Skip to comments.Highway Patrol clears trooper of wrongdoing
Posted on 07/08/2011 12:27:56 PM PDT by freedomwarrior998
Raleigh, N.C. The North Carolina State Highway Patrol on Friday released its findings that clears a state trooper of wrongdoing following a Raleigh woman's claims that she was harassed and intimidated during a traffic stop in Wilmington last month.
(Excerpt) Read more at wral.com ...
WHAT! What is that? Yep... a service record that indicates that the headlight on the vehicle had been having problems, and the problem kept occurring.
Many bloggers and their discussion board anarchists all claimed that the headlight was in perfect working condition.
Now watch... this thread will soon be filled with individuals who are so stubborn and can't stand to admit that the responded without having all the evidence, that they will retreat to either "IZ A CONSPIWACY!" OR bring in come irrelevant discussion unrelated to this case, in a desperate effort to save face.
Watch... it will be amazing to behold.
no wrong doing .. ok.. but she still blew a 0.0% alcohol but was taken before a magistrate at third location, nothing to see here.. officer do-right was perfectly ok to harass this citizen.
but where o, where was all the alcohol the perfectly innocent officer “smelled”?
Did you note that the problem was solved with a new bulb?
Your name and posting record suggests you are at war with freedom. No citizen deserves to be treated like this woman was.
You missed this part...
I’m beginning to believe a “new government” made up of today’s “conservatives” would be as bad, if not worse, than the “current” government.
There are bad cops. And good cops cover for them.
All the woman and her husband wanted was an apology and action against the troopers. Now comes a lawsuit they are sure to win.
Another trooper identified in the case, however, was suspended for unprofessional conduct...
The woman arrested registered 0.00 reading on TWO alcohol breath tests...
Statement from the attorney: "I am not surprised that the Highway Patrol exonerated the Highway Patrol"
Smith (The other trooper) will receive additional training on Highway Patrol Policy before returning to full duty. The internal investigation found that he sent inappropriate messages to Wyrick, including some with profanity, and that he failed to document his stop of Hoyt Tessener.
Plenty of bad cops here for you to read about...
That is the problem with cops. “Good” cops are obliged to cover for “bad” cops, therefore making the whole system corrupt. If there is only one “bad” cop, and every other cop covers for them, they are all bad.
Probable Cause IS NOT A HIGH STANDARD TO MEET.
Once he makes the arrest, that's it. In North Carolina, a magistrate has to release the arrested party.
§ 15A-511(1) A law‑enforcement officer making an arrest with or without a warrant must take the arrested person without unnecessary delay before a magistrate as provided in G.S. 15A-8209.501.
Once that is done:
(c) Procedure When Arrest Is without Warrant; Magistrate's Order. If the person has been arrested, for a crime, without a warrant: 1) The magistrate must determine whether there is probable cause to believe that a crime has been committed and that the person arrested committed it, and in the manner provided by G.S. 15A-8209.304(d). (2) If the magistrate determines that there is no probable cause the person must be released. (3) If the magistrate determines that there is probable cause, he must issue a magistrate's order: a. Containing a statement of the crime of which the person is accused in the same manner as is provided in G.S. 15A-8209.304(c) for a warrant for arrest, and b. Containing a finding that the defendant has been arrested without a warrant and that there is probable cause for his detention.
The officer COULDN'T release the suspect after she blew a .00. He was REQUIRED by LAW to take her to the magistrate to be released. That's how it works in North Carolina. If you don't like it, petition the legislature to give officers the authority to "un-arrest" a suspect.
The questions remain, why did he arrest her after she blew a .00? And why did he ask a fellow trooper to illegally follow, harass, and detain the woman's husband?
Yeah, this guy is a great cop.
What’s amazing is your stupidity. She wasn’t stopped for a headlight out, the idiotic trooper said she was drunk and tried to fake the breathalyzer tests to prove it. A headlight out would have caused a fixit ticket to be issued and that would have been the end of it. This is another classic case of the storm troopers protecting their own, not to mention the certain class of FReeper that you are evidently a part of, the cop butt kissing class.
“Probable Cause IS NOT A HIGH STANDARD TO MEET. “
Today an officer can claim a “furtive look” as adequate for probable cause. I would like to see a defense attorney try to argue against THAT!
But if they couldn’t find people willing to do the job. But then again their is no shortage of people who want to be where the tyranny meets the road.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I’m looking at the responses on this thread - and boy, did the posters make a jackass out of you.
Of course they did (knock me over with a feather).
the officer said he smelled alcohol.
there was no alcohol.
the officer lied.
have a nice day, officer.
Here’s the original article with 400+ posts: http://www.freerepublic.com/focus/f-backroom/2743550/posts
Notice that he linked the biggest agitator of the last thread (Macquire).
She admitted she had been drinking earlier, and that she had been around others that were been drinking. The odor of an alcoholic beverage can last far longer than the time when you will blow a .00 on a breathalyzer.
Only in your pathetic little mind.
So I think she was arrested before she took the test.
You seem to posts stories like this and then make an inflammatory first post. Do you just like starting fights?
he is a scum sucking dirty cop and he lied about the alcohol. No one that blows a 0.0% has breath that smells of alcohol.
Officer “smelled alcohol,” yet the motorist blew a 0.0? Sorry, that’s abuse of authority under color of law.
Whenever I hear an officer say he “smelled something,” I always say “Prove that, officer K9.” I don’t recognize “smell” as “Probable Cause.” Go fetch a search warrant, jerk. I’ll wait.
I would bet my rent money he is a LEO who loves putting knees in peoples backs, which is by the book police behavior that they all love doing.
Wrong, you fail ignorant fool. She was originally stopped because of the headlight on her car. (In fact, the Tesseners were caught in a blatant lie on the headlight not having problems.) Once he made contact with her, he smelled alcohol. As the report noted, she lied to the media and said that she hadn't drank anything. But she admitted to the Trooper that she was drinking earlier, and having been around people that were drinking. In any case, she refused to take the roadside tests, which is her right. The officer arrested her for DWI, based on his smelling of alcohol and other observations.
Here is what we do know...
The Tesseners and their internet allies claimed that the headlight was in perfect working order. The service records show that the headlight had been having numerous problems, and that she had been pulled before for those problems.
The Tesseners and their internet allies claimed that she hadn't drank anything. Yet she told the trooper that she had "one drink around 7PM" and had been around others who were drinking.
The Tesseners and their internet allies claimed that the parking lot was gravel, hence her refusal to take the roadside tests. Yet here is a picture of the parking lot in question: "http://www.nccrimecontrol.org/div/hp/documents/AttachmentCPhotoofParkingLot.JPG" NOPE... not gravel.
The Tesseners and their internet allies claimed that at the police station Wyrick allowed Gina one phone call and remained within inches of her as she called her husband. But the video released from the police station shows a much different scene.
The Tesseners and their internet allies claimed that at the station "He did the second one and told us to leave for that one, and Gina left to the other room, and I didn't. I stood exactly where I was, and he came up and put his chest within an inch of my shoulder telling me to leave." But the reality is that the video tells a different story. Wyrick told the Tesseners to leave after the result showed up and did not get as close to Hoyt Tessener as the couple said.
the officer in question is suspended. you fail.
No, she said she had not been drinking.
So you fully support the actions of the officer and the magistrate?
You can be certain that I am glad I don’t live in your beat.
I see you’re still fighting against freedom.
Did you read the whole article?
The officer was abusive to the women he arrested and to her husband.
The officer then orchestrated a traffic stop on her husband, and tried to get him to speed.
Its a regular occurrence.
cops are nothing more than foot soldiers for the tyrannical government. when it goes down, they will be firing shots at us on behalf of the govt. don’t for a minute believe different. sorry, that’s how it is in 2011.
She admitted to drinking, fool. Moreover, the smell of metabolized alcohol can linger on the breath LONG after the time when one will blow a .00. This is why researchers have cautioned that smell alone cannot accurately determine the alcohol content of a person’s blood. It’s also the reason that you are taken to blow in a breath instrument to accurately measure the content in your blood.
Try reading peer reviewed literature instead of comic books.
Moscowitz, H., Burns, M. & Ferguson, S. Police officers detection of breath odors from alcohol ingestion, Accident Analysis and Prevention, 1999 (May), 31(3), 175 180.
“..cop butt kissing class.”
Laz took time off once, and created a descriptive, evocative, and provocative term for what I always thought of as a “badge lapper”.
Laz had it spot on with “copsucker!”
It doesn't matter if thefactor reads the article. He will always support the cop no matter how egregious the action.
I’m not too big a fool to smell a dirty cop. You.
Nope. The officer who made the stop (Wyrick) was CLEARED. The other officer who send the text message with the F-word was suspended. (Smith.)
Thank you for demonstrating my point. You fail.
Cops dropping F bombs and showing utter contempt for the citizenry. The fact that Wyrick didn’t turn in Smith makes it clear that kind of language is routine. Whenever you talk to a cop, just remember that he considers you guilty of SOMETHING and if you don’t kiss his butt he’ll do his best to get you charged just to cause you a problem.
Did ya learn that at jack booted thug school?
So why was the cop suspended? hmmmmm
New neighbors introduced me to their kids a couple weeks ago. The 20 year old wants to be a State Trooper. Not so long ago, I’d have admired him. Now, sad to say, I just wonder what kind of emotional problems he has.
and I don’t care about what your dirty cop book says about how to generate revenue for your district.
‘showing utter contempt for the citizenry.”
They do that here on a regular basis.
yep, everything was perfect, but he is suspended. fail.
Are you cool with the attempt to entrap the husband?
I guess this is routine procedure?
She told the media that she hadn't been drinking. She admitted to the trooper that she had "one drink at 7PM."
She's a liar. Either to the media or to the Trooper. Take your pick.