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Court tosses drug evidence because trooper spent too long questioning driver after a traffic stop


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Comments

So, are they giving the money and the drugs back?

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I bet you know that's not how it works.

As for me, IANAL, but I thought lying to a cop, specifically about your address, was a crime.

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Lying to a federal agent is a Whole Thing, and the deck is stacked pretty badly against people being interviewed by them. But if you're talking state, well, that varies by state.

In Massachusetts I think there's "filing a false report" and "obstruction of justice". The latter would be applicable, but... I've *never* heard of someone being charged with obstruction of justice for lying about "no I didn't do it", just like I don't think perjury applies for the defendant in a trial. (I think it's intended to be used for other people -- witnesses and the like.)

There might also be something about failing to identify oneself to law enforcement when stopped, but that's very specific.

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Nobody's talking about "I didn't do it" statements. The specific lie was about his address, which you don't mention.

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I misread your comment as talking about lying in general *and* in specific. My bad.

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Already used them.

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About the thousands of other cases where something similar happened. However, in those cases the defendants either pleaded guilty (most likely) or didn't have a good lawyer. In those thousands of cases people had their rights violated and served considerable time in jail when they never should have.

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... didn’t give him a ticket for not signaling. Could have at least got him on that.

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(Expletive) pigs, (expletive) the idea that a person should be arrested for having cocaine, and (expletive) this moron for being too stupid to not signal a turn, especially in front of a police officer.

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It sounds like good police work to me.
But I'm not a Judge.

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But once you start asking people where they are going or coming from it kind of ends there because those questions have nothing to do with a traffic violation. So anything after that is not good (including the odd Catholic=Crime overtones in this one)

What isn’t clear here is whether the ID was fake? The address made up? Was he using someone else’s ID? Did he simply not know the streets next to his? (Not uncommon). If these questions were asked first and the other ones not asked at all this may have been a good stop.

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What’s a reasonable answer when a police officer who has pulled you over for something legit (e.g. headlight out) asks “where are you coming from?” I am aware that I don’t have to answer that question, but i also don’t want to piss off a guy with a gun and a badge and the power to ruin my day, whose mental health issues, if any, are unknown to me.

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Not many officers are going to ask this question though unless there is something he’s trying to figure out right? Or he’s just being cordial (or nosy) and trying to pass the time.

I mean, if you are coming from a bar and had a few be honest (about the bar, maybe not the “few”).

But always remember there may be a reason he’s asking you a question like that too. Maybe a similar car to yours was involved in a hit and run or some alleged road rage incident?

If your good at stories you can make something up too. If you have nothing to hide and are some middle age guy with no record (the cop will most likely know this from running your plate) nothing is going to happen to you. Which goes back to this case where maybe the guy had a record when he ran him for serious stuff and he was looking for more? That part of the story was let clear.

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The amount of deference & benefit of the doubt given to police by white people never ceases to amaze me. The rare times I've been pulled over always ended up being a 30 min fishing expedition and frankly wish I knew this information when I was a commuting worker.

Unfortunately, it seems there's not much I can do if I feel like an officer is just wasting my time because they are "suspicious" of something about me. This whole idea of if you got nothing to hide, you have nothing to worry about is a foreign idea for me and my family.

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