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Porcs illegally searched in Marlow, NH

Started by dalebert, October 12, 2008, 08:15 AM NHFT

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dalebert

NOTE: I split this topic off from the Grafton celebration so as not to derail the train of thought there. That was such a fun event and I hate to rain on it.

I was having a fantastic time all the way up to about half the ride home when I was enjoying a nap in the back seat only to be rudely wakened with "Dale! Your camera! Get your camera out!" and I realize we're being pulled over. Memory card was full.  >:( Details are in the porc 411.

Friday

Quote from: dalebert on October 12, 2008, 08:15 AM NHFT
I was having a fantastic time all the way up to about half the ride home when I was enjoying a nap in the back seat only to be rudely wakened with "Dale! Your camera! Get your camera out!" and I realize we're being pulled over. Memory card was full.  >:( Details are in the porc 411.
Unless I'm overlooking it, nobody posted that call.  What happened?

FTL_Ian

Argh!  Full camera and no cel signal.

MORE cameras (or audio recorders) would have solved this problem!  At least the gangster backed down when Tim asserted his rights.

Way to go!   8)

dalebert

Lumpy gave me a call about this Porc 411 and we had a nice chat. He attempted to look up the Marlow police station and the listing was outdated or something but he found this nice bit of information about the city and wanted to make it available to everyone.

http://www.nhhousehunter.com/Town%20of%20Marlow.htm

Lumpy

I called the town and got the answering machine.  I suggest you all take 5 minutes and make the call.  This is not just about Dale, this is about all of us.  Call me names, tell me what a jerk I am, but I'm telling you to take 5 minutes to call.  The officer's name is "Avery".  Leave a message.  mine was a message about how embarrassed they should be.  The cop should be embarrassed.  It was a fraud stop.  No cause of action, illegally detained, illegal search (no consent), told them not be be "roadside lawyers"...  where do they get off doing this crap?
It was a bunch of nonsense and there was no measurement of speed (he already had someone pulled over, no radar, no nothing) and told them he pulled them over for speeding.  What a load of crap!  I'm sorry, this on e hit my "pissed off" bone...

Marlow, NH
Community Contact    Town of Marlow
Jacqui Fay, Executive Administrator
PO Box 184, Town Office
Marlow, NH 03456-0184


Telephone    (603) 446-2245
Fax    (603) 446-3806
E-mail    townofmarlow@netryders.com
Web Site    www.marlow-nh.gov

Coconut

Quote from: Lumpy on October 12, 2008, 10:33 AM NHFT
E-mail    townofmarlow@netryders.com

Hey, looks like the town is customers of the business my dad used to own

Anyway, I called and left a similar message.

dalebert

It's true. Unfortunately, I wasn't able to figure out how to delete files quickly enough in my stupor from having been rudely awakened from my nap. There was lots of Bob Barr footage at Murphy's that I didn't care about. Once we were on our way again, Puke helped me figure it out. In better lighting it would have been simple. Puke finally saw the trash can icon that pointed to a certain button. I deleted the Barr footage once it was already too late. Then I called Porc 411 after the fact. Unfortunately no cell signal on any of our phones where we were stopped.

Puke

It was a Saturday night (Only about 940pm though.)
This cop had his SUV over the white line in the road a good foot and was standing next to the door of the car he had pulled over.

Tim did slow down and drove around the cop car that was in the lane of traffic. Nothing unsafe here.
So the cop pulls us over. He had be thinking he was certain to find weed or booze in a car with 4 young guys. (Dale looks young anyway.  :P )

The cop comes up and asks for license/reg and then has Tim step out to the curb. He then shines his light in my face and asks "How is everything?"
I replied "It's just fine, up until know." He sort of snickered at that.

So then he sticks his head in the drivers door and as he's looking under the seat and under Jesse's feet he asks "What's that smell?"
Jesse answered "I don't know, we're just coming from a bon-fire."
So then the cop asks what kind of bon-fire. Jesse - "A celebration for a friend."
He asks what we where celebrating so I chip in that we where celebrating for no particular reason, because we could. (Or something similar to that, I lack a perfect memory.)

Then the cop opens my door (I didn't think to lock it, I usually always lock doors.) and looks at the floor board and into an empty chip bag, to shich he replys "Nothing wrong with that." Chips I guess are still legal.  ::)

While he is doing this Tim is telling him that he doesn't consent to a search. Enforcer Avery never asked though. At one point I overheard him tell Tim that he hadn't opened the glove compartment. Which I guess means that only the glove compartment and the trunk are protected by 4th Amendment? Asshole!

He eventually lets Tim back in the car after a couple minutes talking to him, I couldn't hear most of it.

When he was letting us go he mentioned the reason we where pulled over was condensation on the back glass. (What? I thought it was speeding.  ::)) He also asks Tim if he had a ticket in '04. Who knows why.

The guy was probably in his fifties and had a hearing aid in at least his right ear. My bet is that he saw young punks he was sure to find drugs or booze on. I don't recall any of us calling him sir or officer. All of our comments where rather terse as well. I think our demeanor of not cowering in fear might have had something to do with his letting Tim off with a warning. Who knows though.

About 30 minutes wasted by Enforcer Avery. Thanks douche-bag.
That's my recollection of the events. Need to buy a digital voice recorder for sure.  :-\

Coconut

I would encourage the victims to write something up and post it on FreeKeene.com

Raineyrocks

That absolutely sucks!  >:(    We made it home fine, I did see a couple of cops around but that was on the way there so nevermind.

I do think Rick mentioned seeing a white van, (I'm pretty sure), that was stopped by the cops on our way home. I think he said it was on route 4, but I'm pretty sure we left before anyone else did.   I didn't see anything because I slept half of the way home.  :-\


dalebert

Quote from: Coconut on October 12, 2008, 01:31 PM NHFT
I would encourage the victims to write something up and post it on FreeKeene.com

I'd be curious to hear what they have to say before I do. First, if they're actually responsive to our grievance, I'd be inclined to make less of a public stink about it. Of course, that means some sort of verifiable assurance that they're trying to remedy the situation with training or a real reprimand that would discourage these kinds of rights violations. I'm not just talking some kind of fuzzy apology. Secondly, if they don't give an acceptable response, then the very public stink includes their poor reaction.

MTPorcupine3

#11
Quote from: Puke on October 12, 2008, 12:49 PM NHFT
It was a Saturday night (Only about 940pm though.)
This cop had his SUV over the white line in the road a good foot and was standing next to the door of the car he had pulled over.

Tim did slow down and drove around the cop car that was in the lane of traffic. Nothing unsafe here.
So the cop pulls us over. He had be thinking he was certain to find weed or booze in a car with 4 young guys. (Dale looks young anyway.  :P )

The cop comes up and asks for license/reg and then has Tim step out to the curb. He then shines his light in my face and asks "How is everything?"
I replied "It's just fine, up until know." He sort of snickered at that.

So then he sticks his head in the drivers door and as he's looking under the seat and under Jesse's feet he asks "What's that smell?"
Jesse answered "I don't know, we're just coming from a bon-fire."
So then the cop asks what kind of bon-fire. Jesse - "A celebration for a friend."
He asks what we where celebrating so I chip in that we where celebrating for no particular reason, because we could. (Or something similar to that, I lack a perfect memory.)

Then the cop opens my door (I didn't think to lock it, I usually always lock doors.) and looks at the floor board and into an empty chip bag, to shich he replys "Nothing wrong with that." Chips I guess are still legal.  ::)

While he is doing this Tim is telling him that he doesn't consent to a search. Enforcer Avery never asked though. At one point I overheard him tell Tim that he hadn't opened the glove compartment. Which I guess means that only the glove compartment and the trunk are protected by 4th Amendment? Asshole!

He eventually lets Tim back in the car after a couple minutes talking to him, I couldn't hear most of it.

When he was letting us go he mentioned the reason we where pulled over was condensation on the back glass. (What? I thought it was speeding.  ::)) He also asks Tim if he had a ticket in '04. Who knows why.

The guy was probably in his fifties and had a hearing aid in at least his right ear. My bet is that he saw young punks he was sure to find drugs or booze on. I don't recall any of us calling him sir or officer. All of our comments where rather terse as well. I think our demeanor of not cowering in fear might have had something to do with his letting Tim off with a warning. Who knows though.

About 30 minutes wasted by Enforcer Avery. Thanks douche-bag.
That's my recollection of the events. Need to buy a digital voice recorder for sure.  :-\

This is a study on what not to do when a cop pulls you over. Watch "Busted! How do survive police encounters" <http://tinyurl.com/4asrq6>. Why answer any of the cops questions? If the link above doesn't work, just do a video search.

Lumpy

Quote from: MTPorcupine3 on October 12, 2008, 07:20 PM NHFT
This is a study on what not to do when a cop pulls you over. Watch"Busted! How do survive police encounters" <http://tinyurl.com/4asrq6>. Why answer any of his questions?

I know YOU know what to do!  ::)
That link is broken.  Got another one?  Thanks, and hope the mew farm is doing great!

Coconut

Quote from: Lumpy on October 12, 2008, 07:27 PM NHFT
Quote from: MTPorcupine3 on October 12, 2008, 07:20 PM NHFT
This is a study on what not to do when a cop pulls you over. Watch"Busted! How do survive police encounters" <http://tinyurl.com/4asrq6>. Why answer any of his questions?

I know YOU know what to do!  ::)
That link is broken.  Got another one?  Thanks, and hope the mew farm is doing great!

Even when you know what to do, it takes practice to be able to do it when the pressure is on. It's normal to feel like you should have done something differently.

dalebert

Quote from: Coconut on October 12, 2008, 07:46 PM NHFT
Even when you know what to do, it takes practice to be able to do it when the pressure is on. It's normal to feel like you should have done something differently.

This is essentially what happened. We all talked about how we should have handled it but I think we did alright considering.