I NEED HELP! A STATE TROOPER STOLE MY WALLET AND ARRESTED ME!

[Davis0023]

Yes, delete the post and call an attorney!!!

 

[whocares]

all I have is the truth

I posted this because I only have the truth on my side. My wifes cell phone recording is a blur of bright light with random images of the incident before being reengaged by flashlight.

I already asked to have a copy of the dash camera footage when talking to trooper Davis about where my wallet was. He made it very clear that I didnt need to see the footage and that I could not. I know the trooper is going to lie. His buddy will go along with his lie. My story is absolutely 100% true. I dont feel that it matters what I say as the only defense the trooper has for his actions is already a complete fabrication. I am posting this because I have nothing to hide and would love to see anyone show evidence that the trooper was within his operating guidelines. I cant be found guilty on any level of factual evidence. The trooper is going to lie regardless of my post.

 

[Sfrandolph]

Sue the crap out of this POS.

 

[HoughMade]

Here's the deal- if they are going to lie....they will lie explaining why what they did was perfectly justified. That's obvious. You know someone who know procedures, knows what should have been done; knows what records should have been made, what those records should have said, and what hoops the police should have jumped through. That person is an experienced criminal defense lawyer.

This lawyer would likely tell you to delete the post, not to prepare to lie, but to prevent the other side from being able to see your truth and prepare their lies all the better. It's not about you hiding anything. It's about keeping the other side from being able to come up with better lies or to prepare ahead of time to poke holes in your story.

 

[MikeDVB]

Well it turns out my wife flicked her cigarette out the window and he hit his lights.

Still reading the rest of your post but... Why do people do this? Do you not have an ashtray in your vehicle?

If you're going to smoke, be responsible - put your cigarette butts in the trash or, at least, throw them in your car and not on the side of the road.

 

[MikeDVB]

1) Don't get out of your vehicle unless they have weapons or have given a reason to detaining you.

If the officer tells you to step out of the vehicle, I would advise following their directions.

I would be sure to record any interaction from the outset even if it's audio-only and make sure to say "I do not consent to any searches or seizure of my person or my property." "Am I being detained?" and "Am I free to go?"

Beyond that, keep your mouth shut. If you can't handle this, then just keep your mouth shut from the outset - you have no legal obligation to speak a single word to an officer, you actually have a right to not do so.

3) Lock your own car if you are ever detained or asked to step out, make sure windows are up. Turn the key to accessory and roll em up.

Not a bad idea but I wonder how an officer would react to you rolling up the window mid-conversation... I suppose you would want to say "I'm going to roll up my window and step out," but who knows if they'd respond to that properly - if they're out to get you, probably not.

4) If you are sober, refuse field sobriety and just go with the blood draw. Since, the test is not standardized go with something that is. The questions aren't about your ability to do something, it's about being able to follow directions with more than one step.

I didn't realize one could refuse a field sobriety test - wouldn't doing so essentially get you detained until such a test was conducted - or would you be 'arrested' before the test was administered?

5) Buy an audio recorder

QFT

6) Quit smoking

Wouldn't hurt - save money and no more littering resulting in being pulled over.

That said - if you're being followed by a police officer after leaving a bar, it's pretty obvious they're looking for you to do something wrong so they have PC to stop you... This would be the worst possible time to break the law like, you know, littering out your window while going down the road with the officer behind you.

I posted this because I only have the truth on my side. My wifes cell phone recording is a blur of bright light with random images of the incident before being reengaged by flashlight.

Surely this video also has an audio track?

I already asked to have a copy of the dash camera footage when talking to trooper Davis about where my wallet was. He made it very clear that I didnt need to see the footage and that I could not.

Well sure, he doesn't want you to see it - but you can legally request the video and receive it. By asking the trooper for it [who would never give it to you, even if he could] you've already tipped your hand that you're going to seek it out so if something was going to happen to that video, you increased those chances.

The best way to request that video is via a lawyer, but you can go to the State Police and fill out some paperwork to request the video - but you wouldn't be making the request to the arresting trooper.

I know the trooper is going to lie. His buddy will go along with his lie. My story is absolutely 100% true.

Unfortunately, even if you're right, it matters more what you can prove in court [or they can prove in court] than what actually happened. In a perfect world people wouldn't lie - but until we live in a perfect world you have to cover your @ss.

If there is dash cam video and a good audio track on your wife's cell phone video - you may be good to go [or maybe not, I'm not a lawyer - this isn't legal advice]. If the car didn't have a dash cam, or there was a 'malfunction' with the dash cam and you deleted your cell video or it didn't pick up audio then it very well could end up being your word versus theirs - all the more reason to get a good attorney.

I dont feel that it matters what I say as the only defense the trooper has for his actions is already a complete fabrication.

And this is why you're not an attorney... By all means - when you consult one - point them to this thread and I'm sure they'll facepalm as you continued to ignore the good advice you've been given.

I am posting this because I have nothing to hide and would love to see anyone show evidence that the trooper was within his operating guidelines.

Believe me, they will try to do so in court - you will definitely get to see this - you just won't find it here.

I cant be found guilty on any level of factual evidence. The trooper is going to lie regardless of my post.

Sure, so why tip your hand? When you play poker do you make sure to announce what cards you have in your hand because, "I have a winning hand regardless," or do you keep it to yourself?

Here's the deal- if they are going to lie....they will lie explaining why what they did was perfectly justified. That's obvious. You know someone who know procedures, knows what should have been done; knows what records should have been made, what those records should have said, and what hoops the police should have jumped through. That person is an experienced criminal defense lawyer.

This lawyer would likely tell you to delete the post, not to prepare to lie, but to prevent the other side from being able to see your truth and prepare their lies all the better. It's not about you hiding anything. It's about keeping the other side from being able to come up with better lies or to prepare ahead of time to poke holes in your story.

THIS ^^^

 

[patience0830]

Still reading the rest of your post but... Why do people do this? Do you not have an ashtray in your vehicle?

If you're going to smoke, be responsible - put your cigarette butts in the trash or, at least, throw them in your car and not on the side of the road.

Self inflicted wound caused by being irresponsible. Maybe undeserving of the treatment rcvd but it's rare that something good happens after midnight. Officer Davis may indeed embody the sentiment espoused by the word 'DICK" but if you'd just kept the butt in the car he might not have had reason to light you up.
I know, like blaming the rape victim for wearing a bare midriff.

Like Bill Clinton, I feel your pain. Also like Bill, I can't offer you as much as an aspirin for it.

 

[MikeDVB]

I know, like blaming the rape victim for wearing a bare midriff.

I wouldn't say so - wearing a bare midriff is 100% legal, throwing a cigarette butt out the window is not legal.

 

[CountryBoy19]

There is no face-palm big enough for the ignorance expressed in this thread... so I won't even waste my time looking for a great face-palm picture... the OP is his own worst enemy in this... I'm just going to beat my head against a brick wall now because it's obviously not getting through that he needs to SHUT THE H**L UP and at least TALK TO A LAWYER

 

[Trigger Time]

@ mikeDVB

Yea you can refuse a field sobriety test and also a portable breath test. At that point they either need to arrest you or let you go. If they arrest you then they better have enough probable cause to believe your drunk because someone's gonna have some 'splainin to do if they take you to the hospital or station (and you test 0) and do a blood draw or the mandatory breath test which if you refuse those your gonna lose your license and they will just get a warrant anyways or whatever they call it. I don't drink so if I'm ever in that situation go ahead and take me in boys because ill get a lawyer and buy some new toys with my payday. Fortunately most cops are honest and don't lie, but why take the chance of getting one that will?
Anyone who submits to roadside questioning or test is not wise an that's advice from many lawyers (not just me saying it. I'm no lawyer, but I will listen to them). Anything you say to a police officer can be used AGAINST you in court but actually legally CANNOT be used to help you. There is a very good video on YouTube of a law professor telling this advice and more and then a police detective with over 20 years then goes next and verifies everything the lawyer said is true.
Like scutter said above ... Just 1 single word can screw you and that is soooo true! So don't say dick!

Refusal to answer Leo questions or submit to test in a cordial manner is not anti-Leo or cop hating. It's your constitutional right and they are swore to protect those rights just the same as they are sworn to enforce any other law or right. Good cops know this and will never hassle you once you envoke your rights politely.
Always be polite to a cop even if they are rude. Your not gonna win the with the macho routine plus it's just bad manners.

 

[GodFearinGunTotin]

 

[MikeDVB]

@ mikeDVB

Yea you can refuse a field sobriety test and also a portable breath test. At that point they either need to arrest you or let you go. If they arrest you then they better have enough probable cause to believe your drunk because someone's gonna have some 'splainin to do if they take you to the hospital or station (and you test 0) and do a blood draw or the mandatory breath test which if you refuse those your gonna lose your license and they will just get a warrant anyways or whatever they call it. I don't drink so if I'm ever in that situation go ahead and take me in boys because ill get a lawyer and buy some new toys with my payday. Fortunately most cops are honest and don't lie, but why take the chance of getting one that will?
Anyone who submits to roadside questioning or test is not wise an that's advice from many lawyers (not just me saying it. I'm no lawyer, but I will listen to them). Anything you say to a police officer can be used AGAINST you in court but actually legally CANNOT be used to help you. There is a very good video on YouTube of a law professor telling this advice and more and then a police detective with over 20 years then goes next and verifies everything the lawyer said is true.
Like scutter said above ... Just 1 single word can screw you and that is soooo true! So don't say dick!

Refusal to answer Leo questions or submit to test in a cordial manner is not anti-Leo or cop hating. It's your constitutional right and they are swore to protect those rights just the same as they are sworn to enforce any other law or right. Good cops know this and will never hassle you once you envoke your rights politely.
Always be polite to a cop even if they are rude. Your not gonna win the with the macho routine plus it's just bad manners.

Thank you for the particulars on the road-side sobriety testing. That said, I rarely ever drink and when I do I don't drive so this would only ever be a concern if I ran into an officer that was 'sure' I was drinking [when I had not].

 

[Denny347]

For clarification on refusing sobriety checks: do you lose your license for a year if you fail to submit to breathalyzer but not field sobriety? I didn't realize the latter was "refusable". Are there ramifications to that?

When we have patients brought in for a blood draw to the ED our first goal is to get them out of there so the police aren't wasting their time babysitting a drunk guy. I don't recall them ever bringing someone in that wasn't clearly intoxicated on something, whether alcohol or drugs. They are generally there under 30 minutes and never get a result before they leave. Typically police will leave with the vial and run it through their chain of custody rather than ours.

Indiana implied consent states that, "I have PC to believe you have operated a motor vehicle while intoxicated and must now offer you the opportunity to submit to a certifed chemical test and your refusal to submit to that chemical test will result in your driving priviledges being suspended for one year. If you have a prior DUI conviction your license will be suspended for 2 years. Will you submit to a test?"
PC does not HAVE to come from the SFST's. Those are the BEST foundations for PC but not the only.

 

[MikeDVB]

Indiana implied consent states that, "I have PC to believe you have operated a motor vehicle while intoxicated and must now offer you the opportunity to submit to a certifed chemical test and your refusal to submit to that chemical test will result in your driving priviledges being suspended for one year. If you have a prior DUI conviction your license will be suspended for 2 years. Will you submit to a test?"
PC does not HAVE to come from the SFST's. Those are the BEST foundations for PC but not the only.

Mentioned chemical test is a blood draw, no?

 

[Denny347]

Trooper Davis then went to meet my wife where she was waiting for her keys. Its hard to explain but my wife had a large key chain with keys for work, home, storage and some additional odds and ends. Trooper Davis for whatever reason gave her keys back to her in a loose pile where he had broken every single key ring on the chain. I mean literally it was demented bizarre. It is a perfect example of the type of individual I was dealing with.

Really? I mean have you ever tried bending a key? You can't just bend keys with your bare hands. That is a ton of time and effort to do that.

 

[Cemetery-man]

I maintain a very polite and submissive attitude as I just wanted to go home and have learned my lesson about being rude to cops regardless of their own attitude.

OP. Could you explain this? Do you have a past history of being rude to LE during traffic stops? It just seems odd that you would include that in your original post.

 

[forgop]

What gives you the right to flick your cigarettes out the window anyway? I would have pulled you over as well. As far as your suspended license, that's your fault.

 

[actaeon277]

Really? I mean have you ever tried bending a key? You can't just bend keys with your bare hands. That is a ton of time and effort to do that.

Key Ring. Not Key.

Key rings are easy to bend.
But they don't bend back so good.

 

[Denny347]

Mentioned chemical test is a blood draw, no?

Certified chemical tests can be breath, blood, urine. No one uses urine anymore.

 

[Denny347]

Key Ring. Not Key.

Key rings are easy to bend.
But they don't bend back so good.

Ahhh, THAT sounds more logical.