made an error. Your son as a minor does not have the legal standing to allow a search of your car.
Now the car can be searched for inventory if they are towing it away. Doesn't sound like that is the way it went down.
I try to aggravate one person a day. Today may be your day.
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Re: Going to file a complaint today....
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"dude a cop can say whatever he wants, if youre innocent you have nothing to worry about."
What planet are you from, how many guys have been released from prison after years sometimes decades(wrongly convicted) since DNA.
When i was 13 i was charged with burglary for trying to break into a drug store, I was innocent! and had a lot to worry about! That led to years in reform schools group homes etc. my life was FUBAR for years because of that.
Cops are usually to hard on kids... Do you know what its like to be in Jail with rapists, dealers, murderers when your 17, they used to put you right in with them.
Think about the stuff we did when we were kids....kids today cant do 1/10 of the stuff you could do 20 years ago
Its the wussification of America...
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Re: Going to file a complaint today....
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My lawyer told me when I was young and dumb: - Asked to see your license? - Yes, here ya' go.
- Do you know why I pulled you over? - "NO." Don't admit guilt.
- Get out of the car? - Put the keys in your pocket, roll up the windows, get out and lock the doors.
- Asked if they can search the car? - "NO."
A cop can not search your car without permission or probable cause in any state. Now granted, when you're older, the situation usually goes a little different and cooperation can go a long way if you've done nothing wrong. Is the 17 year old lying? Probably. That's got to be a pretty dumb cop to think an unopened pack of smokes is laced with pot. Sounds more like, "Daddy, I didn't do anything wrong and the stupid cop did this and this and this," lies to me. Still wonder why they got pulled over in the first place? Broke curfew? Cop didn't know that until he pulled him over. No seat belt? Maybe he saw that. What kind of car is he driving that doesn't have an annoying seat belt warning driving you to the point of putting on the belt? Could be, they already knew the "known felon" was in the car. In that case, all bets are off. Felony means serious stuff. What's your minor kid doing riding around with him in the first place.
Last edited by Scottdog; 02/24/2010 11:33 AM.
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Re: Going to file a complaint today....
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"unopened" packs of "cigarettes" are sometimes not what they seem. That is why the officer would have opened them and questioned it...since they already knew one kid had history, they were looking at it very carefully and figuring out who your son "the associate" was. His acting nervous probably made the officer question what they interupted. No seat belt, out past curfew, with a friend who has history and toting a map with a flashlight...The officers had to be careful. If this was my son, I'd be very upset with him, and tell him he needs to think before he does such things, and really be very careful when he's with friends who have made bad choices before...it's even more important then! I'd also ask to talk to the Sgt for the shift the officers work. Usually officers are happy to talk with the parents and let them know what had happened. Since they let the friend go home, you can probably get a release and pick up your flashlight out of property.
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Re: Going to file a complaint today....
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Stickman Yogi
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Stickman Yogi
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What we have here is a case of a father loving his son... a man ready to defend his honour and reputation. Of course it's all the things mentioned too, no denying that, from legal stuff to good/poor judgement to social protocol. Live and learn. But it's the care and thought behind a father for his son too, as jaded (or not) as that may be.
Just saying.
Live to love, love to live.
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Re: Going to file a complaint today....
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Loquacious
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Loquacious
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An educational video regarding police stops http://www.youtube.com/watch?v=LWGCIm4GNQEI think "Crabman" is in there
Last edited by Bucky; 02/24/2010 1:46 PM.
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Re: Going to file a complaint today....
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Loquacious
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Loquacious
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Quote:
"dude a cop can say whatever he wants, if youre innocent you have nothing to worry about."
What planet are you from, how many guys have been released from prison after years sometimes decades(wrongly convicted) since DNA.
When i was 13 i was charged with burglary for trying to break into a drug store, I was innocent! and had a lot to worry about! That led to years in reform schools group homes etc. my life was FUBAR for years because of that.
Cops are usually to hard on kids... Do you know what its like to be in Jail with rapists, dealers, murderers when your 17, they used to put you right in with them.
Think about the stuff we did when we were kids....kids today cant do 1/10 of the stuff you could do 20 years ago
Its the wussification of America...
Dave, I'm from Earth, not a tv show. The number of innocent people in jail right now or in the past is such a small percentage that its silly to even reference. You cant possibly think that every cop out there is looking to stick you in jail whether youre innocent or not. Even if you yourself had a bad experience with the law.
I got into some road rage with an off duty bike cop. He wrote up all kinds of rediculous tickets and I had to go to court and fight them. So there you go, 2 instances between you and me where a cop did us wrong. Thats still not going to make me think for a second that every cop is corrupt.
The law has to be hard on kids because the parents arent. And yes I'll agree that kids today are being wussified, but they sure arent so innocent anymore either. Neither are the some of the cops.
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Re: Going to file a complaint today....
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Monkey Butt
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Monkey Butt
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A few years ago we had just jacked cigarette taxes thru the roof here in Iowa and lots of people were going to Missouri to buy their smokes. About the same time my brother was living just a mile or two south of the border in Missouri. He needed some stuff from his sons house here in the Des Moines area for a new job and his pickup wasn't running so he called me and asked me to bring it down to him. I was far from happy with him but I agreed to do it. I drove my Blazer to his house, threw his stuff on the porch, knocked on the door, and left. Less than ten minutes after leaving Iowa I returned on the same highway. A state trooper pulled me over to ask if I had bought cigarettes in Missouri. I told him no, I had not. He then asked if I minded if he searched the car. I said that yes, I very much minded. He said he could get a warrant (doubtful) That's when I told him to go ahead, I had nothing better to do for the day and that I'd be happy to spend several hours keeping him from harassing fellow citizens to feed the state coffers. It took him about 15 seconds to think it over and send me on my way.
We all like to think of ourselves as rugged individualists. But when push comes to shove most of us are sheep who do what we are told. Worst of all, a lot of us become unpaid agents of whoever is controlling the agenda by enforcing the current dogma on the few rugged individualists who actually exist.
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Re: Going to file a complaint today....
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Should be Riding
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Should be Riding
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Would that even be illegal, buying cigarettes in MO to avoid the higher tax? Wonder if that would apply to Illinois driver who come over to get the cheaper gas, it's at least 10-15 cents a gallon less here.
Always remember to be yourself. Unless you suck. Then pretend to be someone else.
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Re: Going to file a complaint today....
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Would that even be illegal, buying cigarettes in MO to avoid the higher tax? Wonder if that would apply to Illinois driver who come over to get the cheaper gas, it's at least 10-15 cents a gallon less here.
Good thing they haven't figured out a way to put a state stamp on gasoline...... yet 
Last edited by Scottdog; 02/24/2010 11:41 AM.
"When possible, make a legal u-turn."
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Re: Going to file a complaint today....
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Monkey Butt
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Monkey Butt
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Quote:
Would that even be illegal, buying cigarettes in MO to avoid the higher tax? Wonder if that would apply to Illinois driver who come over to get the cheaper gas, it's at least 10-15 cents a gallon less here.
Yup, it's called bootlegging. I don't smoke cigarettes but I certainly have no problem with people keeping their money away from revenuers. Truckers can get hit for not paying the in-state gas tax since they are required to keep records of that.
We all like to think of ourselves as rugged individualists. But when push comes to shove most of us are sheep who do what we are told. Worst of all, a lot of us become unpaid agents of whoever is controlling the agenda by enforcing the current dogma on the few rugged individualists who actually exist.
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Re: Going to file a complaint today....
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Loquacious
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Loquacious
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You're kiddng me ... you mean you guys have "import" taxes between states?
Bedouin.
Blessed are those eyes that have seen more roads than any man! (Homer).
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Re: Going to file a complaint today....
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Loquacious
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Loquacious
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Quote:
Quote:
Would that even be illegal, buying cigarettes in MO to avoid the higher tax? Wonder if that would apply to Illinois driver who come over to get the cheaper gas, it's at least 10-15 cents a gallon less here.
Yup, it's called bootlegging. I don't smoke cigarettes but I certainly have no problem with people keeping their money away from revenuers. Truckers can get hit for not paying the in-state gas tax since they are required to keep records of that.
DUUUDE!!! 
And you may see me tonight
With an illegal smile
J. Prine
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Re: Going to file a complaint today....
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Should be Riding
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Should be Riding
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Interestingly enough, just today on the 5:00 news there was a story on cigarette bootlegging from Missouri into Illinois and how they are cracking down on it, posting signs and levying fines and seizing vehicles. You can cross into IL with no more than 5 cartons at a time.
What is to stop a trucker from filling up in a lower tax state before crossing into a higher tax one?
Always remember to be yourself. Unless you suck. Then pretend to be someone else.
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Re: Going to file a complaint today....
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Bar Shake
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Bar Shake
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Posts: 6,821 |
Quote:
You're kiddng me ... you mean you guys have "import" taxes between states?
I dunno about that. Maybe, but it's very common in areas with Indian reservations for people to buy cigarettes and not pay the state taxes.
And you can buy a certain amount of cigarettes or booze or other items on cruise ships and not pay tax or duty on them.
Contra todo mal, mezcal; contra todo bien, también
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Re: Going to file a complaint today....
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Joined: Jan 2005
Posts: 7,630 Likes: 7
Monkey Butt
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Monkey Butt
Joined: Jan 2005
Posts: 7,630 Likes: 7 |
Quote:
You're kiddng me ... you mean you guys have "import" taxes between states?
No, in fact that is unconstitutional. We do have different tax rates on products between states and people often buy where the taxes are lower. It is illegal in most, if not all, states to buy a product in a low tax state and resell it in a high tax state without paying the tax in the high tax state. This is especially common with regard to cigarettes. People would buy cigarettes in states where the tax is very low, like the Carolinas, and resell them in states where the taxes are very high, like New York, on the black market. State revenue officials frown on this however, calling these free marketeers "Bootleggers" and sometimes sending them to state prison. Personally I'm a fan of the first signer of our Declaration of Independence, a Mr. John Hancock, a notorious flouter of the King's revenue laws. 
We all like to think of ourselves as rugged individualists. But when push comes to shove most of us are sheep who do what we are told. Worst of all, a lot of us become unpaid agents of whoever is controlling the agenda by enforcing the current dogma on the few rugged individualists who actually exist.
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