Okay, so last night I run out of smokes and decide to run to the store. It's about 1 a.m, when I get smokes and a pop, and I decide to take a run through town. I've been stuck in the house with a full leg cast for almost three months now, and it's like the third time I've been out of the house, so I'm going for a ride. I cruise through the two beaches, you know, our 'local loop'. I get pulled over. Officer askes for my license and registration, I tell him I have a CPL and I'm not carrying as I hand him both pieces of identification with insurance and registration. He asks me if I have been drinking, and what am I doing out so late? I say no, and tell him my story. He claims he smells alcohol, and asks me to get out of the car. I told him I have just gotten my cast off a week ago, here are my crutches to prove it, you know, come on man, I OBVIOUSLY haven't been drinking, don't make me get out of the car..... He says he doesn't care if I've got a broken leg, he's going to give me a field sobriety test. Now I'm getting upset. I haven't touched a drop of alcohol in months.
Okay, I got really upset, he's giving me that ' grin' and I launched into a rant about "Your job is to protect and serve, not harass and intimidate, why don't you go catch some 'real' bad guys", and so on. Before I know it, there's two other squad cars there also. There's not much to do here on a weekday evening apparantley, so why not join the party. I was forced to get out of my car under threat of arrest for "disobeying a lawful order", and had myself and my car completely searched. No sobriety test, just searched. I will tell you that the officer who pulled me over and I have a 'history'. I kind of slept with his girlfriend 10 years ago or so, and this is not the first incident I've had. I actually went to the Prosecutor about him years ago it got so bad. I never heard what happened, but everything was fine until last night.
I admit I was VERY verbal once he started searching my car, screaming about my civil rights being violated and what a punk he was, but I was never vulgar, threatening, nor used profanity. I was let go and told to go home. That's it. My car is a mess, I had Cub Scout birdfeeders in the back seat that were strewn about, all my console brika-braka was tossed asunder, glove compartment stuff thrown on the seat, talk about .
My question: When he told me to get out of the car, was I legally obligated to? If I've done nothing wrong, and he has no real basis for making me get out so he can search me and the car, is it really a 'lawful order' to ask me to get out? Just what are MY rights as a tax paying, law abiding citizen? I'm frustrated, and need advice.
Okay, I got really upset, he's giving me that ' grin' and I launched into a rant about "Your job is to protect and serve, not harass and intimidate, why don't you go catch some 'real' bad guys", and so on. Before I know it, there's two other squad cars there also. There's not much to do here on a weekday evening apparantley, so why not join the party. I was forced to get out of my car under threat of arrest for "disobeying a lawful order", and had myself and my car completely searched. No sobriety test, just searched. I will tell you that the officer who pulled me over and I have a 'history'. I kind of slept with his girlfriend 10 years ago or so, and this is not the first incident I've had. I actually went to the Prosecutor about him years ago it got so bad. I never heard what happened, but everything was fine until last night.
I admit I was VERY verbal once he started searching my car, screaming about my civil rights being violated and what a punk he was, but I was never vulgar, threatening, nor used profanity. I was let go and told to go home. That's it. My car is a mess, I had Cub Scout birdfeeders in the back seat that were strewn about, all my console brika-braka was tossed asunder, glove compartment stuff thrown on the seat, talk about .
My question: When he told me to get out of the car, was I legally obligated to? If I've done nothing wrong, and he has no real basis for making me get out so he can search me and the car, is it really a 'lawful order' to ask me to get out? Just what are MY rights as a tax paying, law abiding citizen? I'm frustrated, and need advice.