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Old 11-30-2009, 12:15 PM   #1
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Police officer was taking pictures of my liberty

I live in an apartment complex and my pugs were barking on the porch so I went out there and a police officer was taking pictures of my liberty so I went out and politely asked what he was doing and aparently a fellow officer of his that lives in the other building had his police vehicle backed into that was the same color paint as my Liberty, and he was taking pictures of my right backside of my Jeep (I hydroplaned and hit a cement median a couple of years ago) so it looked like I backed into the officer's vehicle, I explained why my Jeep had that scuff and dent. But my question is can the Police assume that it was me and ticket me or worse? He was a real cool guy didn't seem like he was very suspicious of me, so I hope not.

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Old 11-30-2009, 01:10 PM   #2
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They would need more evidence than just a car with the same color paint. A recent dent and paint scuff is much different than one done "several years ago," and they should be able to tell the difference.

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Old 11-30-2009, 01:31 PM   #3
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If the police car is still there, then I'd attempt to photograph the damage to his vehicle as well, and photo the damage w/ a tape measure in view showing the height of the damage. Hopefully, there will be a difference in the damage heights or markings (if you hit a guardrail you probably have longer scrapes, and his damage is likely a dent). Better safe than sorry. Good luck.
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Old 11-30-2009, 02:23 PM   #4
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I CAN write a ticket, but it wouldn't hold up.

Call your insurance company asap and give them all the details.

Had a similar issue a few months ago. Work parking lot, some guy left a note, said I backed into his car a couple days before. I didn't so, I just called my insurance company and put them in contact with him. He had the same company and they didn't pay him nor charge me.
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Old 11-30-2009, 03:11 PM   #5
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Originally Posted by wavebacktothetj View Post
... a police officer was taking pictures of my liberty ...
I have to admit to reading this totally wrong. I thought it was going to be a rant on freedoms and liberties being violated by the police. I was all "How can he take pictures of your 'liberty'?"

Give me Liberty or Give Me Death! But if I end up driving a Liberty, just kill me now. (kidding!).
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Old 11-30-2009, 09:38 PM   #6
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Give me Liberty or Give Me Death! But if I end up driving a Liberty, just kill me now. (kidding!).
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Old 12-02-2009, 08:35 AM   #7
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I CAN write a ticket, but it wouldn't hold up.
Since when can you write a ticket on a best guess?
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Old 12-02-2009, 10:17 AM   #8
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Since when can you write a ticket on a best guess?
I believe they can write a ticket for whatever the heck they want...within reason...but that doesn't mean it's gonna hold up in court.

As a friend of mine who's gone through police academy says (and holds a degree in police science and almost done with his BS in Criminal Justice), "Police are given as much power as the courts will allow them to have."
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Old 12-02-2009, 11:57 PM   #9
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Call your insurance company asap and give them all the details.
Wouldn't advise that if you have prior damage from an accident that you never reported.
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Old 12-03-2009, 08:50 AM   #10
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Wouldn't advise that if you have prior damage from an accident that you never reported.
What's unreported prior damage have to do with anything? The insurance company isn't going to care.

Regardless, this doesn't need to be reported to anyone. Sleep soundly, this doesn't sound like it's going anywhere.
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Old 12-03-2009, 09:24 AM   #11
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I believe they can write a ticket for whatever the heck they want...within reason...but that doesn't mean it's gonna hold up in court.

As a friend of mine who's gone through police academy says (and holds a degree in police science and almost done with his BS in Criminal Justice), "Police are given as much power as the courts will allow them to have."
Probable cause. Police cannot simply make up something and write you a ticket for it. Then you get into violation of fourth amendment. Your college buddy will learn this stuff when he gets a real education; one that doesn't come from a lecture hall or a text book.
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Old 12-03-2009, 11:16 AM   #12
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Probable cause. Police cannot simply make up something and write you a ticket for it. Then you get into violation of fourth amendment. Your college buddy will learn this stuff when he gets a real education; one that doesn't come from a lecture hall or a text book.
Well, you're right and you're wrong....in theory they cannot...but in practice they DO.

example number 1.

back in 2004 I was living in Lubbock, TX. I had a 2004 Dodge SRT4. I was out @ 2am, got pulled over, the officer informed me I was "hauling ass". and that he "heard me hauling ass". When I told him I was going the speed limit he told me that he didn't see me speeding, and yes when he saw me I was going the speed limit, but before that he heard a car "hauling ass" and he knew it was me. I spent 14hrs in jail, got my car impounded, etc...

My brother hired an attorney for me the next morning. and all charges were dropped in less than 2 wks. but I was still out 14hrs of my life, and a few hundred dollars (which is a lot to a college student)...and the mental damage that county jails do to a young mind.


Example 2.
Same car, same location, about 6 months earlier. A very large man followed me to a parking lot, got out of the car threatening my life, saying I hit his POS car....My SRT4 was Blue. his car was gold. he had a white spot and dent on his front fender and was accusing me of causing it on my dentless/paper tagged blue car.

Cops came, gave me 4 tickets, and left.

So Cops CAN do whatever they damn well please....but it won't always hold up in court. I will never step into a courtroom w/o a attorney again.
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Old 12-03-2009, 11:22 AM   #13
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+1 And many DO whatever they damn well please....I've got several stories between myself and brother, but I'm not going to rant here. Some people have never experienced this, and should feel fortunate that they haven't. The township I grew up in has a police department that is notorious for screwing up and harrassing people. Through high school and a few years afterwards I had several bad experiences. I move to another state where my job also requires me to have a relationship w/ PD's and NO problems. I couldn't get over the difference. I move home to where I grew up, and it's back to the same hard-ass mentality.
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Old 12-03-2009, 12:05 PM   #14
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So Cops CAN do whatever they damn well please....but it won't always hold up in court. I will never step into a courtroom w/o a attorney again.
Depends on how/and to what degree you want to press the issue.

Example 1: Citation for 'wrong color interior light'. The light on the door had been changed.

Example 2: 'Lying to police'. A violator was asked an immaterial question, and he gave a bogus answer.

Example 3: Numerous citations issued for 'Broken windshield'. These were written because it was an arrest title in the new default software of computerized citation booklets, and the new sgt. was a recently promoted DARE officer who'd been off the streets for a while. I was still working on removing all those bad arrest titles, and instructed everyone to know before they wrote.

Example 4: 'No driver license, no insurance, expired registration, expired inspection'. What's wrong about that? It was on a private parking lot! The officer responded to an accident where both vehicles were observed stationary in the parking lot.

I can keep going. These are violations that I saw turned in and immediately had the court dismiss. If people press the issue, you can run into a problem with the fourth amendment, because of an unlawful detention; not to mention you run into the problem where if anything is found from one of these bogus stops, it's no good.

Look at the ridiculous license plate law that Texas changed a couple years ago; the one where you can't have any sort of frame covering the state. That was because some trooper, who didn't know the law, lost his drug case when he stopped a van and found a bunch of drugs; although that was a misinterpretation, and not a blatant mistake of law (I would have expected more from a trooper though).
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Old 12-03-2009, 01:08 PM   #15
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you're agreeing with me right?

Police do what they want, then its up to you to take it to court and fight it...

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Originally Posted by ChrisTX View Post
Depends on how/and to what degree you want to press the issue.

Example 1: Citation for 'wrong color interior light'. The light on the door had been changed.

Example 2: 'Lying to police'. A violator was asked an immaterial question, and he gave a bogus answer.

Example 3: Numerous citations issued for 'Broken windshield'. These were written because it was an arrest title in the new default software of computerized citation booklets, and the new sgt. was a recently promoted DARE officer who'd been off the streets for a while. I was still working on removing all those bad arrest titles, and instructed everyone to know before they wrote.

Example 4: 'No driver license, no insurance, expired registration, expired inspection'. What's wrong about that? It was on a private parking lot! The officer responded to an accident where both vehicles were observed stationary in the parking lot.

I can keep going. These are violations that I saw turned in and immediately had the court dismiss. If people press the issue, you can run into a problem with the fourth amendment, because of an unlawful detention; not to mention you run into the problem where if anything is found from one of these bogus stops, it's no good.

Look at the ridiculous license plate law that Texas changed a couple years ago; the one where you can't have any sort of frame covering the state. That was because some trooper, who didn't know the law, lost his drug case when he stopped a van and found a bunch of drugs; although that was a misinterpretation, and not a blatant mistake of law (I would have expected more from a trooper though).
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Old 12-03-2009, 02:47 PM   #16
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you're agreeing with me right?

Police do what they want, then its up to you to take it to court and fight it...
You are implying that they can. I'm saying they cannot. Does it happen? Yes; I've provided examples. Is it legal? No. Can they be held liable under the fourth amendment? Yes. Is it likely that they will? Most often not, because most people don't know any better.

Two detectives in the jurisdiction where I worked requested that I stop a car they were following (they were from a neighboring city). The driver was a suspected burglar. I found a traffic violation, and made the stop. One of the detectives asked me if I could get consent to search. I made the request for the consent from the driver, and the driver refused. The detective then asked me to circumvent the consent and arrest the driver for the traffic violation (this would in effect have allowed a search subsequent to the arrest). I gave the driver back his driver license and left the two detectives standing on the side of the road.

I could tell you tons of stuff like this. In that case, I could have done as the detectives asked, and it would have been perfectly legal, but it wouldn't have been ethical; burglar or no burglar.

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