Posted by pat on 2/03/03

More | Report Post

Can anyone refer me further (us supreme or 9th cir, or
state of oregon) on issue of when a traffic stop
(ostensibly) becomes a "Terry" stop?...I was arrested
jan 18, 2003 and have not seen the police report
yet...Relevant facts: City of Portland police officer
observed me driving past him, in a "high crime"
neighborhood, going in the opposite direction. Three
streets later, I signal a right turn to go home. Now
nearly six blocks away, officer views this (and a crack in
my left taillight) in his rear view mirror and u-turns...I
turn right...A van turns onto the same street behind
me...As I signal another right turn (I live at the
intersection), the officer turns onto the same street, but
his view of my car is obstructed by the van...I turn the
corner, park the car, turn the engine off and get out of
the car with the keys in my hand...The officer races
around the corner and, without sirens or lights twirling,
accosts me crossing the street to my house...Shining
his spotlight, he jumps out of his cruiser and yells, "Get
back in the car!"...I protest, "But officer, I'm home, I'm
going to my house, I live here!"...His response is even
more threatening, "I said get back in the car and roll
down the windows!!"...At this point, fearful of my
personal security and heedful of the prudent advice to
never resist the commands of an officer, I got back in
the car and rolled the windows down...The rest is bad
history...Without EVER identifying himself or explaining
the nature of the investigatory "stop," and before he
even asks me for i.d., his first words at the side of my
car are, "I smell marijuana. Whose got the marijuana?
(I had a passenger)...OK, we can do this the hard way
or the east way. Now give it up!"...Eventually, we were
both handcuffed, booked, printed and released...My first
appearance in court is scheduled for Feb 18, 2003...
Sorry about the length of the post...All ideas are
welcome!...Thank you...

"Terry" or "Whren"?, 2/03/03, by pat .

Due Process Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST