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New Hampshire Underground => General Discussion => Topic started by: Mike Barskey on August 26, 2009, 01:03 PM NHFT

Title: Mike Barskey pulled over 8/25/09
Post by: Mike Barskey on August 26, 2009, 01:03 PM NHFT
I apologize for the numerous Porc411 calls last night. A cop pulled me over (in Amherst! What a surprise!) and I was having phone problems. In fact, I didn't record my interaction with the cop, which I thought I was doing. As an aside, I think the Porc411 system is configured again to disconnect after a few seconds of silence. If that's not intentional, Error, you might want to check it.

So I was driving home from Keene last night and passing through Amherst at about midnight, I think, when I saw the fourth cop I had seen that night. He was parked along 101 waiting to demand money from people driving at a certain speed. I waited until I got around the bend so the cop couldn't see my car any more, and then I saw 2 cars driving in the opposite direction, so I turned my lights off and on to warn them there was a cop ahead. The first car passed me and then I noticed the 2nd car was a cop (yup, the 5th cop I encountered last night). The cop turned right, and I noticed he hesitated in the intersection, but I kept driving and didn't see him turn around or anything.

A minute later a car came up behind me and I could tell from the headlights and the tailgating that it was a cop. I told the person I was on the phone with that I was about to be pulled over, so I hung up with them and when the cops turned on their blue lights I called Porc411 and pulled over.

The cop came to my window, rolled down about 2 inches, and a 2nd cop (from the same cop car) stood on the passenger side of my car looking in the windows and remained silent the entire time. The first cop saw my phone in my hand and asked if I was recording him. I said, "yes." He said it was illegal without his permission and that he did not give me permission and told me to turn it off. I said that he was in a public place and was a public servant so I didn't think it was illegal to record him. I didn't turn the recording off or make any indication that I was going to (but alas, it wasn't recording anyway :( ), but the cop continued on - maybe he assumed I had obeyed.

He told me he pulled me over for having turned off my lights while driving on the highway at night. I gave him my license and registration when he asked, and the cops spent about 10 minutes in their car. I was sure they were writing me a ticket, but he returned and said he was only giving me a warning. He then said something like, "I wrote down the law stating that it's illegal to record me, in case you don't believe me, but you're familiar with the laws."

I said, "Why do you think I'm familiar with your laws."

He said, "Because we've arrested you 2 times."

I said, "And that makes me familiar with your laws?" (by the way, I've only ever been arrested once, so I don't know what he was talking about)

He ignored my question and said, "Do you have any questions?"

I said, "No" and the cops left.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Fluff and Stuff on August 26, 2009, 01:12 PM NHFT
I've never heard or experienced anyone turning off there lights to warn someone about a cop.  Try flashing your brights next time.  If you still get a warning for that, you could always turn on your emergence flashers. 
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Russell Kanning on August 26, 2009, 01:16 PM NHFT
maybe they are figuring out that you are not respecting their authoritah

very cool .... i guess we gotta get you someone to ride shotgun who can work the phones for you

way to totally barskey the 2 cops

the light thing is very common here in NH ... and anywhere i have lived in this police state of america
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Mike Barskey on August 26, 2009, 01:17 PM NHFT
I'm not opposed to someone flashing their brights to try to warn of cops, but since I started driving in 1987, it's been "common" knowledge that turning your lights off and on signaled that there was a cop ahead. It might be a regional thing, though. I do know that flashing your brights commonly signals that the oncoming car has their own brights on and that you want them to switch back to normal headlights, but if an oncoming car did not have their brights on, they may figure out that you're trying to tell them about a cop.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Russell Kanning on August 26, 2009, 01:28 PM NHFT
maybe you were checking to see if your lights were really on
Title: Re: Mike Barskey pulled over 8/25/09
Post by: grolled on August 26, 2009, 01:56 PM NHFT
Quote from: Mike Barskey on August 26, 2009, 01:03 PM NHFT
He then said something like, "I wrote down the law stating that it's illegal to record me, in case you don't believe me, but you're familiar with the laws."


So, what law did he write down? His own?
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Becky Thatcher on August 26, 2009, 02:12 PM NHFT
Quote from: Mike Barskey on August 26, 2009, 01:17 PM NHFT
I'm not opposed to someone flashing their brights to try to warn of cops, but since I started driving in 1987, it's been "common" knowledge that turning your lights off and on signaled that there was a cop ahead. It might be a regional thing, though. I do know that flashing your brights commonly signals that the oncoming car has their own brights on and that you want them to switch back to normal headlights, but if an oncoming car did not have their brights on, they may figure out that you're trying to tell them about a cop.

I've always "heard" that multiple flashes with the high beams is the signal for cops ahead, and a single flash with the high beams is the signal for "turn your f**king high beams off, jackass".  ;D

Turning your lights off and on is the way truckers say thanks when you flash your high beams at them once to let them know they can get in front of you.

Sorry you got pulled over...again.  Glad you didn't get a ticket this time.  You need to get that magnet off your car!!!  ;D
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Mike Barskey on August 26, 2009, 02:14 PM NHFT
Quote from: Becky Thatcher on August 26, 2009, 02:12 PM NHFT
Turning your lights off and on is the way truckers say thanks when you flash your high beams at them once to let them know they can get in front of you.

Ah, yes, that's true, too. I've used it to signal that it's OK for trucks to pull in front of me or to thank them for allow me to pass or whatever.

I guess there is no universal signal. No biggie.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Mike Barskey on August 26, 2009, 02:27 PM NHFT
The cop wrote on the back of my registration "570-A:1 I. (a)"

Also, I forgot to mention that the cop asked me "Where are you headed to tonight?" And I told him, "That's my personal business." A couple minutes later he asked again in different words, and I replied the same.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Pat McCotter on August 26, 2009, 03:08 PM NHFT
Quote from: Mike Barskey on August 26, 2009, 02:27 PM NHFT
The cop wrote on the back of my registration "570-A:1 I. (a)"

Also, I forgot to mention that the cop asked me "Where are you headed to tonight?" And I told him, "That's my personal business." A couple minutes later he asked again in different words, and I replied the same.

Well, he got it wrong. There isn't a I.(a). There is a IV.(a), though.
http://www.gencourt.state.nh.us/RSA/html/LVIII/570-A/570-A-1.htm (http://www.gencourt.state.nh.us/RSA/html/LVIII/570-A/570-A-1.htm)
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Mike Barskey on August 26, 2009, 03:12 PM NHFT
How stupid. The law he wrote down is just a list of definitions for other laws. I guess he thought I was breaking the law by defining a word differently than lawyers. :)
Title: Re: Mike Barskey pulled over 8/25/09
Post by: K. Darien Freeheart on August 26, 2009, 03:49 PM NHFT
I've seen both blinking and flashing high beams as "Speed Trap" warnings. I've always assumed the difference is a result of the vehicle, on the Malibu, pulling the lever inwards causes the lights to go off, then on, then high beam. It's so quick you see a "flash" and that's it, but at least in that car, flashing high beams DOES blink the lights.

I flash truckers to let them know to get over, They blink back.

When a trucker flashes me, I give him one "blink" of the 4-way flasher.

In Virginia, it's a felony to throw ice into a moving vehicle.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Silent_Bob on August 26, 2009, 04:54 PM NHFT


Cell phones are excepted from the law as "devices"

"IV. ""Electronic, mechanical, or other device'' means any device or apparatus which can be used to intercept a telecommunication or oral communication other than:
       (a) Any telephone or telegraph instrument, equipment, facility or any component thereof:"

One could claim the cop is violating RSA 570-A:2 by listening to the private conversation which is being conducted on the cell phone.

"III. ""Intercept'' means the aural or other acquisition of,"

One could inform the cop he is being recorded then it would not be an "oral communication" as defined.

II. ""Oral communication'' means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation

If you tell the cop he is being recorded or that you are listening to him, he no longer has the "expectation that such communication is not subject to interception under circumstances justifying such expectation"
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Raineyrocks on August 26, 2009, 04:58 PM NHFT
I never understood the whole. light blinking thing and I still don't think I do.   I quickly flash my lights once to oncoming traffic it there is a cop up ahead of them and they look at me strangely. :dontknow:

When I was 19, I drove from Philly to Connecticut and I was going 55 in the middle lane of I-95, unaware that there is a "slow" lane so all of these cars were doing all kinds of head light things to me.   I was having a good time, listening to my tunes, enjoying some  :weed:  and then my buzz was getting ruined from this anger I started feeling from these cars/trucks doing the "light" thing so I pulled over and just started crying.

My dad explained the way it works regarding which lane I should be in at 55 mph so that I'd make it back to Philly alive.  :P

Title: Re: Mike Barskey pulled over 8/25/09
Post by: Lloyd Danforth on August 26, 2009, 05:02 PM NHFT
Quote from: Mike Barskey on August 26, 2009, 02:14 PM NHFT
Ah, yes, that's true, too. I've used it to signal that it's OK for trucks to pull in front of me or to thank them for allow me to pass or whatever.

I was taught this too and try to remember to do it.  Sometimes I'm not sure the truck drivers are all aware of it, though.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Coconut on August 26, 2009, 05:07 PM NHFT
Quote from: Silent_Bob on August 26, 2009, 04:54 PM NHFT
If you tell the cop he is being recorded or that you are listening to him, he no longer has the "expectation that such communication is not subject to interception under circumstances justifying such expectation"

THIS!

I've explained this over and over again, and will unfortunately have to continue to do so. Police use this law as a threat to people audio recording them with handheld devices, etc. IT'S NEVER GONE TO COURT. Why? Because if they lose, they lose the threat.

And they would lose.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Mike Barskey on August 26, 2009, 05:13 PM NHFT
I'm not denying the idea behind your argument, but I don't have the faith that you apparently do that the "justice" system works. I have some first-hand and tons of second-hand experience that has shown me that judges (and cops) interpret the law how they want and there is nothing done about it, no accountability. "We find the cop was acting according to protocol" and "the oversight committee finds the judge was acting within reason," etc.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Coconut on August 26, 2009, 05:16 PM NHFT
Quote from: Mike Barskey on August 26, 2009, 05:13 PM NHFT
I'm not denying the idea behind your argument, but I don't have the faith that you apparently do that the "justice" system works. I have some first-hand and tons of second-hand experience that has shown me that judges (and cops) interpret the law how they want and there is nothing done about it, no accountability. "We find the cop was acting according to protocol" and "the oversight committee finds the judge was acting within reason," etc.

No matter what you believe, it didn't stop you from continuing to record. That's what matters, is calling their bluff, because it's almost always a bluff when they tell you "That's illegal to record me!"
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Russell Kanning on August 27, 2009, 08:59 AM NHFT
Quote from: Lloyd Danforth on August 26, 2009, 05:02 PM NHFT
Quote from: Mike Barskey on August 26, 2009, 02:14 PM NHFT
Ah, yes, that's true, too. I've used it to signal that it's OK for trucks to pull in front of me or to thank them for allow me to pass or whatever.
I was taught this too and try to remember to do it.  Sometimes I'm not sure the truck drivers are all aware of it, though.
All truckers use this between themselves, some with cars. I was taught and practiced the habit of not trusting light signals from 4 wheelers.
Truckers will give a 2 blink thank you to others. Supertruckers have a special switch that only blinks the back lights for the thank you.

I think I will use the multiple high-beam signal for cops in the future.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Fluff and Stuff on August 27, 2009, 09:13 AM NHFT
Quote from: Russell Kanning on August 27, 2009, 08:59 AM NHFT
I think I will use the multiple high-beam signal for cops in the future.

Excellent.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: Lloyd Danforth on August 27, 2009, 09:16 AM NHFT
Yeah!  Sometimes I get the blink back from the truckers!
Title: Re: Mike Barskey pulled over 8/25/09
Post by: dalebert on August 27, 2009, 10:28 AM NHFT
You need to do a sweep of your car. I think they have a tracking device on it somewhere.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: cathleeninnh on August 27, 2009, 11:05 AM NHFT
The tracking device is the thumbprint he left on the rear.
Title: Re: Mike Barskey pulled over 8/25/09
Post by: grasshopper on August 27, 2009, 11:15 AM NHFT
  Ya know, it seems to Me, that if there is an armed man/gang with a fast car stopping people for free money, it is illegal.  They used to call them "highway men".
   I feel that it is totally legal to record for public record the armed confrontation between citizens.
   If everybody in NH is a member of the "unorganised malitia" under NH law, this billcrap no recording law is tripe.  We should all record everything for "prostarity".