Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars (1823085) | |
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Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars |
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Posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021 NEW YORK TIMESPhil Colbert was on his way to meet his father for lunch before his shift at an Arizona auto dealership in 2019 when he saw the flashing lights of a sheriff’s patrol car in his mirror. He made sure his hands were on the steering wheel, planted at 10 and 2 as his parents had taught him, and asked why he had been stopped. “You can’t have anything hanging from your rearview mirror,” the La Paz County deputy, wearing a Blue Lives Matter wristband, told him. The officer was referring to the tree-shaped air freshener dangling near the windshield but quickly moved on to other questions: Do you have any marijuana? Do you smoke marijuana? When was the last time you did smoke marijuana? Do you have any cocaine? To Colbert, who is Black, the air freshener seemed nothing more than a pretext for the driving equivalent of a stop-and-frisk. Sign up for The Morning newsletter from the New York Times “At that point, I was like, ‘This dude is coming up with anything. He’s just coming up with anything to talk to me or mess with me,’” said Colbert, 23, who recorded the traffic stop on his cellphone and ultimately was let off with a warning. The air fresheners that dangle from rearview mirrors have been a ubiquitous accessory in cars for decades. But they may be treated as illegal in a majority of states, which have laws prohibiting objects near the windshield that can obstruct motorists’ views. They are part of a suite of low-level offenses, such as tinted windows or broken taillights, that civil rights advocates complain have become common pretexts for traffic stops that too often selectively target people of color. The encounter this week in Minnesota that led to a police officer fatally shooting Daunte Wright, a 20-year-old Black man, began when officers initiated a traffic stop and raised the issue of a hanging air freshener, according to Wright’s mother, who talked to her son on the telephone moments before he was shot. Pete Orput, the Washington County attorney, said officers had noticed an expired registration tab on Wright’s license plate and decided to pull his car over. One of the officers later noted the air freshener hanging from the mirror, which was a violation of the law, Orput said. Racial bias in traffic stops has been a focus of researchers and civil rights advocates for years. At Stanford University’s Open Policing Project, researchers analyzing more than 100 million traffic stops around the country found persistent racial disparities, with Black and Hispanic drivers more likely to be stopped and more likely to be searched. Collectively, officers found contraband at a lower rate among those searches than in searches of white drivers. Traffic stops also have the potential to escalate, like the case of Wright, who was shot by a police officer after he got back into his car as the police tried to arrest him for an unrelated warrant. The officer, Kimberly Potter, who had shouted that she was preparing to use her Taser, resigned and was charged with second-degree manslaughter. Paige Fernandez, a policing policy advocate at the American Civil Liberties Union, said low-level infractions such as expired registrations and air fresheners on mirrors should not be handled by armed police officers. “The danger that police traffic stops pose greatly outweighs any benefit of having them engage in that,” Fernandez said. Mayor Mike Elliott of Brooklyn Center, Minnesota, where Wright was killed, said police officers should not be pulling people over because of an expired registration during the coronavirus pandemic. The prohibitions against objects hanging from rearview mirrors can extend to fuzzy dice, graduation tassels and rosaries. Last year, amid the pandemic, authorities in Maine warned against hanging masks. A woman who answered the phone for the manufacturer of one of the most common hanging air fresheners, Little Trees, said the company would have no comment on the legal debate. The company’s website shows the scented paper trees hanging from a rearview mirror. States have long grappled with how to best handle the obstruction issue. After court data showed more than 1,400 citations in one year for people driving on Maryland highways with windshields obstructed by objects or materials, the state changed its law in 2017. The violation is no longer a primary offense, which would justify a traffic stop, but a secondary offense, which can only be cited after a motorist has been pulled over for something more serious, such as speeding. Virginia has followed suit as part of a broader package of reforms limiting when the police can conduct traffic stops. Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said the group had supported some of the changes, including a prohibition on stopping people for recently expired registrations. When lawmakers changed the law to require that a driver’s view must be “substantially” obstructed by objects to be considered a violation, police agencies did not object. Making windshield obstructions a secondary offense could allow some motorists to continue driving even with substantial obstruction that limits their view. Schrad said that had raised concern that roads could become less safe. Schrad said that when officers stop people for minor violations, they can also discover other issues, including outstanding felony warrants or evidence of other crimes. “The more you limit the ability of a law enforcement officer to intervene in something that would be a violation of the law, you limit their ability to discover other criminal activity,” she said. In places where air fresheners have been treated as a primary offense, the traffic stops have faced legal challenges with various outcomes. On an April evening in 2008, Benjamin Garcia-Garcia was driving a minivan along Interstate 55 near Springfield, Illinois, when a state trooper who had been parked in the median moved onto the freeway and pulled him over. According to court records, the trooper claimed he had seen the pink air freshener hanging from Garcia-Garcia’s mirror and believed it violated the state statute prohibiting objects that could obstruct the driver’s view. The trooper later conceded that he did not stop every car with an air freshener and had not observed any other traffic violations. The trooper issued a written warning, but in the process he also learned that Garcia-Garcia and his passengers were in the country illegally. That triggered a response from Immigration and Customs Enforcement that resulted in Garcia-Garcia facing a federal charge of crossing the border illegally. He was imprisoned and deported. Garcia-Garcia challenged the justification for the stop as part of his criminal case, arguing that the trooper could not have seen the air freshener on a vehicle going at highway speeds and that he could not have concluded it was a material obstruction. The 7th U.S. Circuit Court of Appeals rejected the argument. “The object the trooper observed was small, but given its size and position relative to the driver, a reasonable officer could conclude that it violated the Illinois statute prohibiting material obstructions,” the judges wrote. In a more recent case, on the South Side of Chicago, a police officer reported seeing an air freshener in a vehicle and began following the car, then stopped it for violating a municipal code provision prohibiting windshield obstructions. During the traffic stop, officers found guns in the vehicle and arrested the two men inside, who were Black. The men challenged the legality of the traffic stop, but the same appeals court once again held that the stop was constitutional. But in Connecticut in 2010, after a traffic stop in which a driver had a chain and cross dangling from his rearview mirror, the state Supreme Court sided with the driver, determining that the object was relatively small and that the trooper who initiated the stop did not articulate any concern that the object was blocking the driver’s view. The case of Colbert, the motorist stopped in Arizona in an unincorporated area between Parker and Lake Havasu, became public after he posted video of the traffic stop online. He later got a lawyer, Benjamin Taylor, who said he believed that the deputy engaged in racial profiling. “Even if you are polite, calm, even college-educated, the bottom line is that, at the end of the day, you are still Black,” Taylor said. “That’s all the cop sees and stereotypes.” The Sheriff’s Department later determined that the deputy had no legitimate basis for his repeated questioning of Colbert. The deputy, Eli Max, was fired in part for his handling of the stop. Colbert took steps to pursue a lawsuit but settled with the county before it got that far, Taylor said. Even for those who are ultimately let go with a warning, being pulled over for a rearview mirror infraction can have a lasting effect. In Galesburg, Illinois, Brittany Mixon was a senior in high school when she was pulled over by a police officer in 2003, ostensibly because of the air freshener hanging from her mirror. But when the officer approached the car, she said, his first question was about whether the Toyota Corolla she was driving was hers. “He kept asking me questions like he wanted to trip me up,” said Mixon, who is Black. Even now, at 35, she makes sure not to have anything hanging from her mirror — or from the mirror of a car she is riding in — because she does not want to risk getting pulled over. “If I get in a car with somebody and they have something hanging from their mirror, I’m like, ‘Can you take that down?’” Mixon said. “Being a Black passenger might trigger something in a racist cop, so let’s just remove that altogether from the situation.” This article originally appeared in The New York Times. |
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Posted by TransitChuckG on Sat Apr 17 13:50:35 2021, in response to Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021. That’s crazy. No more air fresheners hanging! |
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Posted by https://salaamallah.com/ on Sat Apr 17 13:51:57 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by TransitChuckG on Sat Apr 17 13:50:35 2021. I GUESS I WILL HANG IT ON MY DASH BOARD |
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Posted by TransitChuckG on Sat Apr 17 14:13:25 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:51:57 2021. That should be Ok. |
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Posted by chicagomotorman on Sat Apr 17 14:15:00 2021, in response to Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021. I never knew it was illegal. I just don't hang it there because it would be a distraction. |
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Posted by LuchAAA on Sat Apr 17 14:27:51 2021, in response to Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021. Yes. Cops think that people who smoke pot have an air freshener to mask the odor. That's how cops think.I posted a famous video of an Arizona cop who pulled over a motorist and questioned him about drugs. Cop got fired only because local media got on it. Driving 65 on a 70 is another thing they get you for. Soon they'll be suspicious of people who make a perfect STOP sign stop. Cops have a unique personality. |
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Posted by pragmatist on Sat Apr 17 14:48:17 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 14:27:51 2021. It isn't just air fresheners. In most states anything hanging that could potentially obstruct vision is illegal. Super common are handicapped tags. Some states, most recently Virginia have amended their rules so that it is still a violation, but you can't be pulled over for it. It can still be written if you were pulled over for something else. Courts are getting less friendly to evidence uncovered during fishing expeditions after "pretext" stops. |
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Posted by https://salaamallah.com/ on Sat Apr 17 14:52:26 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by TransitChuckG on Sat Apr 17 14:13:25 2021. THATS WHAT I WOULD DO |
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Posted by https://salaamallah.com/ on Sat Apr 17 14:52:44 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by chicagomotorman on Sat Apr 17 14:15:00 2021. I SEE |
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Posted by LuchAAA on Sat Apr 17 14:59:20 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by pragmatist on Sat Apr 17 14:48:17 2021. Many have a parking permit on rear view.I think fishing expeditions will decrease even more. But that's the best part of being a cop. They love to initiate contact and ask a bunch of questions. Since George Floyd I see less of it. |
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Posted by pragmatist on Sat Apr 17 15:15:52 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 14:59:20 2021. The parking permit tag, handicapped or other types is super common, but it will be a cold day in hell before someone pulls over an 80 year old for a hanging tag. There is a big difference between pulling someone over for a violation, and uncovering another issue, especially outstanding warrants, and pulling someone over to have an excuse to explore. With the moves in so many areas to avoid bail and/or detention, the quantities of "failure to appear" type warrants will increase by leaps and bounds. The sad part is, seeing someone hauled in for not appearing, and being cut loose again. Not thrilled with the move to no bail so many offenders, but it is made far worse when instead of giving someone a break on a single non violent crime, they create a revolving door for repeat offenders, and people who commit crimes that clearly indicate they present a danger to the community. |
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Posted by TransitChuckG on Sat Apr 17 16:07:13 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by pragmatist on Sat Apr 17 15:15:52 2021. I have handicapped tag, and make darn sure I remove before backing out of the parking space.(It says so on the tag, Remove placard from inside rearview mirror when vehicle is in motion). |
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Posted by Dave on Sat Apr 17 16:17:17 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by chicagomotorman on Sat Apr 17 14:15:00 2021. That's why it's illegal; it's a distraction. |
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Posted by BILLBKLYN on Sat Apr 17 16:36:16 2021, in response to Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021. I love the insulting premise that people are too stupid to not fix their lights, not hang objects from the mirror, not to obstruct your plate, etc... So, Libs have to whitesplain that since POC cannot comprehend keeping their vehicle legit, pulling them over is somewhat "racist". Also, what does having a Thin Blue Line bracelet have to do with any of this? The Slimes is reaching |
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Posted by pragmatist on Sat Apr 17 16:44:29 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by TransitChuckG on Sat Apr 17 16:07:13 2021. And lots of people don't, and they also don't address lots of other small but definitely illegal things on their vehicle. Drive a few days and count the number of failure to signal a lane change or turn, lights out, and covered license plates. Or the new game of scratching up a plate so the cameras don't get a good picture. |
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Posted by Easy on Sat Apr 17 17:07:46 2021, in response to Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021. I don't know what the laws are, but I do know that the air freshener packet instructions tell you to hang from an air vent, not the mirror. |
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Posted by TransitChuckG on Sat Apr 17 17:24:52 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Easy on Sat Apr 17 17:07:46 2021. I don't know what the laws are, but I do know that the air freshener packet instructions tell you to hang from an air vent, not the mirror.Makes sense to me, except I would not want that freshener air blowing right at me. :) |
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Posted by TransitChuckG on Sat Apr 17 17:26:03 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by pragmatist on Sat Apr 17 16:44:29 2021. Thank you,Pragmatist |
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Posted by https://salaamallah.com/ on Sat Apr 17 17:33:08 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Easy on Sat Apr 17 17:07:46 2021. IAWTP |
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Posted by Easy on Sat Apr 17 17:39:36 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by TransitChuckG on Sat Apr 17 17:24:52 2021. Yeah, the tree ones also tell you to keep it in the plastic packaging and slowly lower the wrapper over time so that you don't release all of the chemical odors at once. |
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Posted by TransitChuckG on Sat Apr 17 17:46:06 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Easy on Sat Apr 17 17:39:36 2021. Ah, Ok, thanks. I never used one so that's interesting. |
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Posted by LuchAAA on Sat Apr 17 18:04:43 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Dave on Sat Apr 17 16:17:17 2021. True. But I find it funny cops think it is an indication the driver likes weed. |
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Posted by Fisk Ave Jim on Sat Apr 17 18:16:47 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Easy on Sat Apr 17 17:39:36 2021. I've seen cars with the tree hanging off the RV mirror with the bag hanging down from the tree. IIRC the instructions were to lower the bag one inch per week. |
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Posted by Fisk Ave Jim on Sat Apr 17 18:19:51 2021, in response to Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021. Nothing new here for me. I was told this back in '68 as a senior in HS driver Ed. What I forgot is if it was a NYC law or a State reg. |
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Posted by LuchAAA on Sat Apr 17 18:28:06 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Fisk Ave Jim on Sat Apr 17 18:19:51 2021. Did you attend Richmond Hill HS? |
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Posted by Jeff Rosen on Sat Apr 17 18:38:11 2021, in response to Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 13:13:47 2021. Finding a legitimate reason to stop someone, no matter how petty, just to investigate more serious crimes is good police work. |
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Posted by Chicagomotorman on Sat Apr 17 18:40:12 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Jeff Rosen on Sat Apr 17 18:38:11 2021. Iawtlp |
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Posted by https://salaamallah.com/ on Sat Apr 17 18:44:54 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Jeff Rosen on Sat Apr 17 18:38:11 2021. IDWTP |
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Posted by Fisk Ave Jim on Sat Apr 17 18:45:33 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 18:28:06 2021. Nope. St Helena in the Bronx. #7 to Main St. Q44 to school. |
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Posted by LuchAAA on Sat Apr 17 18:53:52 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Fisk Ave Jim on Sat Apr 17 18:45:33 2021. You're so Irish-Catholic! |
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Posted by pragmatist on Sat Apr 17 18:56:21 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 18:53:52 2021. The current Msgr Scanlan..... |
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Posted by Fisk Ave Jim on Sat Apr 17 19:06:02 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by pragmatist on Sat Apr 17 18:56:21 2021. Thats correct! Ancient building that was once connected to St. Joseph's School for the deaf & St Raymond's cemetery. A complex broken up when they built the Hutch & Bruckner expy. |
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Posted by Fisk Ave Jim on Sat Apr 17 19:08:03 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 18:53:52 2021. You got a problem with that??? |
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Posted by pragmatist on Sat Apr 17 19:11:45 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Fisk Ave Jim on Sat Apr 17 19:06:02 2021. I was up there for a Local 3 Westchester Mechanics Annual Family Day a few years back when a friend won a raffle on his job for tickets. I parked across the street at Hellmann Electric. Another friend spent a few summers at the cemetery (his father worked there) before he went to the USMC and NYPD. Retired captain, now teaches at St Raymond's (the school) |
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Posted by Olog-hai on Sat Apr 17 19:15:03 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Jeff Rosen on Sat Apr 17 18:38:11 2021. Yes. If not for that, imagine how long it would have taken to take down Al Capone. |
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Posted by pragmatist on Sat Apr 17 19:19:45 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Olog-hai on Sat Apr 17 19:15:03 2021. Considering how much of Chicago government, including the police, were on his payroll, that's pretty funny. |
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Posted by LuchAAA on Sat Apr 17 19:22:30 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Fisk Ave Jim on Sat Apr 17 19:08:03 2021. #kegcityclub#100kegsorbust I have no issues with you. Love #GTL |
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Posted by Spider-Pig on Sat Apr 17 19:29:39 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by BILLBKLYN on Sat Apr 17 16:36:16 2021. Unlike laws about lights, etc, the no hanging shit from a mirror is one of those laws whose sole purpose is for the government to harass the public, and should not exist. Like those little towns where the speed limit goes down abruptly at the municipal boundary. Every state Constitution should have a provision that if a municipality collects too much revenue from fines it should be automatically disincorporated. |
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Posted by chicagomotorman on Sat Apr 17 19:37:36 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by https://salaamallah.com/ on Sat Apr 17 18:44:54 2021. figures |
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Posted by Olog-hai on Sat Apr 17 19:55:29 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by pragmatist on Sat Apr 17 19:19:45 2021. True; the tax evasion charges were federal. |
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Posted by https://salaamallah.com/ on Sat Apr 17 19:57:15 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by chicagomotorman on Sat Apr 17 19:37:36 2021. WHAT ?????? |
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Posted by Fisk Ave Jim on Sat Apr 17 20:00:44 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 19:22:30 2021. PHEW!!! I was worried. |
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Posted by Olog-hai on Sat Apr 17 20:10:42 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 19:22:30 2021. You post those phony hashtags and claim "no issues"? Stop being transparently mendacious, #37. |
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Posted by Olog-hai on Sat Apr 17 20:11:31 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by LuchAAA on Sat Apr 17 18:53:52 2021. Quit thread-hijacking, #37. |
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Posted by LuchAAA on Sat Apr 17 20:17:40 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Fisk Ave Jim on Sat Apr 17 20:00:44 2021. Irish women have pretty eyes.Would you agree? |
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Posted by LuchAAA on Sat Apr 17 20:18:16 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Olog-hai on Sat Apr 17 20:10:42 2021. You're Anglo-Irish not Irish-Catholic. Mind your own business. |
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Posted by BILLBKLYN on Sat Apr 17 20:18:21 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Spider-Pig on Sat Apr 17 19:29:39 2021. I've never been pulled over in little towns where the speed limit drops. I see the signs and act accordingly. There shouldn't be anything hanging from the rear view mirror. If you do it, and the police pull you over, it's on you. |
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Posted by https://salaamallah.com/ on Sat Apr 17 20:18:52 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by BILLBKLYN on Sat Apr 17 20:18:21 2021. MINE IS ON MY DASHBOARD |
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Posted by LuchAAA on Sat Apr 17 20:20:18 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by pragmatist on Sat Apr 17 18:56:21 2021. Scanlan is an Irish-Catholic name for sure. |
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Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars |
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Posted by BILLBKLYN on Sat Apr 17 20:24:16 2021, in response to Re: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars, posted by Jeff Rosen on Sat Apr 17 18:38:11 2021. Yes. I said that last week and Dyre Dan got irate. |
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