Willbgood, is that the end of the story? It was pretty good reading up till it ended.
That is the end of the story...They, were pissed, but decided not arrest me or pursue it any farther...get cameras mounted. A Data logger is also worthwhile, really a must.
The cops knew it was a presumptive stop, they knew they held me longer than the law allows, for no real reasonable suspicion that gave them probable cause.
The police can only hold you for as long as it takes to write a ticket, unless they have reasonable suspicion that a crime is being committed. Refusing to allow them to violate the 4th amendment is not reasonable suspicion, neither is nervousness.
They new it, they new I new it, and it pissed them off...like some children who do not get their way, he threw a silent temper tantrum and threw my license on the ground, rather then acting like an adult.
Today, whenever I get stopped in the car, or on the bike, and they ask me any questions, (and if you look at my picture, you can well imagine I get stopped often for my looks, but almost never where I live,) I politely refuse to answer on camera. I make it clear I am filming.
It goes like this:
Good afternoon, do you know why I pulled you over?
no (but I know its because of my bike or lifted vehicle, or just the fact that I have long hair, a beard and big dark sunglasses,(which are required for me to go out in the sun. By the way, for almost my entire life I wore really short hair and beard...cops hate beards, I think it is in the manual..."beards equal outlaws")
Well I saw you AbC or XYZ. License and registration and insurance please.(now, in my state you do not have to give them to him, or her, you just have to show them, I tried this tack, don't do it, they go crazy, and they escalate, and then you get charged with resisting because you are covering you head as he/she kick shit out you. Always think de-escalation, he/she has a gun and various instruments of torture and he/she will use them for fun, some of live for this, trust me I know.)
ok, oh by the way for your protection and mine I am filming this stop
Oh
Where are you headed?
do you have a reasonable suspicion to ask that question, am I being detained because of probable cause?
Are you an attorney?
no, am I free to go?
Why are you nervous, do you have anything in the car I need to be concerned about? (I always want to say yeah, me your a public servant and my rights should be your utmost concern, not your freak'in biker hassled today quota. But I hold my tongue, because that can be twisted into a reasonable suspicion and my whole point is to avoid having my rights violated any further by this state sponsored highwayman)
At this point they often engage you in conversation trying to get you say anything they can twist on paper to give them something that will give them a reasonable suspicion...I say nothing. They might also give what they consider a lawful order, I comply, even if it is unlawful...its always better to settle in court yourself than to have you widow and kids get a bigger settlement.
nothing, am I free to go?
At this point, they either let me go and or say I need to check out your papers...well not really, usually they say something more inane like let me just go check your license and registration and see if you have any warrants or problems we need to clear up. ( "we" I always want to say your my only problem at the moment, but again, I am trying to live a life of non-aggression and I want to deescalate as much as my conscious allows.)
am I under arrest (he knows I know the law so he is going to either say have a nice day or go run check, at which time he is going to know I have not always been a fine upstanding citizen. He than will make a judgment call and either write me ticket, give me a warning and let me go. More often than not, he is going to let me go, but occasionally I get one that wants to punish me for past digressions. In some jurisdiction, he already knows based upon running my tags on his onboard computer, and it is really the reason he stopped me.)
The cop who sees himself as the kingdoms punisher will usually come back and ask me to get out of the car, and step over here. He is trying to get away form the cameras. I comply and I tell him and I am going to record the interview on the phone for his and my protection. He might say no, and make me empty my pockets on the car for his protection...I always have the phone recoding when I put it down.
am I under arrest?
no, but I ran your license and it indicates you were convicted of abc-xyz. If you just let me search your car to make sure there is nothing wrong, (out of order, illegal, that we need to handle, or could harm you or me,) I will et you get on you way. He is almost always buttery nice at this point.
no, am I free to go
Have you been drinking?
no
are you doing drugs?
no, am I free to go?
what are you afraid of, what are hiding?
Am I free to go, am I being detained, or am I under arrest? (at no time to I appear aggressive, nor do I show my frustration...remember your body language, it can be louder than words).
why don't you want me to search your car?
because just like you I swore an oath, and I not an oath breaker. I swore to uphold the constitution against all enemies foreign and domestic. If I allow you to search my car I violate the 4th amendment of the constitution and I become your co-conspirator in this villainous act unconstitutional act
In three years, every time I am stopped, I am released, about half the time without a ticket. Only once I fully complied and would have done anything and answered any question, it was two female cops, in Vegas. They immediately made me get off the bike and handcuffed me. I am sure they would have killed me for the slightest provocation. When they pulled me over in Vegas, I pulled into a location with lots of witnesses, and I did exactly what they said...they did not care about witnesses, I think they were on steroids. There reasonable suspicion was I kept twisting to the side and listening to my engine, and they thought my bike might be unsafe...I shit you not, that is what they said.
Occasionally it continues, and I continue in the same manner, I answer no questions unless they are directly related to the stop, and I answer every question with am I free to go.
I have not been searched, and if I am searched, they will find in my vehicle a suspicious locked box. They will force me to open it, or force it open themselves. (better have a torch or the fire department). Inside the box is a copy of the constitution and the bill of rights.
Doing this just a few years ago was impossible, but with the advent of cameras, and the fact, that there is new case law in our favor, and organizations that are fighting the highway men, we can protest in this manner and we can force the police to behave, and in fact, we have the chance, with the camera and the internet to turn back the hoard.
PS: I was once part of the hoard...