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Questions for LEO's about a traffic stop

Discussion in 'Law Enforcement Officers' started by NetMonkey, Aug 6, 2011.

  1. Aug 6, 2011 at 4:55 PM
    #1
    NetMonkey

    NetMonkey [OP] Well-Known Member

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    so my wife told me this story about a guy she used to work with and my first reaction was to call bull shit on the guy, but i wanted to get the professional opinion.

    so here goes....

    in las vegas, this guy was driving home and noticed that a cop was following him for about mile or so, but he hadnt flashed his lights yet. when the guy finally got about a block from his house, the cop did flash his lights, but the guy did not pull over and decided to drive all the way to his house. when he got there, he clicked open the garage door, drove in, and closed the garage door leaving the cop outside. from what this guy said, he just went into his house and the cop didnt try knocking on the door or pursuing the matter further. he bragged about some "homestead" law saying that the cop would have needed a search warrant to pursue him.

    thats were i call bull shit. it seems to me that the guy was evading the police.

    so what do you LEO's have to say about it? if you were trying to make a traffic stop and the individual fled into his house, would you just say "oh well" and leave?
     
  2. Aug 6, 2011 at 10:59 PM
    #2
    k9cop

    k9cop if your not the lead dog, the view never changes

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    To me it does not sound like the cop was trying to pull him over. If he was and had lights and sirens blaring thats a different storey. I have had that happen to me I kicked the door in and got my guy. Thats a felony here. Dude we have led lights all over our cars that can be seen for miles and sirens are damn loud. I could not imagine anyone not knowing they are being pulled over.
     
  3. Aug 7, 2011 at 12:18 AM
    #3
    Steves104x4

    Steves104x4 Well-Known Member

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    BUCKLE UP! It makes it harder for Aliens to pull you out of your Truck.
  4. Sep 6, 2011 at 12:00 PM
    #4
    Stillfly199

    Stillfly199 ( . )( . )

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    I just now saw this. There are multiple factors in this kind of situation. I do not know about NV, but in CA if someone runs from you we are allowed to pursue into the residence, BUT we have lost a lot of officers to incidents just like that. I had a situation just like the one you are talking about and we called multiple units in and surrounded the residence. But yes, you can go in the residence, you dont need a warrant if there is immediate danger to Property, destruction of evidence, evading of the suspect, or life in danger.
     
  5. Sep 8, 2011 at 6:32 AM
    #5
    Chris(NJ)

    Chris(NJ) Well-Known Member

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    ^^^ This.
     
  6. Sep 9, 2011 at 5:58 PM
    #6
    humphrey242

    humphrey242 Well-Known Member

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    In Alabama we have exergent circumstances that would allow us to make entry into a residence without the need of a search warrant, hot pursuit being one of them. If a subject flee's in an attempt to avoid law enforcement (arrest) we have the right to kick the door down after he's just shut it. Now if the subject went inside and the officer decided to come back later, that would be illegal and need a search warrant.
     
  7. Nov 2, 2011 at 1:01 AM
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    ftttu

    ftttu Well-Known Member

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    I stopped a guy once in front of his house. While I was running him, he took off and ran into his house. He did have traffic warrants but the kind we won't deal with unless there are many of them. I couldn't make contact with him that day at his house so I just worked up the warrant on him. I followed up a few times but I never located him. I'm sure he had been picked up by other officers over time and who knows what had happened to the case. But in reference to the actual poster, I would have done something similar as what I had already posted above.

    P.S. Here in Texas, there is a traffic statute about attempting to elude police and there is a criminal law about fleeing. The traffic law is just a misdemeanor but if you flee in your vehicle, it is a felony. Don't run and just take your lumps.
     
  8. Nov 2, 2011 at 1:14 AM
    #8
    ShawnR

    ShawnR Roads?? We don't need no stinkin' roads...

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  9. Nov 2, 2011 at 1:49 AM
    #9
    leveltwo

    leveltwo Well-Known Member

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    Sounds like your wife's friend is a dbag and no, there is no homestead rule.
     
  10. Nov 3, 2011 at 10:55 AM
    #10
    JDCPA

    JDCPA Well-Known Member

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    In determining whether you have the authority to follow someone into their house for a traffic violation doesn't it matter that a traffic citation is a civil, non-criminal offense? No one's life or property is in danger.
     
  11. Nov 3, 2011 at 3:24 PM
    #11
    ftttu

    ftttu Well-Known Member

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    I'm not following someone into their house for a misdemeanor traffic violation but If for some reason, I have good reason that the guy was running inside to get rid of something like drugs, weapons, stolen property, etc, I may go after him. Those are considered "exigent" circumstances. If was in pursuit of someone who was driving a motor vehicle, since it is a felony here in the Great State of Texas, I can chase him into his house and arrest. Basically, misdemeanor(with no exigent circumstances)-no, felony-yes.
     
  12. Nov 3, 2011 at 4:33 PM
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    Stillfly199

    Stillfly199 ( . )( . )

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    If you run from the cops, you are trying to hide something, and it usually is not because you just dont want the $200 fine, it is usually because you are wanted for one reason or another. It is still considered running from the cops and is an arrestable offense, so I would just call for back up and keep eyes on the house.
     
  13. Nov 3, 2011 at 5:06 PM
    #13
    k9cop

    k9cop if your not the lead dog, the view never changes

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    heres my view...how would you know the house he is running into is his:notsure:. bad guys usually don't drive their own cars
     
  14. Nov 4, 2011 at 1:14 PM
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    JDCPA

    JDCPA Well-Known Member

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    Assuming you were able to get the tag and run it I would think having the address on the registration match the address I had just followed him to would be an indicator that it probably is not a bad guy.

    It's a tough call either way.
     
  15. Nov 16, 2011 at 9:21 AM
    #15
    elicitone

    elicitone Well-Known Member

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    I find it interesting to see the different ways things are handled from state to state. And the different authorities officers have.

    Here in Ontario and the rest of Canada. Driving is a privelage and not a right. Drivers are required to stop for police(period)! Failing to do so is an arrestable offence. Drivers can be stopped for a myriad of reasons, usually it is in relation to a traffic offence. But there are 4 specific reasons granted to us that allow us to stop anyone at anytime without requiring them to have committed an offence. 1.Driver sobriety 2. Prove they are Licenced 3. Prove they are Insured 4. Ensure the vehicle is mechanically fit.

    Every driver is further required to identify themself upon being stopped or they can be arrested.

    As someone above mentioned already, FRESH PURSUIT! Whether criminal at the outset or not, criminallity is assumed when you run and intentionally evade. Not to mention the criminal offence of Flight.

    We can and I have follow you into your home. Nothing more fun then turning a door frame to splinters and then arresting an idiot and laying thousands of dollars in fines on him. Specially when if the guy stopped when indicated they would have gotten a $110 ticket for a stop sign or maybe even a warning...
     
  16. Nov 16, 2011 at 10:03 AM
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    Goldstar225

    Goldstar225 Well-Known Member

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    U.S. Supreme Court ruling from the 70's extablished that once an officer has attempted to effect an arrest on a person outside a residence, they may enter the residence to place the person in custody without consent or a warrant.
     
  17. Nov 16, 2011 at 10:42 AM
    #17
    macgyver

    macgyver Well-Known Member

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    hmm...I did the same thing recently but not intentionally and he didn't put his lights on. I was driving home from mowing a client's lawn, I passed a sheriff about a mile from my neighborhood going the opposite direction. I kept going (never saw him turn around) I pulled into my neighborhood, opened my garage door, then backed my trailer into the garage. When I turned my head around after backing the trailer in, there was a sheriff sitting in front of my driveway. He didn't get out of his car though, He waived me to over to his car. Apparently he noticed I didn't have a tag on my trailer (New trailer I just bought) when he passed me.
     
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