Discrimination?

[Robertino Maldonado]

Jurisdiction

Ohio

Daughter pulled over because exhaust was loud (her car is not loud). Police asked her to get out, and they searched her purse and car. Then let her go with no warning of exhaust. Is this legal?
Mind you she is half black in a stereo-typical small town. I hate using the race card... And maybe its not racism at all. I want to be as objective as possible. But can they pull her over and search her car with no warrant, but just because supposedly her exhaust was loud even though we know it's not?

 

[Tax Counsel]

Daughter pulled over because exhaust was loud (her car is not loud). Police asked her to get out, and they searched her purse and car. Then let her go with no warning of exhaust. Is this legal?
Mind you she is half black in a stereo-typical small town. I hate using the race card... And maybe its not racism at all. I want to be as objective as possible. But can they pull her over and search her car with no warrant, but just because supposedly her exhaust was loud even though we know it's not?

In your opinion the exhaust is not loud. Perhaps it is loud as perceived by others. Different people have different views as to what is loud. What matters is whether the cop had a reason to make the stop. Even if you don't think the exhaust was loud, if the cop had reason to believe it violated an applicable noise ordinance that would justify the stop.

The cop may search the car if she gave consent for the search. Did she?

In most cases it is next to impossible to know if the cop was really just hassling her because of her race. As it appears the cops just let her go after the stop there is really no point in pursuing it in court as there'd be very little to win even if she could prove the stop was discriminatory.

 

[adjusterjack]

but just because supposedly her exhaust was loud even though we know it's not?

You don't know that. Not without a decibel meter which you can buy on Amazon and convince yourself.

 

[zddoodah]

Daughter pulled over because exhaust was loud (her car is not loud).

Are you making a distinction between the exhaust being loud and the car being loud? Or are you expressing disagreement with the cop who pulled her over? If the latter, your subjective assessment is meaningless and irrelevant.

Police asked her to get out, and they searched her purse and car.

Did she consent to these searches?

Then let her go with no warning of exhaust. Is this legal?

Depends on the factual basis for the search and whether your daughter consented.

can they pull her over and search her car with no warrant, but just because supposedly her exhaust was loud even though we know it's not?

Having a loud exhaust, by itself, would not justify a full search of the car or the driver's purse.

In most cases it is next to impossible to know if the cop was really just hassling her because of her race. As it appears the cops just let her go after the stop there is really no point in pursuing it in court as there'd be very little to win even if she could prove the stop was discriminatory.

Concur.

 

[army judge]

Daughter pulled over because exhaust was loud (her car is not loud). Police asked her to get out, and they searched her purse and car. Then let her go with no warning of exhaust. Is this legal

Sounds legal and appropriate to me.

The police used their DISCRETION, did their jobs, and sent your relative away without a citation.

The officers impress me as being very fair.

Don't block your blessings.

Mind you she is half black in a stereo-typical small town. I hate using the race card...

Yet you obviously used the race card.

Most people don't care what race or ethnicity people are, just how they behave or misbehave, especially the poluce.
Their job is observing people and things.

an they pull her over and search her car with no warrant, but just because supposedly her exhaust was loud even though we know it's not?

Yes, a vehicle can be searched without the driver's consent in certain circumstances.

A search can easily be performed if the police gave probable cause to do so, such a a canine alerting.

It can also be done without a warrant if the driver gave her/his consent after being asked to search the vehicle.

just because supposedly her exhaust was loud even though we know it's not?

You aren't the arbiter of the vehicle's noiseiness.

If you'd like an objective decision take the vehicle to a garage and ask a mechanic if it is street legal, or buy a decibel meter and prove it.