Exhibition of power?

[SoCalBlk03]

I've been searching and come up with absolutely nothing. The closest reference to this statute (Cali) is exhibition on speed. This one though addresses side by side racing etc. basically street racing. My reason for the search is that I've been pulled over twice for "exhibition of power" but not ticketed (didn't speed, spin tires or anything!). Is it because the statute doesn't exist or impossable to prove w/o video or tangable evidence?

If I don't break my tires loose, don't accelerate quickly, don't agressively shift and don't speed how can a cop justify pulling me over under this guise? Am I imagining harassment or are the stops legit????:shrug:

 

[2F2F]

Although not CA-specific, I remember a recent Donut Shop thread regarding exhibition of speed...

 

[harry gilbert]

Put a video cam in your car aimed at the speedo/tach and looking out the front window. When you're on base record everything. Use the tapes to file a complaint. You must go beyond emotion and opinion and provide facts to get the situation resolved.

I do that now on certain stretches of highway known as "speed trap alley". I also keep a mini tape recorder in my pocket to record the exchanges between myself and whomever, just in case.

When I have proof of abuse of power by the local police (read: Centerline Michigan PD) then I will push the issue with the local police commander, the district attorney, and the state police.

Disclaimer: this is NOT LEO-bashing. It is only my technique for obtaining evidence that I was NOT breaking the law under certain situations. I'm sure all of you LEOs want less emotion and more evidence to weed out the small fraction who abuse their power.

If I could tie a data logger into the video cam, that would be the icing on the cake: "Your honor, here's a print out keyed to the video I just played showing my speed and acceleration to be within the legal limits when the officer claimed I was doing 15 over."

 

[FordSVTFan]

Originally posted by harry gilbert
Put a video cam in your car aimed at the speedo/tach and looking out the front window. When you're on base record everything. Use the tapes to file a complaint. You must go beyond emotion and opinion and provide facts to get the situation resolved.

I do that now on certain stretches of highway known as "speed trap alley". I also keep a mini tape recorder in my pocket to record the exchanges between myself and whomever, just in case.

When I have proof of abuse of power by the local police (read: Centerline Michigan PD) then I will push the issue with the local police commander, the district attorney, and the state police.

Disclaimer: this is NOT LEO-bashing. It is only my technique for obtaining evidence that I was NOT breaking the law under certain situations. I'm sure all of you LEOs want less emotion and more evidence to weed out the small fraction who abuse their power

Harry that is indeed true, less emotion more hard evidence. And your technique is indeed one of the better ones. I think that would help weed out those few that are bad apples.

If I could tie a data logger into the video cam, that would be the icing on the cake: "Your honor, here's a print out keyed to the video I just played showing my speed and acceleration to be within the legal limits when the officer claimed I was doing 15 over."

Harry you could easily calibrate the time/date stamp on the video to a "Tachograph" (http://www.canwest-tach.com/) in the vehicle and that would seal the deal as far as appropriate evidence.

 

[LogiWorld123]

Exhibition of power is a judgement call on the officers part isnt it?

 

[POINTCOVER]

Originally posted by harry gilbert
Put a video cam in your car aimed at the speedo/tach and looking out the front window. When you're on base record everything. Use the tapes to file a complaint. You must go beyond emotion and opinion and provide facts to get the situation resolved.

I do that now on certain stretches of highway known as "speed trap alley". I also keep a mini tape recorder in my pocket to record the exchanges between myself and whomever, just in case.

You better check your state laws on recording others without consent. Nice way to get locked up.

 

[harry gilbert]

It's funny how these laws seem to work in one directon. Police can put video and sound recorders in their vehicles and record with or without my consent. But let me have a tape for objective evidence of what was said (and the tone of voice) and oh my gosh that's a no-no.

 

[Ryan]

:thumbsup: good call....

Originally posted by harry gilbert
It's funny how these laws seem to work in one directon. Police can put video and sound recorders in their vehicles and record with or without my consent. But let me have a tape for objective evidence of what was said (and the tone of voice) and oh my gosh that's a no-no.

 

[FordSVTFan]

Originally posted by harry gilbert
It's funny how these laws seem to work in one directon. Police can put video and sound recorders in their vehicles and record with or without my consent. But let me have a tape for objective evidence of what was said (and the tone of voice) and oh my gosh that's a no-no.

Harry I am not too sure that there is any legal basis. As I understand the Federal law on this matter it is perfectly legal to record someone(without their consent or knowledge) either with video or audio as long as it is for private use and not for sale/profit or purposes of conducting illegal activities.

This is the same basic principle a private detective uses to photograph, video or audio tape a person they are surveilling also without their permission.

It is the actual rebroadcast that needs permission. And none would be needed as evidence in a court appearance.

So, you would be fine!

 

[SoCalBlk03]

Put a video cam in your car aimed at the speedo/tach and looking out the front window. When you're on base record everything. Use the tapes to file a complaint. You must go beyond emotion and opinion and provide facts to get the situation resolved.

Sounds like good advice, esp since my wife has been getting hassled as well. It almost appears like my car has been marked/ profiled. And esp since the 'ol "officer I really didn't do it" doesn't carry any weight.

 

[NeedForSpeed]

I have a good question,

I was told by a local officer that spinning the tires is wreckless or careless driving.....??

What the hell is that?

 

[NeedForSpeed]

And I love that video idea, I always wanted to make a roll bar camera mount when I was younger. I had this big idea I was gonna get several hours of footage of police commiting acts which I felt as unsafe driving. Then call up the local news and see if they wanted to make some kind of deal for a news special.

Never got around to doing it, and I figured I shouldn't cause after that all cops would be out on the hunt for me..... lol

It s however a great idea for accidents, and other road violations, etc...... you can really see exactly what happened.

 

[POINTCOVER]

Originally posted by harry gilbert
It's funny how these laws seem to work in one directon. Police can put video and sound recorders in their vehicles and record with or without my consent. But let me have a tape for objective evidence of what was said (and the tone of voice) and oh my gosh that's a no-no.

Relax, you can do it...you just have to advise the person they are being recorded. Just like we do.

 

[harry gilbert]

Originally posted by FordSVTFan
Harry I am not too sure that there is any legal basis. As I understand the Federal law on this matter it is perfectly legal to record someone(without their consent or knowledge) either with video or audio as long as it is for private use and not for sale/profit or purposes of conducting illegal activities.

This is the same basic principle a private detective uses to photograph, video or audio tape a person they are surveilling also without their permission.

It is the actual rebroadcast that needs permission. And none would be needed as evidence in a court appearance.

So, you would be fine!

Not in every state. I had a situation once where an employer came to my home and asked me to do something illegal or else he would terminate my employment. I had a suspicion he was up to no good, and put a tape recorder under the couch. This is in my house. I took the tape to my attorney, who expressed horror that I had recorded the conversation without the other guy's consent and said to reveal the tape in court (by that time we were in civil lawsuit mode) would expose me to criminal charges. So the issue is a relevant one, I guess it depends on the state and politics.

 

[zzzzzer]

Originally posted by FordSVTFan
Harry I am not too sure that there is any legal basis. As I understand the Federal law on this matter it is perfectly legal to record someone(without their consent or knowledge) either with video or audio as long as it is for private use and not for sale/profit or purposes of conducting illegal activities.

Good point, and Harry makes a good point as well. Its definitely a question of what your state law allows. :read: For example, in some states its legal to record a second party so long as one of the parties is aware that they're being recorded.

A few years ago I read about a case where a man videotaped a lady he was intimate w/ without her knowledge :nono: but the lady's case was dismissed b/c state law dictated that only one of the two parties involved needed to know they were being recorded.

I really felt bad for the lady. Still, the way the law is written helps out so many others b/c it means you don't have to get the permission of someone who, let's say, is attempting to extort money from you. It would be kinda hard to convince 'em to incriminate themselves. Still, such recording laws will vary from state to state. What jurisdiction the FCC has (if any) regarding such matters? I really don't know. :shrug:

 

[WS6_Toddler]

Wellll....... good luck

 

[chopper]

YES I HERD OF THAT, BACK IN THE OLD DAYS I WAS CRUZIN IN MY 69 Z-28 427 L-88 WITH BIG OLD TUNNEL RAM 2 HOLLEY 660 CENTER SQIRTERS BIG MECH. CAM I WAS SITTING AT A LIGHT AND A COP WAS NEXT TO ME THE MOTTER WAS LOADING UP SO I CLERED IT OUT THE COP JUST ABOUT SHI* turrned his rollers on and gave me a ticket for that verry same thing. went to court over it and had it thrown out. i think the cop just wanted to check out my car...... ah the good old days............

 

[harry gilbert]

Back when I turned 16 I was ticketed for Exhibition of Speed in a 1952 Ford. Basically, the car's shocks were shot, and the officer equated the fact that the car bottomed out as I traversed a deeply rutted intersection with "speeding". I went to court, and asked the judge to step outside and push down on the fender to see how the body bounced. Which he did! I then interrogated the officer on how body bounce equates to car speed. The case was thrown out of court. I doubt if today the judge would step outside the court room.

 

[TropicalSVT]

Originally posted by POINTCOVER
You better check your state laws on recording others without consent. Nice way to get locked up.

From what I understand from case law / legal opinion is that there is no expectation of privacy on the side of the road (in the car or out of the car). That is why LEOs can video/audio tape violators without letting them know.

 

[olchakla]

I had bought some new Nitto tires and was putting them on after I got off work. Since I still had some thread left on my tires I wanted to do some burn outs on my tires since I hate to loose out on the remaining thread. I sat in the backend of the company parking lot where it is clearly stated that it is private property. I ran through about 4 or 5 burn outs when the Valentine started going like crazy and I knew a cop was in the area. I started to drive back into the parking lot and pulled into the spot I park my 03 Cobra in. As I pulled in the local police pulled over to my side and looked at me. I said, what, I am on private property. He said that I need to stop that he heard me the next block over. I have the Magnaflow x-pipes and exhaust and reving up to 6000 rpm it is a little loud. I was ready to confront him if he would have ticketed me, but what was funny is that he asked me what mods I had on the car and what I thought of my 03 Cobra. Turned out he has a 98 Cobra also. I started to show him the mods and had told him I was getting new tires put on and wanted to burn up the old ones. I offered him the pleasure if he wanted to smoke the tires and see how the car runs. He said he had to pass since he had a robbery report to write up. I got his contact info and told him that he would be invited to the next DFW GTG to join in the social fun.