Motorists followed by an unmarked car with flashing police-style lights are often told to activate their flashing emergency lights and wait for the nearest well-lit area before pulling over. An attractive young female motorist who followed this advice found herself held at gunpoint, handcuffed and searched by real police officers in Greene County, Missouri last week. Just before 2:40am on June 5, twenty-two-year-old Vanessa Kimery passed through one of the state’s many speed traps. An unmarked police cruiser pulled behind her vehicle and activated its lights. Kimery immediately put on her flashers and slowed to acknowledge the vehicle behind. She then drove less than a mile to the nearest well-lit area, a convenience store parking lot. For this, Kimery was ordered out of the car at gunpoint and surrounded by three police deputies.
Kimery had feared that the unmarked car may have been driven by a police impersonator. Exactly one year ago, two women were attacked in Howell County by by a man driving a Ford Crown Victoria with red-and-blue lights mounted on the dash. Several other states have similar problems with robbers and rapists taking advantage of police use of unmarked cars to trap their victims on dark, rural roads.
This woman did exactly the right thing. Automatically pulling over for an unmarked car is way too risky. The cops owe her an apology.
Can someone whip me up a quick X Y graph of People’s Outrage at Incident vs. Woman’s Attractiveness. =)
She did everything correct except, she should have called 911 and told them instead, she called her dad. The police would have to her what to do and also notified the unit in question.
Y CUTE
y
y
y
XXXXXXXXXXXXXXXXXXXXXXXXX
Y
Y
Y
FUGLY Y
ANything above the X axis will be handcuffed and below will be tasered.
#60;
“Plain view” is different than probable cause. If the cop sees something in plain view from outside your car, they can seize it. That will generally be probable cause to search the rest of the vehicle.
Just being stopped for speeding is not probable cause to search the non-visible areas of a car.
One thing is for certain, if you are ever stopped by the police, do not waive your Fourth Amendment rights. Do not consent to a search. If the cop had probable cause, he wouldn’t be asking for your consent. If they want to search, make them get a warrant (in states that require it).
#61, Chuck;
Actually, the car was not unmarked. It had a $1,000 plus lightbar on top.
How do you know this? ESP? Cite your source.
The issue wasn’t that she failed to stop immediately, but that she drove nearly a mile.
In many places, my state included, it would be far longer than a mile in many locations before I would come to a lit spot to pull over. A mile is about a minute at highway speeds.
Search was based on probable cause that she committed a crime evidenced by her failure to yield for nearly 1 mile while the deputy attempted to stop her.
Actually, since she was doing exactly what many police agencies tell people to do when they are stopped by an unmarked car, this was an abuse of probable cause.
Bigger issue, why do you think police should be making traffic stops in unmarked cars? What are they hiding? What’s their motive?
Stop licking the jackboots; you’re getting covered in shit.
#63, Calvin13;
She did everything correct except, she should have called 911 and told them instead, she called her dad. The police would have to her what to do and also notified the unit in question.
How do you know she called her dad? Cite your source.
Further, you assume that everyone has a cell phone or get stopped by the police in areas with cell reception. The police should not make that assumption.
Leave it to the police to screw up. This is lawsuit material.
In fact, the cops must be fired.
Redneck, inbred Gestapo wannabees have no place on a police force.
“I couldn’t detect one good (legal) reason for handcuffing that woman. ”
Oh, do tell us what the legal reasons for handcuffing someone are. This woman did not stop, we see her reasons. If the police are detaining her to sort out the situation, they can cuff her.
Also, the police can legaly preform an “inventory search” of your vehicle with no warrent if they impound your vehicle. I dont see that happening here.
#69, Les;
You’re right.
But what about the other arguments raised in this thread?
You know, unmarked cruisers? Unreasonable search? The police being asshats for trying to site her for failure to yield?
Police are like any other profession, there are great guys, and there are asshats. They have a very difficult job, and I cut them a lot of slack. I have been known to tell the officer “thanks for doing your job” when recieving a citation.
I don’t know the details in her case about an unreasonable search. In many states no license / proof of insurance can instigate an “inventory search”.
Often the drivers attidue has a lot to do with the officers response.
None of us were there.
61-
Gotta love that last line ‘she wasn’t that attractive’! What in god’s name does that have to do with anything?
Again, she slowed to under the speed limit, put her hazards on, both things that police agencies tell people what to do when being pulled over by an unmarked car. Are these the actions of a drunk individual?
Of course they’re not. These 3 clowns were likely beaten up in high school and they make sure every day the general public feels their angst.
What are three cops doing there anyways? I didn’t realize that 3 cops in one car was commonplace. 2 cars you say? Why are 2 cars pulling over one person?
You people making up excuses for these clowns only make yourselves look more foolish. Just man up, say they screwed up, and move on.
Driver: I heard you don’t give tickets to pretty women.
Officer: We don’t. Press hard, you are making three copies.
#72;
You’re ignoring the question.
Just because they have a difficult job that means we shouldn’t hold our civil servants to a higher standard?
Stop licking the jackboot of authority.
I am undecided about unmarked cruisers. I can see issues on both sides of that question. I see the unmarked car as a great tool to catch speeders. On the other hand, it does cause concern for a lone woman being pulled over in a remote area. There was a woman killed localy (in Fort Collins) I think last year, after being pulled over by a man in a car with a flashing red light.
I think that most often, the police officers manners are greatly influenced by the drivers behavior. Understand that when the officer is approaching the car, he has to be aware that the driver may attack him. As the driver it is you job to show him that you are no threat. Dont get out of the car. Keep your hands on the wheel. Obey all commands. Be polite. Now is not the time to argue or question.
If the cops already know that there is a threat of people passing as police officers in unmarked cars than why do they use them for highway patrol? I understand the use on an unmarked car in an investigation involving plain clothes detectives but if a uniformed officer is going to go out and chase speeders then why doesn’t he simply use a squad car? The simplest answer is almost always the best.
#76;
I agree, treat cops with respect. But nothing on the video indicates the woman was disrespecting the cops in any way.
Cops have so many way enforce traffic laws, there’s no justification for unmarked cruisers to make traffic stops. They have instant-on radar, instantaneous LIDAR, undetectable VASCAR, aircraft, slick-top vehicles with state of the art interior emergency warning lights.
One scenario I can think of would be for road rage enforcement units to drive unmarked vehicles. However, there’s no reason why they couldn’t radio marked cruisers to make the traffic stop or take down license plate info and use video evidence to prosecute at a later date.
Sounds like natefrog is just pissed because he got a ticket for speeding.
#79, Michael;
No, I’m pissed because each day more and more of our rights are being abused and slip away. And I’m almost as pissed over cops using traffic laws for revenue generation rather than to increase public safety.
Do you want to stick to the topic at hand and contribute something useful? And, while you’re at it, care to answer the points of my above argument?
When I get caught speeding, it’s a calculated risk. I will eventually get caught, I know that. The cost is justified, in my view, as it happens approximately once every 5 years so far.
First time I got pulled over was for 87 in a 75 zone. It was justified, and I’m actually glad the cop didn’t VASCAR me earlier.
After that, I got a couple of warnings, each for doing 80 in a 75.
Most recently, I got a ticket for 84 in a 75. My speedometer had just recently indicated a speed of 78, which was verified by a passenger in my car. I think the semi beside me threw off his reading, honestly.
No at-fault accidents on my record. And no tickets, either, after taking defensive driving classes. …Which are a completely different money making joke for both the government and the private companies who provide the contracted service for the government.
Adequate disclosure for you?
Now answer my fucking argument.
#80,
not that I disagree with you in general, but how does an unmarked police car infringe on your rights?
As far as fines, they should be high enough to discourage violations. Speed cameras upset me, the whole right to face your accuser thing.
Perhaps some other use for trafic fines would seem more appropriate (uninsured motorist fund maybe).
A few days ago I passed way faster than the speed limit by an unmarked police car too. A few kilometers down the highway, there was a marked police car waiting for me to pass to intercept me and lead me to the first service station. It was a very well planned operation with no handcuffs, no guns being pointed to me, absolutely no intimidation to me done by the police whatsoever besides the knowledge that probably I’ll have my drivers license suspended, besides the fine I paid on the spot.
This happened in Portugal.
#80;
An unmarked police car doesn’t infringe upon rights. I’ve explained above why I don’t like them, in addition to others’ arguments at how these misunderstandings can happen, as well as criminals preying upon people’s willingness to stop for an unmarked car.
#69, Les,
Oh, do tell us what the legal reasons for handcuffing someone are. This woman did not stop, we see her reasons. If the police are detaining her to sort out the situation, they can cuff her.
There is the law and then there is the law as practiced by the police. Shit, the cops could have ordered her out of the car and to lay face down. They could have even maced her, tazered her, beat her with batons, or shot her 52 times. Then sorted out the situation.
The point isn’t what they could have done; it is what they did and their moral justification for that. The police are an arm of the government. Well WE are the government. When we lose that distinction and answer to A government, we are no longer a free people.
Handcuffing people for a traffic offense is the same as a cop yelling “assume the position” while pointing a gun at someone, or having a dozen cops kicking the crap out of three unarmed kids because of what might have happened.
Why is this news worthy? This officer drives an unmarked car for a living. I’m sure he’s used to people being a little hesitant about pulling over. He calmly told her to keep her hands where he could see them. Wow, what horrible abuse. It seemed pretty obvious he was just waiting on his partner to get there before approaching the car. There’s no way at night he could tell what was going on in the car. Maybe it’s somebody looking for a lighted place to pull over, maybe it’s someone trying to hide their drugs before they pull over, maybe it’s someone trying to get their gun out of the glove box before they pull over. SHE then decided to just jump out of the car, without being told to. Who knows why she’s jumping out? THAT’s why she was handcuffed. If she had just kept her dumb ass in the car she’d have gotten a speeding ticket, or probably just a verbal warning since the only reason you’d stop someone for 10 over (if that’s even true. Probably what the ticket was for after the officer reduced her real speed) is to look for something else, like a DUI. If you’ve never pulled over a car at night and had somebody bail out and charge your car then you have no reason to comment on this video since you have no idea what you’re talking about.
“If they want to search, make them get a warrant (in states that require it).”
Might want to check your facts first. No state requires a warrant to search a car because federal law says no warrant is needed and federal law overrides state law. If an officer has probable cause to search a vehicle, then it can be searched.(period) No consent or warrant is ever required. Don’t believe it? Look up US v Carroll, Federal case law from…..1920 something. NY v Belton. There’s plenty of others. There’s also plenty of other times a car can be searched without consent or a warrant. Incident to a lawful arrest (which is more what NY v Belton is about), as part of an impound inventory, etc.
so the federal law overwrites the constitutional amendment that states there is no right to improper search and or seizure?
“If they want to search, make them get a warrant (in states that require it).”
Might want to check your facts first. No state requires a warrant to search a car because federal law says no warrant is needed and federal law overrides state law. If an officer has probable cause to search a vehicle, then it can be searched.(period) No consent or warrant is ever required. Don’t believe it? Look up US v Carroll, Federal case law from…..1920 something. NY v Belton. There’s plenty of others. There’s also plenty of other times a car can be searched without consent or a warrant. Incident to a lawful arrest (which is more what NY v Belton is about), as part of an impound inventory, etc.
“If the cop had probable cause, he wouldn’t be asking for your consent.” All I can say to that is bullshit. I’ve seen plenty of guys ask when they didn’t need permission. Part of it is just being nice, most civilized people are raised from day 1 to at least act nice. Part of it is just to judge their reaction. Especially if they’re still in the car. As soon as you start talking about searching alot of people will without even thinking about it glance over to where whatever they’re hiding is. Makes the subsequent search go a lot faster.
And where’d all this “handcuffed AT GUNPOINT” talk come from? Is that just a bald faced lie or stupidity? The guy on the right doesn’t even have his hand near his gun. The guy in the middle has his hand kinda near his, as he’s reaching for his cuffs. And the guy on the left is holding his flashlight in his gun hand and trying to look past the chick into her car to make sure there’s not someone else in there. WOW, she has been so mistreated.
Many of you have these theories of what you think the officers should have done. I can tell that those of you who Don’t agree with what they did are NOT Police Officers and do not know anything about tactics or law. I had my eyes opened to a world that I did not know existed, when I became a Cop!
I don’t see how any of you who disagree can formulate any opinion about how the officers acted improperly if you never underwent training as a police officer! Furthermore, it may seem easy to condemn them, but I invite you to put on a uniform and do the job for a good week or two then formulate your Opinion! I personally have been on patrol in a very rough neighborhood in which I was disrespected and cursed out while in uniform, but when I changed into my street clothes to go home after a shift, and stopped at the same store on the post I walked, that same guy tried to sell me Weed!
Point is put on a uniform and see just how hostile people can become, they hate what you represent, which is order & control they don’t see a person! And just because we get paid to do this Unforgiving Job, doesn’t mean that we have to kiss the public’s ass and not show a sign of force in some way! That is our deterrent, and it keeps us and the public safe. Because statistics of Criminals who’ve Murdered Officers show that they felt that they could “Take” the officer because the officer looked Weak and employed Poor Tactics and Posture!
So before you monday morning quarterback anyone, at least be qualified to do so!
(p.s. this woman had a good reason for not stopping, I would’ve warned her and not issued a summons, but what If that wasn’t the reason she didn’t stop? And she had just robbed a bank or just killed someone, women shoot guns too! The next time, that could very well be the case!)
Why do Police use “unmarked” cars? Simple, to catch people in the act! If he had been in a marked car, do you honestly think she would’ve gone over the limit as she passed him? I even make sure I’m under/at the limit when I pass cops, and I’m a cop, I don’t get tickets even if I was speeding! So please stop being so one-way, think about what you’re saying! Do you really think that having an unmarked car does not help enforcement? Tell that to someone’s mom who lost a child to a drunk driver or a speeding teen!
CopCop, that’s what most people do when they pass by a marked vehicle. They slow down. I agree with the #19 poster. There is a time when unmarked cars are needed, but to conduct traffic control I believe most people get the point when they see a police car parked on the freeway.