Legal Corner

Interesting encounter with LE
pwilley 59 Reviews 9710 reads
posted

Thought I'd share something that happened to me a few months back.  I had completed a report for my out of town boss.  He asked me to deliver it to some folks who were visiting my area so that they could bring it back to him when they returned home.

I went to their hotel and waiting in the parking lot for them to arrive.  After about ten minutes, two police cars blocked me in and approached me.  One asked to see my license and hotel key.  I told him I had a license but no hotel key.  He asked me what I was doing loitering around the parking lot.  I exited my vehicle being careful to keep my hands in plain view since I didn't want to provoke them.

I explained my story but was interrupted by the officer who asked if I was there to meet up with some prostitute.  He asked who I was there to see and I reached in the car to retrieve my notes with their name etc... but the officer stopped me and said not to reach into the car.  He then did a check on my license and of course found no outstanding issues etc...

He then asked if I would voluntarily give permission for him to search my vehicle for guns and knives.  My mind raced since I have heard horror stories of planted evidence etc... I possess a concealed weapons permit and was tempted to refuse and show him my gun permit.  But, since I knew I didn't have any weapons, drugs, computers, etc... in the car, I decided to let him search.  He spend a very long time going through the car while the other officer continued to casually question me about why I was there.

Finally, the search was finished, the officer handed me back my license and suggested that I leave the area and go to a coffee shop until I was sure the people I was there to meet were present.  The officer also said he hoped I understand their concern and apologized for the inconvenience.  As I entered my car, the office smiled and shouted that I should be careful not to spend all my money at the coffee shop.

So all that, to simply say that I have seen many posts here where folks say, never ever talk to LE etc....  In this case, I feel that I did the right thing because if I had refused the search, I am certain that he would have arrested me for loitering and then did the search anyway..

Cheers

I will keep this in mind the next time I need to wait to go to an appointment.  This is good information.

I think the advice of not talking to police involves being at a location planning (or having) to commit a crime.  The problem is that you end up creating a lie which you may/will be caught in.

You were on innocent business, why not talk to get them to go away.

If you aren’t doing any thing  then why give them cause to be suspicious. What a lot of people don’t realize is LE deals with mostly scum bags  on a regular basis they don’t have friends out on  the streets. That’s  not what they are there for just think if you were on the other side of this. Cops  are killed some were every day  during innocent looking situations they don’t have time to play nice with you. 5 seconds of dropping there guard with you could mean death for them if you are non compliant.

Now with that said if you are engaged in a minor illegal situation comply by keeping your mouth shut. Let them know under no uncertain terms that you want a lawyer. Your lawyer can LIE better then you can so well in fact the state gave him a license to do it. Lol . I’m not a lawyer but I have heard it said in some stats a prosecutor can not prosecute you if the LE don’t have evidence. They can only get it if you give it.

So if your not doing any thing cooperate

If you are  Keep you trap shut. Just a thought.

shaka7005520 reads

Is not really a good idea. Although you were in your car initially it still attracted attention from cops.

I don't think the cops had probable cause to search your vehicle; you could have told them no. However, they could have then subsequently detained you and then get a search warrant.

I think the main point of your encounter with cops is not to wait around to long in or outside hotels.

-- Modified on 10/11/2008 12:05:13 PM

cuberat5330 reads

I agree with your main point, but not to take this too far off topic, if they didn't have probable cause for a search to begin with, why  would they be able to get a search warrant...just because he was sitting in the parking lot?

shaka7006524 reads

Probable cause is also very subjective.  

They can impound your car and then go to the judge and present a written affidavit that they suspect illegal activity or probable cause. After that they can carry out a search warrant to search your vehicle.  

My friend once got his car impounded by cops just for having tinted windows.

I still think they would need more than the fact you were waiting in your car in a hotel parking lot for a judge to issue a warrant.  
They can BS you and try to make you think its that easy. But if they don't have anything more than that, and you stand your ground the most they could do is ask you to leave.  

If the provider is not ready when you get to the hotel, don't sit around in your car waiting.

Go anywhere else (like a coffeeshop), or go inside the hotel even and use their coffeeshop.

Sitting in a parking lot just brings attention.

Don't be sitting innocently in your car near a hotel. (I often do this while waiting for my son to come out of his doctor's office.) If stopped and totally innocent, keep your hands in sight (I actually agree with this, no use in making officers nervous) and try to decide if you want your car to be searched or be detained and have it searched. Do we have to dress any special way? Should we have bumper stickers that say "Support your local police" and find out if the police are dems or GOP to be sure not to have any provocative signs on your car. I would also try not to be black if I could help it in certain towns.  Constitution be damned, sitting peacefully in your car is just too threatening  to the public safety (and I would guess SWB -sitting while black -is particularly so). You deserve whatever you get.

I think that what you say in this advice is quite funny considering I am black. I found myself laughing at this simply becasue it brings up very good points but in a tactful humoruous manner.

There was an article in a Boston area paper last year that chronicled the adventures of a board suburban police detective.  He was reading Craig's List, camping out in the parking lots of hotels in his city and watching for guys who looked like they were gong to see escorts... He would nail guys leaving that he had seen go into the hotel either thirty minutes or an hour earlier and try to coerce them into admitting that they had been with an escort working in that hotel. Sadly, guys fold when they are scared...even if there is absolutely no proof that they did anything wrong!

We can all thank the wonderful world of Craig's List and it's indiscreet providers and internet pimps for bringing this new danger down on hard working ladies and guys just trying to get laid.

I never wait in parking lots. I have had many encounters with LE and have never been busted. Meeting people in hotels is not a crime. If you are nervous in the presence of LE you will have a problem. I always act lost and if LE makes a surprise visit , I ask them for directions to the nearest gas station. Other times I try to ignore them. Acting annoyed and in a hurry works too. My car is always freshly detailed and if LE needs to search it , I tell them to be careful not to get it dirty.  I act as if LE exists to serve my needs and LE has no problem with it.

shudaknownbetter6550 reads

it may be suspicious as hell... but is no proof.  If you Shut up, they gotta let you walk.  If they don't ask for that lawyer.    

Hanging around in a parking lot...  loitering...  management (or mgt allerted by a guest), could call LE.  Might be waiting for a drug deal or a stickup.  
Arrive on time.  If, like me, you arrive early...  stop in a coffee shop until the time arrives.  Then move to the location.
Make the call from in your car, get out & go inside...  
skb

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