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Originally Posted by Saliva Mark  Alright man, you’re adding more to the story now so; I don’t really know how credible your side of this incident is now.
Yes being stopped by an officer is a seizure. So this would fall under the IV Amendment… I don’t recall anywhere about him searching though. Why would I be frustrated with you and your alleged knowledge of the Constitution? Trust me you’re not the first concealed weapon carrying person who thinks they know the Constitution. So don’t flatter yourself by saying “There is nothing an officer hates than a citizen who knows there rights”. Especially when they don’t.
You don’t have to copy and paste the laws about Georgia Radar because I am already familiar with them. I am certified on running radar and my radar is re-cert quarterly by a P.O.S.T certified inspector. So if your ever were to receive a citation from an officer within the department just don’t get mad and huffy when you lose… BTW… I make copies of my radar logs and keep them in my desk drawer just in case. If a 63 year old retired sergeant who was allegedly a law enforcement veteran of 40 years couldn’t win a case against me (God do I love dash cameras) what makes you think you would?
Just to let you know a little secret… a good officer can get around a radar detector... but I won’t let you know what it is  |
I have added nothing to the story you just made assumptions about it without reading my posts thoroughly. I like dash cameras too. Sometimes cops get caught breaking the law and abusing their authority (as long as the tape doesn't mysteriously disappear).
The Fourth Amendment protects citizens against illegal search and seizure. Our founding fathers wanted it in the Constitution since the British searched homes and barns under the writs of assistance. The Fourth Amendment typically comes up in court when people are challenging admissibility of items that have been seized in a search. In the "seizure" of a person, it is not hard for a cop to justify detaining someone. They just have to say that they thought the person was breaking the law. Speaking of breaking the law, in West Virginia cops are only able to legally speed under two conditions: 1) When they are on an emergency call and 2) when they suspect a person is guilty of a traffic violation. I've seen them pass cars going well beyond the speed limit,without their flashing lights on, only to pull into a Dunkin Donuts shop. Does that happen in Georgia as well?
Just as long as you are 500 feet away and not moving it would hold up in court I guess. A lot of people don't know the rules about radar so they just pay the fine. Studies have shown that raising the radar gun can register a reading that exceeds the speed limit. Also stationary bill boards have been clocked well above the speed limit. Due to the unpredictability of radar California does not even allow radar to be used; speeding violations are done through pacing. And in West Virginia if a town is categorized as a Class IV Municipality or lower, the Cops are not allowed to introduce radar readings as evidence. The reason is that the courts feel the officers are not properly trained in use of radar. That doesn't stop them from taking money from people who pay a fine without challenging it in court.
It is good that you keep records of your radar logs, around here the Cops are quite unprofessional. It sounds like you are following regulations which isn't always the case for Cops. I cannot support those who defend Cops that dont follow regulations and feel that they are above the law.