Well, was the sound eminating from your car that loud? Did you pass the agent as you travelled?
It seems to me that the agent's use of force to separate your legs was unreasonable.
Study the law regarding "level of noise" perhaps you can determine that it only applies to corporrate activity: ie, construction (which is usual), and see if the required elements were all present when you were stopped.
also, study up on how sound travels in the atmosphere, it's neither uniform nor for long distances! You said that the agent said he was more than a block away? what kind of terrain were you in, what kind of building? concrete jungle (think manhattan, ny; or woods; or flat field or farm region? All this affects what sound can do and how far it can travel; also the weather at the moment affects sound - humidity, precipitation, tempurature, wind, even ambient light level can be an indicator of the performance of sound.
that's all I got so far.
your anointed brother idknow.
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Originally Posted by HighPriest
Peace and Blesssing to all
I'm a new member. I'm prayful that someone can assist me.
Back in August, I and my sister were pulled over by a Washtenaw County Sheriff for violation of noise ordinance. When, the office approached my car I asked him what he was stopping me for. He said my music was so loud that he could here it a few blocks away. Well, I gave him my license and vehicle registration and proof of insurance. He went to his patrol vehicle and about 5 minutes later. He approached the car and asked me to step out the vehicle. I asked him why, He said with more volume please step out the vehicle now. I continue to ask why, and then he unclipped his holster and began to reach for his gun. I immediately got out of the car (fearing my life). He said there is a warrant for my arrest. He asked me to step to the back of the vehicle. He asked me to spread my legs. He asked me to spread them wider. I didn't, because I was almost doing the splits. He became upset and kicked my legs apart even further. He searches me. I told him you*re making a mistake. He handcuffed me and walked me back to his vehicle. Another sheriff pulled up behind his patrol car. He asked the fellow sheriff to escort my sister to their patrol car and search my vehicle. While I was in the back seat of his vehicle, he was confirming information about the warrant with the dispatcher. Well, it turned out that the sheriff didn't get all the correct information. The warrant was for a David Allen Smith. My full name is David Anthony Smith. The dispatcher confirmed that it was for David Allen Smith. The sheriff tried to dig deeper by asking more questions. The dispatcher gave him everything. I was release and still given a ticket for noise violation and to appear 15 days before a magistrate.
I went to court to appear and stood before the Magistrate. He asked me on the charge of violating the Noise Ordinance. How did I want to plea? I said not guilty. So, I'm scheduled for a pre-trial on Tuesday Nov 8th at 2pm with the Prosecutor.
I know I can get this charge dismissed. How can I go about doing this? Oh, one thing. This sheriff didn't even say he was sorry! It would be nice to have him say sorry to me before the Judge. That would make my day!!
Thanks for your help
Psalms*1:1-2
Blessed is the man that walketh not in the counsel of the ungodly, nor standeth in the way of sinners, nor sitteth in the seat of the scornful
But his delight is in the law of the LORD; and in his law doth he meditate day and night.
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