Erosion of Rights & Police Corruption

I was pulled over today in Rosendale, Wisconsin for allegedly traveling 46 MPH in a 30 MPH zone. I used the word “allegedly” because I know I was not speeding.

It was Sunday afternoon on a sunny, clear day. Katie Nelson and I had played a show that morning and were heading back to the Fox Valley. Katie had warned me that Rosendale is known as a speed trap, so I was very conscious of my speed as we entered the town, going under the speed limit by a few MPH. As we were pulling out of town, we passed a police car parked on the side of the road. I looked down at my speedometer, confirmed that was going under the speed limit, then looked back up at the road ahead. As soon as we passed the police car, the officer pulled out in our direction and turned on his lights. I remarked to Katie, “He must’ve got a call about a wreck somewhere.” To my surprise he sped up right behind me. I pulled over to move out of his way and he pulled over too. It was only then that I realized he was pulling me over.

The officer came to my window and gruffly told me that I was speeding. In disbelief I asked, “Really?!” We had come to a stop right near the speed limit sign, so I knew what the speed limit was and how fast I was going. He confirmed the allegation and simply demanded to see my driver’s license and vehicle registration. He made no mention of his name, didn’t show his badge, or ask me any questions. I handed him my driver’s license while Katie dug the vehicle registration out of the glove box. He took one look at my license, grinned greedily and said, “Oh, you’re from Indiana! Well, we’ll have to do this a different way.” He explained that since I am not a citizen of Wisconsin, that he would need “some assurance” that I would not flee the State of Wisconsin, escaping my “debt to the government.” His proposed methods were:

1. Post a $109.00 cash bond directly to him. I had $5 on me, so this was not an option.
2. Give him my social security number, which he was ready to scribble down on a little notebook. Red lights started going off in my head.
3. If I couldn’t pay or give a SSN, then he would have to take me to jail and sort things out on Monday.

I refused to do option 1 or 2, citing my concern with both options and expressed my disbelief that option 3 was a reasonable third option. I told him that even if I had the money, it didn’t seem right for me to give cash to an officer on the street. Nor did it seem wise to give him my SSN, which I have always been told to be reluctant to share with anyone, to an “officer” that acted nervous and unprofessional. I felt like I was suddenly in Mexico. I had to double check my GPS to make sure I was indeed still in the U.S. of Amazing. He reluctantly said he understood and would see what he could do.

When the officer returned to my vehicle he gave me a ticket citing me for the maximum charge for the alleged infraction. I took the paper and looked over it. I saw that he had written down that I was going 46 MPH in a 30 MPH zone, so I asked to see the radar gun. When I asked to see the radar gun, he looked flabbergasted and acted offended that I would ask such a thing. The way he reacted to my request made me feel like I was doing something wrong, but I knew that asking to see the evidence against me was not unreasonable. He then told me that he couldn’t show me the gun. In my mind I speculated about the reasonable explanations why he couldn’t show me the gun. Maybe it was affixed to his car’s dash? Or was there some law preventing me from seeing the gun? How do these guns work? Do they keep the high speed on the display? For how long?

Out of curiosity, I simply asked him why he couldn’t show me. Sheepishly, he explained that he couldn’t show me the “alleged” speed I was going, because he did not have his gun in “lock mode” (whatever that means). He claimed that the gun was “more accurate when it wasn’t in lock mode.” I asked if there was a print out or electronic record. He said there was no such thing.

My mind reeled. At this point everything felt weird. I began to worry that I was in the middle of a roadside scam.

Essentially, this “alleged officer” claimed that I had broken the law and owed the State of Wisconsin $109.00, but had no evidence of the “alleged” infraction. I pressed him further trying to get him to admit to this. I stated that this incident would basically come down to his word against mine. He claimed that “officers are trained observers” and that he “would win in court” against me.

He would not admit to anything else except that he had “heard complaints of Rosendale being considered a speed trap.” I expressed my concern that this whole operation seemed fishy and recapped the situation from my point of view: I was actively going under the speed limit, he had pulled me over with no proof of me breaking the law, acted unprofessionally (making my wonder if he was a poseur impersonating an officer), could not present evidence of wrongdoing, and demanded either cash or my SSN to avoid being taken to jail. I told him that all of these things made me seriously question whether this was a scam being run by a crooked cop or simply a guy that had access to a police car and uniform. I also explained that because it was Sunday afternoon, there was no way for me to confirm that he was legit, so it gave me even more reason to believe this was a perfect time to be hit by a scam. I did all of this calmly, without raising my voice.

His already poor attitude suddenly changed for the worse. He angrily threatened me with imprisonment until bond could be posted “for resisting law enforcement.” He asked me, “What’s it gonna be?!” I told him that the citation would be enough for me, thank you, and that I would proceed with things in court.

Lessons Learned

1. The justice system is not infallible.

   It is a human institution, susceptible to mistakes, bias, and injustice. But we must still hold it to very high standards, even at the smallest level. Consistency and diligence on the part of average citizens are the only guards against abuse.

2. Always ask to see the radar gun.

   If the officer can’t provide proof, there is NO evidence against you. By asking for evidence we are upholding our right to due process. We are not a police state (yet) and we must remain steadfast in requiring just enforcement.

3. Don’t admit fault.

   You will have your time in court to make your plea. You are innocent until proven guilty. Our entire justice system is built upon this basic premise. Hold onto that precious presumption of innocence as long as possible.

4. Never give an officer cash, your SSN, or other valuable items/information.

   Complying with these roadside demands is dangerous and prone to abuse, opening the doors to cronyism. You are the only thing keeping our system corruption free. By law, you are required to provide only your drivers license, vehicle registration, and in some cases, proof of auto insurance.

5. Be respectful.

   Jerks will get nowhere and often end up instigating more charges. Speak kindly, clearly, and firmly. Gently ask for light(er) treatment, proof of evidence, and the officer’s information. When things sour (hopefully not on account of you), politely thank the officer and agree that things will be settled in the proper venue.

6. Record the incident, if possible.

   As soon as you are pulled over, start recording audio, video, still photos, and data. Use your cell phone, camera, pencil and paper, whatever. Document the facts. Have a friend help. Just get the information recorded somehow. You have the right to do so and it may be the only to protect you in court.

Updates about the Rosendale Speed Trap

T-Shirt: ROSENDALE, “Just the Ticket!”

At the local gas station, you can buy a t-shirt that says, ‘ROSENDALE, “Just the Ticket!”’ If this isn’t evidence that there’s a unchecked police problem in Rosendale, I don’t know what could convince you.

Embedded photo by Flickr user PMcC in WashDC

Facebook Group: Rosendale, just the ticket…

If you’re looking for other people that have suffered at the hands of the police in Rosendale, look no further than the “Rosendale, just the ticket…” Facebook Group.