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 Post subject: Re: Pulled Over by a Florida State Trooper Today..
 Post Posted: Mon 03 Sep 2012 15:30 
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Joined: Thu 16 Dec 2010 10:07
Posts: 1033
Location: Miami, FL
FRN Agency ID #: 3828
Experience: More than 10 years
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TRAPteam

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My only question would be, is it worth it? Does the benefits that the vehicle provides outweigh the aggravation of being pulled over repeatedly? Only you can answer that.


Well to answer the Questions Dominic,

Yes, It is worth it in my opinion...

Getting Stopped by the same Trooper twice within 30 days because the Trooper had a stick up his *** and had no education as to what was legal or not legal. He now knows. ( The Trooper even told me at the first stop after handing me back my ID to send me on my way "You know you can make arrests in FLORIDA?" Look how nice that Trooper was to inform me that I can effect arrests!! because as you know Dominic .. It is printed on the Bottom Front of our State issued ID Cards.. so I guess the Trooper Can Read at least)

As for the 3rd "STOP" I was NOT DRIVING the Vehicle, it was "Parked Illegally" and some Sgt not even at the scene originally "Stirred the Crap up" and my "SHIRT" brought the aggravation from Law Enforcement that day. (Will I wear that shirt again? Maybe, but not while I am driving that car or working in Bail Mode to avoid another 3 hour possible delay, I do own and drive other vehicles besides the Crown Vic, which in 2 weeks will be commercially registered and insured to the Company and will tell the Officer in the future if they run the tag who it belongs to before they even decide to stop it if they choose too and know it is a Bail Bond vehicle.

Since August 2009 I have owned this vehicle, I have been stopped a Total of 3 Times in 3 Years if you "Average" it out that is 1 time a year. I think most average people that drive everyday get stopped a lot more in Miami during three years even for a Warning and Admonish while driving. (Weather it be Speeding or some other traffic violation where the cop says here is a verbal warning, be on your way).

I don't know about your areas up North in FL .. but I am sure, it is not a war zone / high crime area like here in Miami, with the Pork and Bean Projects, Overtown, Allapatah, Brownsville, Little Hatti & Miami Gardens (Where some person or groups of people are shot like clockwork in Drive By's with AK-47 Rifles in the last 2 underlined areas I mentioned. It is a war zone there. Car Jacking's so many times its not even reported on TV, due to it being a common event, even shootings sometimes dont even get on the news here in Miami, as there are too many shootings in one night to report for the 30 minutes allotted for news) In Miami, Bail Bonds, I do believe and know for a FACT, that every MAIN PICK UP GUY (Bondsman) that go out an effect arrests for their respective companies all Drive Crown Vics & Chargers. Sometimes when we get together to help one another out here for a possible dangerous pickup and all roll up to hit a house we have more Crown Vics at the scene than the Local Police do. Some of the Officers at the scene seem to be Jealous as our cars just like theirs are Hooked up pretty sweetly since they're our "Mobile" office. Not 1 Officer at ANY PICK UP / ARREST scene since I have been doing Bail Bonds ( I have made Many arrests.. I do not know how many as I don't count..even when I was a cop I do not know the exact #.) has EVER ASKED OR QUESTIONED mine or any other bondsman's Crown Vic when these Officer's and Supervisors arrived on scenes at houses we are hitting.. Using Fords CV's have more of a psychological factor on the people we are interacting with and make them come forthright with info. If I rolled up in a Volkswagen Jetta and asked a question to a neighbor in front of the target house he would most likely tell me to go "F" myself and walk in his house..or just ignore me.. it makes our job here in Miami easier.. if I worked in a different part of FL in some "EAST CUPCAKE" area where the biggest crime of the year is shoplifting then maybe I wouldn't need a Crown Victoria..? I dont live there so I guess I will never know what vehicle I would possess for Bail...?

As for PI work .. I do own 3 other vehicles, any one of which would blend into any neighborhood for the PI situation needed.

*********************************************************************************************************

Now you go on to Quote "Florida Statutes, Chapter 848.085 (2)"

Quote:
And although you would probably beat it in court, one could argue that the vehicle violates Florida Statutes, Chapter 848.085 (2), which states:

(2) To own or operate a motor vehicle marked or identified in any manner or combination by the word or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Marine Patrol Officer,” “marshal,” “constable,” or “bailiff,” or by any lettering, marking, or insignia, or colorable imitation thereof, including, but not limited to, stars, badges, or shields, officially used to identify the vehicle as a federal, state, county, or municipal law enforcement vehicle or a vehicle used by a criminal justice agency as now or hereafter defined in s. 943.045, which could deceive a reasonable person into believing that such vehicle is authorized by any of the agencies described above for use by the person operating the motor vehicle, unless such vehicle is owned or operated by the appropriate agency and its use is authorized by such agency, or the local law enforcement agency authorizes the use of such vehicle or unless the person is appointed by the Governor pursuant to chapter 354.

I agree that no singular item on your vehicle is illegal, however, the totality of items on your vehicle may "deceive a reasonable person into believing that such vehicle" is an authorized law enforcement vehicle. I'm not sure if you use the vehicle for surveillance at all, but I would imagine that if you did, it would be very difficult to drive through high crime areas, without having "street vendors" running in every direction. I ran into that problem when I had my Dodge Charger, even though it was a civilian model, and had no lights or front plate attached.

Just my two cents.


Dominic, I do believe you misread and did not understand this section 848.085 (2).

You highlighted " marking, or insignia " = I HAVE NO "MAKINGS OR INSIGNIAs"...

You highlighted " which could deceive a reasonable person into believing that such vehicle is authorized by any of the agencies described above " = This Statute pertains to vehicles that are "MARKED" or that have "INSIGNIAS" such as Decals depicting Police or Law Enforcement Emblems (Patches or Badges) or "Vehicle Striping / Decal Designs". It says nothing in regards to Lighting "INSIDE the Vehicle" although there is a FLORIDA STATUTE that says what is legal and illegal as to what Color of Lights a vehicle may display "WHILE IN OPERATION and UPON A PUBLIC HIGHWAY" in Florida, now I will repeat as to save you time re-reading all my posts in this thread.. that at NO TIME during the first two stops were my my EMERGENCY LIGHTS "ACTIVATED" since they were not even wired to a power source. The 3rd Time by the Hospital, the Lights inside my vehicle WERE NOT ACTIVATED as the vehicle was although, Parked illegally, and not in any violation of anything else.

Just FYI in FLORIDA:

Having a ROOF RACK LIGHT BAR on the ROOF of your Unmarked CROWN VICTORIA driving on a public Florida Roadway under Florida State Statutes Section 316.2397 (Certain lights prohibited; exceptions.) is irrelevant as the lights are not "ACTIVATED" displaying ANY Color. Will a cop get all pissy if you have a Light Bar on your Roof ? Possibly, but too bad too sad.. IT IS NOT ILLEGAL. As long as the Emergency Lights are not on and if they are and ONLY Display Yellow / White it is 100% Legal (Even Green Lights are Legal for me as I am a Manager of a FL Security Company) .. any person can have ANY KIND or ANY AMOUNTS of lights on or in their car in FLORIDA.. you can possess lights and place them over every inch of every window of your vehicle as to not impede your vision of the road and it can light up on PRIVATE PROPERTY like a UFO landing in Area 51 .. as long as you are not displaying and "activating" these lights on a Public Roadway / Highway, in FL, I once again repeat are LEGAL and not one thing can be be cited by the Police.

Now for argument sakes... lets say an Unmarked Crown Vic or Any Vehicle Model for this Matter has Emergency Lighting Installed in it and the LIGHTS ARE BLUE when Activated... = IF an Officer Stops this vehicle and tells the Operator to TURN ON the lights and the Operator Does Activate them and they Display Blue.. Then this guy is going to get jammed up. BUT ! If the Operator refuses to activate the lights knowing very well they are blue there is Legally NOTHING THE OFFICER can Do Legally since the lights were NEVER ACTIVATED. The Florida Statutes State the DISPLAY OF EMERGENCY LIGHTS which means ACTIVATED ... Not cause the vehicle "Looks Like it Has Lights of unknown color" ...

_________________
JEFF P.
Limited Surety Agent (FL) - License # P_2O8124_
Private Investigator (FL) - License # C_27OOO33_
NABBI Member



"Surprise Sex is the Best Thing to Wake up to, UNLESS, You are in Jail... "


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 Post subject: Re: Pulled Over by a Florida State Trooper Today..
 Post Posted: Mon 03 Sep 2012 18:36 
 
Jeff,

Right on. As I said just my two cents, and I am no lawyer.

I was merely pointing out that in its totality, the vehicle itself may become an insignia "which could deceive a reasonable person into believing that such vehicle" is an authorized law enforcement vehicle.

Websters defines insignia as "a distinguishing mark or sign".

One could argue that the Thin Blue Line vanity plate, lights (whether blue or not, activated, or not) vehicle type, transport cage, and laptop, give the impression that you are law enforcement to the untrained person. As I said, you would probably beat it, but nonetheless, it would be a pain in the arse.

I think that you have handled yourself well in these encounters, and I do not personally believe that anything you are doing is illegal. Again, I am not a lawyer or police officer.

And if it works for you, then I say exercise your rights!

I got rid of my Charger because every time I drove into high crime areas people would scatter all over the place. Now I have a truck, and it seems to cause less of a disturbance. Anyhow, thanks for the reply.


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