is this legal here?

RandallNYC said:

I don't post often. Because I don't know much. I mostly read here on this forum. But I do happen to know about this particular topic. I'm 100% sure on this one.

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100% right. I am also in the legal profession. I didnt just make this up out of thin air. I dont say things I assume, or guess, or watch on moronic YouTube, or pointless conjecture.

Are you guys Practicing Lawyers or just in the legal profession such as paralegals, court clerks, police officers etc?

ScrapperX said:

Are you guys Practicing Lawyers or just in the legal profession such as paralegals, court clerks, police officers etc?

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I stayed at a Holiday Inn last night. And somebody left a LexisNexis account open in the business center. It was wonderful.

Best thing is to assume they will take it, legally or not. And it'll be up to your lawyer to prove it was illegally seized and get the evidence tossed.

So don't record yourself doing something stupid... Or use a GoPro with wifi capabilities and wipe the sd card under the pretense of calling someone

RandallNYC said:

I don't post often. Because I don't know much. I mostly read here on this forum. But I do happen to know about this particular topic. I'm 100% sure on this one.

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Stand by what I said. All Mark has received is amateur hour opinion. Each area has its own laws and what is lawful in one state or town may or may not be lawful in another area.

Its why the court system even exists so each case can be judged by the facts of each particular matter and the laws applicable.

You may be right randalnyc it may or may not be legal to do whatever it is you are saying in the area you live. Maybe you have some formal training or you are a criminal lawyer or a cop who actually knows his stuff.

My point however is you cannot provide a general answer to the OP question. Period. Anyone who thinks so is just ignorant of facts.

ScrapperX said:

Are you guys Practicing Lawyers or just in the legal profession such as paralegals, court clerks, police officers etc?

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Probably property conveyancing. Wannabe CSI or wannabe Perry Mason.

NOLA said:

Mark, you have no idea what you are talking about, maybe stay out of legal discussions if you don't have the background. Stick to complaining about Ducati's

Yes, they can take it if it was used the commission of the crime (reckless driving, speeding etc) and its right there. If they have to perform a search somewhere else for it, its usually going to need a signed warrant.

So if they enter a house on a stabbing suspect, do they need to go get a warrant to take the knife Mark ?

Example. Loud noise complaint in a backyard. ..... is playing loud music at a party over large concert hall speakers. Cops arrive, tell him to knock it off, he does, but then turns it back up. They return, cite him for the disturbing the peace (with a victim), or noise ordinance (with the city as the victim) and then the officer takes the speaker or amplifier, or both, just to stop a third trip. No "warrant" needed. It was an essential element of the crime and on the scene that was being worked.

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i dont know thats why i am asking. i dont think traffic violations are a crime or never thought they were. so if i run a red light i have commited a crime and anything i have in my car is subject to seizure? my original comment is a question sorry about that

ScrapperX said:

Here is where a student owns a cop. Who else can get away with this except for someone who knows the law? Know your rights.

Cops owned by law student! - YouTube

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absolutely beautiful. Guy knew what he needed to know.

ScrapperX said:

Are you guys Practicing Lawyers or just in the legal profession such as paralegals, court clerks, police officers etc?

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bradp51 said:

Probably property conveyancing. Wannabe CSI or wannabe Perry Mason.

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11 year NYPD veteran. But what do I know?

I'm brand new here and just came across this thread… Wow. That is what first comes to mind when I read how people think. There is A LOT of bad advice as to what your rights are and such. So many people think they know the law when they don't. There is a term called, "Street Lawyer" for those people.

Everything has been answered correctly here already. There are variations from state to state but in general, the 4th amendment covers Searches & Seizures.

A cop can ask for your consent to search your camera and/or phone. You can say NO to this. If you are arrested, the police can seize your camera and/or phone to be booked as evidence. (In CA, a warrant will be obtained to then legally search the contents if the owner denies consent.)

If you are going to record yourself performing illegal activities, expect this to happen.

Now… Here is what most people don't think about. ATTITUDE dictates EVERYTHING about a stop. 9 times out of 10, the police officer knows if he is going to issue a citation or hand out a warning BEFORE he makes contact with the driver. If you're gonna get a ticket, you're gonna get it. Man up, shut up, and take it. Act like a ..., you're asking for more trouble. Be polite & courteous. If the cop asks a question, answer it… Even if the answer is "I am respectfully not going to answer the question"

Cops are people too… The nicer the person is, the "harder" it is to dish out a ticket. Some cops will even try to reduce the violation (Say take of a few MPH off to help reduce the fine) The people who are mean and disrespectful… The cop has no problem tacking on other violations that may be present.

And for those that will be asking… 8 years CA law enforcement - And currently riding a Honda ST1300 Police Motorcycle.

Oh, and hi all, newbie here!

Staymates788 said:

Now"¦ Here is what most people don't think about. ATTITUDE dictates EVERYTHING about a stop. 9 times out of 10, the police officer knows if he is going to issue a citation or hand out a warning BEFORE he makes contact with the driver. If you're gonna get a ticket, you're gonna get it. Man up, shut up, and take it. Act like a ..., you're asking for more trouble. Be polite & courteous. If the cop asks a question, answer it"¦ Even if the answer is "I am respectfully not going to answer the question"

Cops are people too"¦ The nicer the person is, the "harder" it is to dish out a ticket. Some cops will even try to reduce the violation (Say take of a few MPH off to help reduce the fine) The people who are mean and disrespectful"¦ The cop has no problem tacking on other violations that may be present.

And for those that will be asking"¦ 8 years CA law enforcement

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Why do LE officers wants respect when they respect no one? He is an example of an LE just wanting us to "Man up, shut up and take it" and "Be polite & courteous. If the cop asks a question, answer it"¦ Even if the answer is "I am "respectfully" not going to answer the question" cause if you don't he will tack on other violations.

Really? 8 years in LE and you still don't have a clue.

ScrapperX said:

Why do LE officers wants respect when they respect no one? He is an example of an LE just wanting us to "Man up, shut up and take it" and "Be polite & courteous. If the cop asks a question, answer it"¦ Even if the answer is "I am "respectfully" not going to answer the question" cause if you don't he will tack on other violations.

Really? 8 years in LE and you still don't have a clue.

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Think he has a pretty good clue. If someone goes to a McDonalds every day and acts like a .... isn't it reasonable to expect they're gonna get a saliva burger eventually? Do you piss off your plumber, electrician or general contractor before they hand you the bill? Hell no.

Like I said, assume the camera will get seized legally or not and let your lawyer work to get the evidence tossed. Or use a wifi capable camera and delete the files from your phone while "making a phone call". And yes, I know that is an actual crime (destruction of evidence). But the burden of proof would be on the prosecution which would involve more man hours and department funds to justify most cases

Kuroshio said:

Think he has a pretty good clue. If someone goes to a McDonalds every day and acts like a .... isn't it reasonable to expect they're gonna get a saliva burger eventually? Do you piss off your plumber, electrician or general contractor before they hand you the bill? Hell no.

Like I said, assume the camera will get seized legally or not and let your lawyer work to get the evidence tossed. Or use a wifi capable camera and delete the files from your phone while "making a phone call". And yes, I know that is an actual crime (destruction of evidence). But the burden of proof would be on the prosecution which would involve more man hours and department funds to justify most cases

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But McDonald's employees have never told me to shut up and take whatever they want to serve me........ Just sayin'

I agree on being calm and pleasant when interacting with LEO's though.

interesting video: Viral drag racing video costs cop his job - CNN.com Video

ScrapperX said:

Why do LE officers wants respect when they respect no one? He is an example of an LE just wanting us to "Man up, shut up and take it" and "Be polite & courteous. If the cop asks a question, answer it"¦ Even if the answer is "I am "respectfully" not going to answer the question" cause if you don't he will tack on other violations.

Really? 8 years in LE and you still don't have a clue.

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Whats the clue part he is missing...A little more details on that our California liberal poster?

Staymates788 said:

I'm brand new here and just came across this thread"¦

Now"¦ Here is what most people don't think about. ATTITUDE dictates EVERYTHING about a stop. 9 times out of 10, the police officer knows if he is going to issue a citation or hand out a warning BEFORE he makes contact with the driver. If you're gonna get a ticket, you're gonna get it. Man up, shut up, and take it. Act like a ..., you're asking for more trouble. Be polite & courteous. If the cop asks a question, answer it"¦ Even if the answer is "I am respectfully not going to answer the question"

Cops are people too"¦ The nicer the person is, the "harder" it is to dish out a ticket. Some cops will even try to reduce the violation (Say take of a few MPH off to help reduce the fine) The people who are mean and disrespectful"¦ The cop has no problem tacking on other violations that may be present.

And for those that will be asking"¦ 8 years CA law enforcement - And currently riding a Honda ST1300 Police Motorcycle.

Oh, and hi all, newbie here!

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Firstly welcome to the forum..

Secondly I totally agree that attitude determines a lot...but my frustration is that despite how polite courteous and forthcoming I am I still get the ticket for what I was doing...no break... that's a little disheartening...

Stw said:

Firstly welcome to the forum..

Secondly I totally agree that attitude determines a lot...but my frustration is that despite how polite courteous and forthcoming I am I still get the ticket for what I was doing...no break... that's a little disheartening...

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So if you KNEW beforehand that you were getting the ticket, despite your nice attitude, you would be a .... ? For getting what you rightfully deserve for breaking the law ?

Thats the way to man up and take responsibility for your actions.

NOLA said:

So if you KNEW beforehand that you were getting the ticket, despite your nice attitude, you would be a .... ? For getting what you rightfully deserve for breaking the law ?

Thats the way to man up and take responsibility for your actions.

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Never..... whats the point of that?? I just wish one day I got a break...lol

Stw said:

Never..... whats the point of that?? I just wish one day I got a break...lol

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