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Fourth echelon

Federal court rules that bumper stickers, air fresheners are reasonable suspicion of criminal activity

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KINGSVILLE, TX — A panel of judges unanimously held that the presence of bumper stickers, air fresheners, and religious symbols in a vehicle can be considered “reasonable suspicion of criminal activity” during a traffic stop.

The case stems from a March 9, 2011, traffic stop that took place along U.S. Highway 77 in Kingsville, Texas.  Officer Mike Tamez of the Kingsville Police Department observed a Chevy Tahoe with a woman behind the wheel, going 2 MPH above the posted speed limit. The family vehicle had a man in the passenger seat and a young girl in the back. The vehicle’s bumper was decorated with a Drug Abuse Resistance Education (D.A.R.E.) sticker and other “pro-police” decals.  There were also a few rosaries hanging from the rear view mirror, and some air fresheners visible.

From these visual clues alone, Officer Tamez “concluded that they were probably drug runners.” He pulled them over for speeding, with the premeditated intention of searching the vehicle for drugs.

As Officer Tamez fished for probable cause, he had the driver, Mrs. Nohemi Peña, step out of the vehicle for questioning, while her husband, Ruben Peña-Gonzalez, waited inside with their daughter. The officer noticed things like the “smell of air freshener” and religious medallions on the driver’s key chain. He noted that Mrs. Peña “paused” before responding to his irrelevant line of questioning.

http://www.policestateusa.com/2015/us-v-pena-gonzalez/

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In NJ an air freshener is obstruction of driving ticket.In the early 2000s we were being pulled over for this and then the cops would search our cars!!it was total BS and a few of the cops got in trouble(meaning paid vacation and a desk job)

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KINGSVILLE, TX — A panel of judges unanimously held that the presence of bumper stickers, air fresheners, and religious symbols in a vehicle can be considered “reasonable suspicion of criminal activity” during a traffic stop.

The case stems from a March 9, 2011, traffic stop that took place along U.S. Highway 77 in Kingsville, Texas.  Officer Mike Tamez of the Kingsville Police Department observed a Chevy Tahoe with a woman behind the wheel, going 2 MPH above the posted speed limit. The family vehicle had a man in the passenger seat and a young girl in the back. The vehicle’s bumper was decorated with a Drug Abuse Resistance Education (D.A.R.E.) sticker and other “pro-police” decals.  There were also a few rosaries hanging from the rear view mirror, and some air fresheners visible.

From these visual clues alone, Officer Tamez “concluded that they were probably drug runners.” He pulled them over for speeding, with the premeditated intention of searching the vehicle for drugs.

As Officer Tamez fished for probable cause, he had the driver, Mrs. Nohemi Peña, step out of the vehicle for questioning, while her husband, Ruben Peña-Gonzalez, waited inside with their daughter. The officer noticed things like the “smell of air freshener” and religious medallions on the driver’s key chain. He noted that Mrs. Peña “paused” before responding to his irrelevant line of questioning.

http://www.policestateusa.com/2015/us-v-pena-gonzalez/

Never ever under any circumstances do you ever speak 1 word to a cop at a traffic stop! It's called the 5th Amendment and all I ever give them is a stupid look and complete 100% silence. Folks ought to do like a attorney came up with the lawful way to do DUI checkpoints. Clear plastic bag with your driver ID card, Insurance and vehicle registration in it with a big bold character text on a sheet of white paper, explaining you are reserving your 5th Amendment Right not to speak or answer questions from them. Even at a supposed speeding traffic stop some semblance of that attorney's method should be applied.

Check this Florida Attorneys method for this

https://www.youtube.com/watch?v=NlUjwv2F3wQ

 

Edited by Robert50

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Since when did going past a posted speed limit that was intentionally set below what the road could bear become a crime either?  Of course, that whole thing is a racket, being that speed limit, there is no such thing.  The insurance companies would buy the officers the speed radar which they would leave in their lap still energized giving them crouch cancer.  As if unnecessary stops haven't caused cars to barrell down over the police and the people they stopped, but now cops will kill somebody for fear of the cops life? 

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"Federal court rules that bumper stickers, air fresheners are reasonable suspicion of criminal activity"

How about this? Don't decorate your vehicle and you wont have to worry about it. 

Hanging stuff from your rear view mirror is a bad idea because it can be a distraction or obstruct your view.

Bumper stickers? I learned my lesson the hard way. The only sticker on my vehicle was a NRA decal.  I was at the mall Christmas shopping one day and when I returned to my truck I had a flat tire so, I limped over to a Tire Store to have it repaired. It seems that I was the 6th vehicle within few hours that had gotten a flat tire at the mall.  Someone was going through the mall parking lot breaking off drill bits in tires. The common thread?  Every vehicle with a flat tire had a NRA sticker on the back window.

I went straight home, scraped the decal off and never put anything on my truck again.  Besides, It's best not to let anyone know what you like or dislike. Let them wonder what you are up to.

:wink:

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"Federal court rules that bumper stickers, air fresheners are reasonable suspicion of criminal activity"

How about this? Don't decorate your vehicle and you wont have to worry about it. 

Hanging stuff from your rear view mirror is a bad idea because it can be a distraction or obstruct your view.

Bumper stickers? I learned my lesson the hard way. The only sticker on my vehicle was a NRA decal.  I was at the mall Christmas shopping one day and when I returned to my truck I had a flat tire so, I limped over to a Tire Store to have it repaired. It seems that I was the 6th vehicle within few hours that had gotten a flat tire at the mall.  Someone was going through the mall parking lot breaking off drill bits in tires. The common thread?  Every vehicle with a flat tire had a NRA sticker on the back window.

I went straight home, scraped the decal off and never put anything on my truck again.  Besides, It's best not to let anyone know what you like or dislike. Let them wonder what you are up to.

:wink:

I agree this is a good plan in keeping a low profile. However, there was a time when citizens weren't cataloged and profiled to the extent they are to-day and while other people might label you a moron for displaying an Obama bumper sticker, it wouldn't become part of your permanent NSA file.

It looks like Kingsville has found a way to fleece the public of their personal property.

The ruling gives legal cover for police to perform intrusive and irrelevant investigations on motorists, who have otherwise not been observed doing anything illegal.  And police departments have a great incentive to perform these lucrative fishing expeditions.  In 2014 alone, the Kingsville Police Department seized 21 vehicles and $1,099,558 in cash using civil asset forfeiture.

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"Federal court rules that bumper stickers, air fresheners are reasonable suspicion of criminal activity"

How about this? Don't decorate your vehicle and you wont have to worry about it. 

Hanging stuff from your rear view mirror is a bad idea because it can be a distraction or obstruct your view.

Bumper stickers? I learned my lesson the hard way. The only sticker on my vehicle was a NRA decal.  I was at the mall Christmas shopping one day and when I returned to my truck I had a flat tire so, I limped over to a Tire Store to have it repaired. It seems that I was the 6th vehicle within few hours that had gotten a flat tire at the mall.  Someone was going through the mall parking lot breaking off drill bits in tires. The common thread?  Every vehicle with a flat tire had a NRA sticker on the back window.

I went straight home, scraped the decal off and never put anything on my truck again.  Besides, It's best not to let anyone know what you like or dislike. Let them wonder what you are up to.

:wink:

Agreed.
I once rear ended a hippy with a ton of bumper stickers.
There was no damage but he freaked out and called the police.
I told the officer it was my fault. I hit him because I was distracted by the stickers.
The hippy started yelling at me and cop told me to go. No ticket. 
:cool:

I can't stand those air fresheners either.
They stink so bad, even from a distance.

I do see the down side of this though.
One more way to get people into the system.
 

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I agree this is a good plan in keeping a low profile. However, there was a time when citizens weren't cataloged and profiled to the extent they are to-day and while other people might label you a moron for displaying an Obama bumper sticker, it wouldn't become part of your permanent NSA file.

It looks like Kingsville has found a way to fleece the public of their personal property.

The ruling gives legal cover for police to perform intrusive and irrelevant investigations on motorists, who have otherwise not been observed doing anything illegal.  And police departments have a great incentive to perform these lucrative fishing expeditions.  In 2014 alone, the Kingsville Police Department seized 21 vehicles and $1,099,558 in cash using civil asset forfeiture.

That asset forfeiture is somewhat of a government crime of legalized theft.  But then the cash for clunkers program solved one of their problems: it took all the Obama bumper stickers off the road.  So wonder who's left to pull over for that?  Sometimes beauracy contradicts itself. 

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This stuff's been going on a long time. 

The vehicle’s bumper was decorated with a Drug Abuse Resistance Education (D.A.R.E.) sticker and other “pro-police” decals.  There were also a few rosaries hanging from the rear view mirror, and some air fresheners visible.

Its a trap, they give you the dare stickers and pro police stickers (however many cop cars have the same thing (bad for others, ok for them hipocracy) Many of the air fresheners are pre installed in new vehicles by dealerships. I worked at one which on every vehicle was installed air fresheners, and this corporation had at least 48 franchises in the us. So the idea seems to be sell air fresheners in stores for vehicles and install them as a way to get you suspicious in order to support the police corporation/dot. Now if you looked into all this stuff, you will see that unless you are are not a product of the corporation and also that they have no legal rights unless you give them these. Almost no one knows these things. Look up the law and whatnot. It states something like "drive and travel", I forget exactly. Basically unless you base your living off the highway like 18 wheeler people, then the other highway stuff doesn't apply such as speed limits/etc. I don't have the documents at hand, however they are at safekeeping somewhere waiting on me to review them. They are online however. Also see this No Drivers License Required to Drive In Us . So why is it the first thing they ask for when you get pulled over? Why do they arrest you for not having one? Because they are a product of the corporation and they also do not follow the constitution, and only exist to more often that not gain revenues for the state/private prison system/judicial system/etc.

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