Go Back   iRV2 Forums > MOTORHOME FORUMS > Class A Motorhome Discussions
Click Here to Login
Join iRV2 Today

Mission Statement: Supporting thoughtful exchange of knowledge, values and experience among RV enthusiasts.
Reply
  This discussion is proudly sponsored by:
Please support our sponsors and let them know you heard about their products on iRV2
 
Thread Tools Search this Thread Display Modes
 
Old 07-05-2015, 11:15 AM   #309
Member


 
Freightliner Owners Club
Join Date: Mar 2014
Posts: 74
Judge Orders Cop To Return Seized $167,000 Taken From Man For “Driving Too Slow”
You know there is a problem when a police officer can literally steal thousands of dollars from you for no reason other than because you were “driving too slow.”
This week, a federal judge agreed that this confiscation of personal funds was absolutely insane and illegal. That judge ordered the U.S. government to return $167,000 that was stolen by a Nevada police officer. The judge described the law enforcement and state government as having a clear “lack of candor” in this case.
The Las Vegas Review-Journal reported that a Nevada state trooper stopped Straughn Gorman in his motor home on Interstate 80 back in January 2013. The reason? The officer alleged that the massive motor home was “driving too slow.”
The officer demanded to search the motor home. Gorman refused to consent to a search. So the trooper actually let him go… But it was all a trick.
The trooper radioed ahead to an Elko County sheriff’s deputy. That deputy pulled the motor home over without any probable cause whatsoever. At the request of the trooper, the deputy searched the motor home with a drug-sniffing dog.
The deputy said the dog turned up a “hit”. There was something “suspicious in the motor home.
But that “something suspicious” wasn’t drugs. It wasn’t anything illegal at all. It was just money.
The driver didn’t trust banks. Whether you view that as normal, eccentric or even a bit “crazy” is irrelevant. The $167,000 hidden in the vehicle was obtained entirely legally.
But none of that mattered to the cops. They confiscated – they stole – the money, turning it over to the federal “authorities” for civil forfeiture proceedings, even though Gorman was never charged with a crime.
The State claimed that Gorman might have been intending to use the money to purchase marijuana.
Gorman says nothing of the sort was going on. He wasn’t buying marijuana. He wasn’t buying anything. He just kept his savings in cash and kept it on him. He was actually on his way to visit his girlfriend in Sacramento.
Watch the local report below…
Federal judge orders return of $167,000 seized during traffic stop
Senior U.S. District Judge Larry Hicks ruled that the U.S. Attorneys Office in Reno was actually concealing information about the illegal nature of both the initial and subsequent traffic stops.
“No matter how this can be viewed, the two stops were for minor traffic violations and they both were extended beyond the legitimate purposes for such traffic stops,” Hicks explained in his ruling.
The fact that the second stop would not have occurred if not for the first violated Gorman’s Fourth Amendment rights.
The judge ruled that the trooper and deputies did not have “independent reasonable suspicion” to conduct the second traffic stop. Both cops broke the law.
“This district has recently emphasized the importance of candor to the court at all stages of investigation,” the judge explained.
Vincent Savarese, Gorman’s lawyer, said that it is “dismay[ing] that it required so much effort and litigation to bring the truthful facts to light that allowed Judge Hicks to make an informed decision.”
(Article by M. David and Jackson Marciana)
__________________

__________________
Freebird1958 is offline   Reply With Quote
Join the #1 RV Forum Today - It's Totally Free!

iRV2.com RV Community - Are you about to start a new improvement on your RV or need some help with some maintenance? Do you need advice on what products to buy? Or maybe you can give others some advice? No matter where you fit in you'll find that iRV2 is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with other RV owners, see fewer ads, upload photographs, create an RV blog, send private messages and so much, much more!

Old 07-05-2015, 11:50 AM   #310
Senior Member


 
Monaco Owners Club
Join Date: Feb 2011
Posts: 228
Waiting for the fine

Quote:
Originally Posted by Mr_D View Post
Got stopped once in 25 years for speeding and it was last month in CA. Purely a "money" stop, no discussion, just asked for my license and insurance info and started writing. Still waiting for the fine to show up in the mail.
If you're not home and on the road, If you don't pay it in TEN DAYS it DOUBLES. If you still haven't paid it, it goes to collections. Don't ask me how I know, just let me say, no way to stop at 45 mph for a 2 second yellow in MEMPHIS TN
__________________

__________________
woodfoot is offline   Reply With Quote
Old 07-05-2015, 01:10 PM   #311
Senior Member
 
gemini5362's Avatar
 
Tiffin Owners Club
Freightliner Owners Club
Join Date: Apr 2012
Posts: 2,078
I am curious if he only got his money back or was awarded attorney fees and interest. I also wonder if the police officers that colluded to seize his money are still on the force in their respective police departments or work for any other law enforcement organization.
__________________
2005 Allegro Bus 38DP
2012 Enclave tow vehicle
No Dogs, No cats.
gemini5362 is offline   Reply With Quote
Old 07-05-2015, 04:05 PM   #312
Senior Member
 
tropical36's Avatar
 
American Coach Owners Club
Join Date: Jul 2007
Location: SW Florida
Posts: 1,588
I'm somewhat fascinated that any law officer would pull over a motor-home without a lot of backup. Seems very dangerous to me and especially if he's one to approach the driver while he's still seated. Then wanting to go inside, as well. Would you proceed if say the bedroom door was closed?
I mean who knows how many people might be hidden in the coach and maybe armed for bear and having ill intent?
__________________
07 Revolution LE 40E_1 1/2 Baths_Spartan MM Chassis_06 400HP C9 CAT_ Allison 3000
Dinghy_2010 Jeep Wrangler JKU ISLANDER
1998 36ft. National Tropi-Cal Chevy Model 6350 (SOLD)
tropical36 is offline   Reply With Quote
Old 07-05-2015, 04:31 PM   #313
Senior Member
 
Timon's Avatar
 
Join Date: Jul 2014
Location: Tustin, CA
Posts: 984
Quote:
Originally Posted by woodfoot View Post
If you're not home and on the road, If you don't pay it in TEN DAYS it DOUBLES. If you still haven't paid it, it goes to collections. Don't ask me how I know, just let me say, no way to stop at 45 mph for a 2 second yellow in MEMPHIS TN
This is where a dash cam with GPS can help. If you can show the yellow is below the required minimum length you can get off. It does mean you may have to stick around for awhile but that's the facts of life.

If I did my math correctly 40MPH is 117.333 feet in 2 seconds. Legally I think they have to figure at least .5 to .75 seconds for reaction time. They also have to figure in an average stopping distance for the speed of the road.

Given a 40MPH road, 70 foot wide intersection and no grade US DOT, see link below, yellow timing should be no less than 5.4 seconds. Anything under that is non standard and could be deemed illegal. If there is a down grade the timing must be longer and if it's an upgrade their can be shorter. If one takes the dot standard to court and can show the short yellow the ticket should be dropped. One would also want to ask the judge to require the timings be fixed.

DOT standards Traffic Signal Timing Manual: Chapter 5 - Office of Operations
__________________
John (N6BER), Joyce, Lucas (Golden Retriever mix), Bella (Great Pyrenees) and Lance (Great Pyrenees).
Tustin, CA
Timon is offline   Reply With Quote
Old 07-05-2015, 06:04 PM   #314
Senior Member
 
Join Date: Mar 2014
Location: Memphis TN
Posts: 283
Seems your best defense, when stopped, is to record everything that is done & said.

What are the legal technicalities of audio/video recording everything that happens during the police stop,... openly or covertly?
__________________
99phantoms is online now   Reply With Quote
Old 07-05-2015, 08:13 PM   #315
Senior Member
 
Timon's Avatar
 
Join Date: Jul 2014
Location: Tustin, CA
Posts: 984
Quote:
Originally Posted by 99phantoms View Post
Seems your best defense, when stopped, is to record everything that is done & said.

What are the legal technicalities of audio/video recording everything that happens during the police stop,... openly or covertly?
SCOTUS has ruled it's totally legal. The problem with a MH is the sheer size. You need at least 5 cameras, 6 is better, to cover the outside and 2 to 3 to cover the inside so that takes a 8 channel system.

I've seen several good ones on the market for under $2,000 or so. They are 1080P systems with audio on all channels as long as the camera has a mic. They also have GPS, WiFi, 3 sensor lines you can use for turn and stop lights and a cell data connection. With a 2TB drive they can record 8 channels for 16 days.

Add a Spot Trace so if someone drives off with your RV you can easily find it plus have pictures of the culprits.
__________________
John (N6BER), Joyce, Lucas (Golden Retriever mix), Bella (Great Pyrenees) and Lance (Great Pyrenees).
Tustin, CA
Timon is offline   Reply With Quote
Old 07-05-2015, 08:48 PM   #316
Senior Member
 
Join Date: Mar 2014
Location: Memphis TN
Posts: 283
How 'bout just using a cell phone... either you or someone traveling with you?

Or put the cell phone in your shirt pocket & turn on the audio recording?
__________________
99phantoms is online now   Reply With Quote
Old 07-05-2015, 08:58 PM   #317
Senior Member
 
Timon's Avatar
 
Join Date: Jul 2014
Location: Tustin, CA
Posts: 984
The problem is that the LEOs will NEVER let you move around so you can video the external K9 search and likewise there is no way in hell you can be videoing inside during a search.
__________________
John (N6BER), Joyce, Lucas (Golden Retriever mix), Bella (Great Pyrenees) and Lance (Great Pyrenees).
Tustin, CA
Timon is offline   Reply With Quote
Old 07-06-2015, 12:47 AM   #318
Senior Member
 
UncleBilly's Avatar
 
Join Date: Sep 2013
Posts: 552
Quote:
Originally Posted by Timon View Post
The problem is that the LEOs will NEVER let you move around so you can video the external K9 search and likewise there is no way in hell you can be videoing inside during a search.

This is what happened too me. Wasn't allowed too watch dog "alert" on a bay, nor be around when they went thru my safe. Had money in it and was worried some would get ripped-off. Got lucky and none was missing 😜


1996 Country Coach Intrigue 😜
__________________
UncleBilly is offline   Reply With Quote
Old 07-06-2015, 01:15 AM   #319
Senior Member
 
Mr_D's Avatar
 
Solo Rvers Club
iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 28,528
Quote:
Originally Posted by woodfoot View Post
If you're not home and on the road, If you don't pay it in TEN DAYS it DOUBLES. If you still haven't paid it, it goes to collections. Don't ask me how I know, just let me say, no way to stop at 45 mph for a 2 second yellow in MEMPHIS TN
Nope, I got stopped in very early March and didn't have to pay the fine until June 9th , which I did.
__________________
2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft
Charter Good Sam Lifetime Member, FMCA, SKP
RV'ing since 1957, NRA Benefactor Life, towing '14 CR-V
Mr_D is online now   Reply With Quote
Old 07-06-2015, 03:17 AM   #320
Senior Member
 
Timon's Avatar
 
Join Date: Jul 2014
Location: Tustin, CA
Posts: 984
Quote:
Originally Posted by UncleBilly View Post
This is what happened too me. Wasn't allowed too watch dog "alert" on a bay, nor be around when they went thru my safe. Had money in it and was worried some would get ripped-off. Got lucky and none was missing 😜


1996 Country Coach Intrigue 😜
I wish someone would take legal action which would force the requirement that all K9 searched must be videoed and that the video must be given to the defendet so they could have a K9 expert check it. There are just way too many question about K9 searched being false or fake hits So requiring this is not unreasonable.

How did they get into your safe? I don't think they have the legal right to compel you to open it just like they can't force you to unlock your phone.
__________________
John (N6BER), Joyce, Lucas (Golden Retriever mix), Bella (Great Pyrenees) and Lance (Great Pyrenees).
Tustin, CA
Timon is offline   Reply With Quote
Old 07-06-2015, 05:25 PM   #321
Senior Member
 
Join Date: Jun 2013
Posts: 403
compelled to unlock phone

How did they get into your safe? I don't think they have the legal right to compel you to open it just like they can't force you to unlock your phone.[/QUOTE]

Interesting note - they can't compel you to put in a code to unlock your phone, but the Supreme Court ruled that if your phone uses a fingerprint to unlock they can compel you to open the phone using your fingerprint since you can already be compelled to provide a fingerprint.
__________________
peterson is offline   Reply With Quote
Old 07-06-2015, 08:37 PM   #322
Senior Member
 
Timon's Avatar
 
Join Date: Jul 2014
Location: Tustin, CA
Posts: 984
Quote:
Originally Posted by peterson View Post
Interesting note - they can't compel you to put in a code to unlock your phone, but the Supreme Court ruled that if your phone uses a fingerprint to unlock they can compel you to open the phone using your fingerprint since you can already be compelled to provide a fingerprint.
I don't think SCOTUS has ruled on this yet just the Virginia courts or at least I can't find where they did.
__________________

__________________
John (N6BER), Joyce, Lucas (Golden Retriever mix), Bella (Great Pyrenees) and Lance (Great Pyrenees).
Tustin, CA
Timon is offline   Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
American Coach: American Coach Owners - We need your knowledge/experience Just For Fun Fleetwood Products Owner's Forum 17 10-09-2014 07:31 PM
Thor Motor Coach Offers Exclusive Rapid Camp™ Wireless Control System DriVer RV Industry Press 5 10-04-2014 11:15 PM
Country Coach - Horrible Technical Support & Customer Service Experience customfab Class A Motorhome Discussions 48 08-08-2014 02:02 PM
No 12 volts in Coach. 12 to BCC - stops there I guess. Rstefani Thor Industries Owner's Forum 2 07-27-2014 02:40 PM
Alliance Coach & Source Engineering RonaldNC Monaco Owner's Forum 9 03-23-2014 10:00 PM

» Virginia Campgrounds

Reviews provided by


Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -6. The time now is 04:13 PM.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.