Probable Cause States

What have you been smoking? If they wat you...they get you. Do you have any idea how easy it is for any cop to get PC?

State of Washington says that you must make a complete stop at lights/stops etc...but, a "complete" stop means a full 3 seconds counted after the vehicle has rocked back. Nobody does that. Cause to stop you right there.

There's a million ways they can use the exact word of the law and you're right where they want you.

Try flipping one of these guys off when you're 100% legal and tell me they don't find something to get you.

They gotta bring money in and they KNOW everyone has something to he ticketed. Just depends on the interaction and how big of a D bag the officer is.

 

Not true, not even in MI.

Additionally, "reasonable suspicion" is "almost" never a reason for a stop of any driver, commercial or not. In the case of CMV's, regulations are considered "civil" or administration law, and the only reason needed for the stop is to ensure or enforce compliance.

As all states have done. They adopted the FMCSR's in part in to state law, not as state laws. They do this so the states can enforce the FMCSR's as if they were state regulations, and receive federal funding.

Nope! Any state or political subdivision which enforces the FMCSR's or FHMR's have an agreement (Formal) with the FMCSA that they will uniformly enforce the regulations. To do as you state, the state of MI or its political subdivisions would be in violation of their agreement. If they are not certified they cannot enforce FMCSR's but can enforce state equivalent laws. For instance a MC officer would enforce fed regs if you had a tail light out, but a non MC certified officer could enforce the state law concerning the tail light.

BTW, state MC officers in MI are not certified under MI's law enforcement standards, which limits their ability to make stops and arrests.

Best regards

 

Yes, I do it every day.

I can’t speak to WA law but I know if I showed up to court with that as my reason for a traffic stop, I would be berated by our Judges.

If you are trying to attract attention to yourself, don’t be upset when you are given extra attention.

I don’t keep track of the exact numbers but my warnings far outweigh the citations that I issue. You would be surprised at how small of an issue ticket revenue is for most agencies. In my department we don’t receive much money at all from citations and what we do get is not coming to us, it is going to the general fund to be spent on other things, not us.

But, the reason that I posted here to begin with was to give information to the OP and it was factual. Whether you believe that the PC developed for the stop is nit-picky or not is irrelevant.

 

Welcome MI Guy. Nice to have some more LEO folks here.

Where I am, an unspecified midwest state, I do not need PC or Reasonable Suspicion to stop a CMV. Just the fact that it is a CMV and that I am a CMV Officer gives me the ability to make a traffic stop. It goes under the heading of Implied Consent.

 

I would have your ### in court to explain to a judge just how your are given a free pass just for me being in a CMV.

MN implied consent has NOTHING to do with being in a CMV. It has to do with driving while impaired (DUI). Treading some seriously thin ice with that comment.

Just about every state in the union has a similar implied consent law as well.

 

No you wouldn't. The judge would ask you if you missed the class concerning enforcement of regulations or had ever even heard of administrative law. He would also likely tell you to brush up on MN § 221.605, and review your state's contract with the FMCSA.

Scalemaster did not state that it falls under his state's "Implied Consent law" (DUI, OUI, DWI etc), he stated it went under the heading of implied consent. Surely they covered this in your academy (You did go to one didn't you?). Implied consent is consent which is not directly given by one and has implications in almost all segments of law. In the case of CMV enforcement, your operating a CMV implies that you consent to compliance inspections. Therefore no PC is needed.

Best regards

 

Is this thread still alive?

Can an officers without MCI certification perform CMV inspection?

Also as a driver may I request LEO to show his MCI certification?

 

They have to be certified and I believe wear a badge/patch for it