Probable cause?

[WhatV8]

I got a ticket a couple of weeks ago, which is not my real guff as I deserved the ticket, it was that I was pulled over considering the events leading up to it. I am still kind of unsure as to why I was initially pulled over and what are the guidelines for being able to be pulled over? I was not speeding, I did not blow a stop light, etc. Read below and any feedback would be appreciated.

Here is what happened on my way home from the NMRA event in Byron, IL. I was headed toward a small farming town NW of Chicago that is allegedly well known for keeping their total ticket count high, so I know to make sure I don't provoke being pulled over for ANYTHING. I was behind a mid-80's Mercedes diesel that was choking me with black exhaust bellowing out his tailpipe and driving about 5mph below the posted 55mph speed limit. After about a mile behind him I pull out and pass him, nothing fancy just a pass on a two lane blacktop. As I go by I notice his light blue, collared shirt with a police patch on the sleeve. I was concerned for a moment, but though, "I have done nothing illegal, just get over it" and went on my way, besides he was most likely off-duty. I drive through the town in normal fashion, no problem. Right...wrong. Just outside the town I pull away from a stop sign and look in my rear view mirror to see a squad racing up to me w/o his lights on through the 4-way stop intersection. I watch his hood dip way down as he gets on his brakes heavy to avoid running into me then he throws on the lights. I pull off the main road and he comes up as quick as he can get out of the car. He asks to see my license and proof of insurance, so I hand them to him. He then asks me if I passed my emissions testing, because my plates are suspended due to non-compliance (yes, I admit I am guilty for this offense). I responded that I had not yet taken it in, but that I was going to take care of that the next week (hey, I know better than to lie to a cop). He said that he was going to run my license to see if anything else comes up. While he was running my license I noticed the same mid-80's Mercedes that I passed pull up behind him. That officer came up and talked to the cop that pulled me over for a couple of minutes. Gee, do ya think he radioed ahead to his on-duty counterparts and had them run my plates when I passed him? I doubt I have anything I can note/complain about, but can he do that, I mean legally? :fm:

Anyway it took a conferance between two officers, a sargent, a rules book (I saw them thumbing through a pamphlet and a binder) and about 20 minutes for them to decide to let me go with just a ticket and not tow/impound my Mustang (thank God!!). It was funny, because the cop said that he and his sargent were letting me go because I was, "being cool about the whole situation." I am sorry, but what did you expect me to do, try and run or jump out of the car and act disorderly?? He also explained that I only needed to prove that my car passed the emissions testing before the court date to have the ticket dismissed. I have taken care of getting my car to the test station and pass. I guess I will get out of it with only having to pay court costs, but we shall see. Thanx for letting me vent. Later.

 

[sohowcome]

Ted,


Gotta love the police in chicago......... thats where I got my 107 in a 55 ticket.................... they wanted to haul me off to jail........... but I wasnt being a dickhead so they let me go........

Man guess he didnt like to be passed eh???

 

[94ShoOff]

Random license plate checks are allowable. The officer does not have to have a reason to run any plate.

 

[WhatV8]

I realize that they can do random plate checks, I believe that they should. I just find it a bit annoying that an off-duty officer is the one that had my plates run. Especially one who drives a black smoke producing, rusted and somewhat unroadworthy 'Benz (darn thing amost bounced off the road with every bump in the road). Ah well just thought I would pose the question. Tomorrow morning I will find out how the local judge will react to the ticket and the fact that I am now in compliance of our local emissions regulations.

Just another question, is it possible to perform a citizen's arrest on a vehicle that might be considered a "gross polluter" or "unroadworthy"? Just for my "what if" curiosity. II-) Later.

 

[WhatV8]

Well, my venting was nothing more than that and as I found out this morning all is well. I agree that a cop is on duty 24hrs a day and should act like it as needed. I am still a bit annoyed that he decided to run my plates when all I did was pass him in a legal manner.

I got to traffic court this morning and the baliff announced that they had over 400 cases to go over today so everyone was to behave and listen well. Luckily I was called within the first 45 minutes. The judge asked me for proof of emissions compliance, I gave him the papers, he asked if the state would like to pursue the charge, they stated "no", the judge handed me back my license, wished me a good day and I was outta there. For only a couple of hours of lost time I can't really complain, especially when I didn't even have to pay court costs. II-) I guess I gave someone some papers to shuffle for a couple of days. Later.

 

[94ShoOff]

I agree and disagree at the same time. Its true that you are on duty 24 hours a day, but are you allowed to enforce traffic violations or misdemeanors in your state while off duty? In Ohio, off duty officers are allowed to make felony arrests when off duty. We possess the same authority as citizens when it comes to other arrests. My department also has a policy stating that officers are not allowed to run license plates unless he/she is on duty and for business purposes. I personally could give a rats ass how someone is driving when I'm off unless I feel that they are going to cause someone else harm.:bash: I think officers will live alittle longer when they start leaving the job and uniform at work. Lifes too short.

 

[WhatV8]

I can't agree with ya more on leaving the job at work and not taking it home with you. That is sage advice for any walk of life, but especially true for law enforcement and fire fighters (I have both types of folks as relatives).

As for the off-duty, the guy who must have called my plates in for someone else to run was in uniform and probably on the way in to report for duty. Like I said this happened in a small farming town that is very well known for racking up an extreme amount of revenue from a very high number of tickets (i.e.- they are bored and have the time on their hands I guess). I was listening and talking to a few teenagers in the courtroom that also received tickets from the same town. Most had tickets that ranged from 4mph over speeding tickets to squeeling tires to burned out headlights, nothing major in my mind but enough to have these teenagers in court at least once a month from their info.

What was strange is that 3 cases that came before the bench before me challenged the ticket, but no officers from this town were present, so the judge issued a continuance to the case. All I can say is, huhhh? I my past experience if the ticketing officer was not there to testify for the ticket the judge would dismiss the case and let the offender walk free. Something must have changed in the past 6 years here in Illinois or maybe it is a county specific thing? Enough rambling.