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The Day I Got Frisked (Patted Down)
It's been 24 hours since the incident, though I've had time to reflect- the event still seems beyond belief. The event took place in Lowndes County, Alabama (a suburb of Montgomery) around mile marker 152 on I-65 South. I put this story up to let others know what happened. I never thought being frisked would happen to me in the United States, I thought if it ever occurred, I would be in a foreign country. One minute I had freedom, the next I don't.
December 5, 2008 - 5.43 p.m,
Ashley and I were on our way to do a picnic in Louisiana, we left in a Ryder Rental truck around 2 p.m. (eastern time) to head out for our 10+ hour drive from Atlanta, GA to Lake Charles, LA. Ashley started off driving and drove the 3 hours to Montgomery, Alabama where we stopped in at a Best Buy and grabbed dinner from a McDonald's. We left Montgomery around 5.30 p.m (central time), and I am now driving. It's dark outside as I take the wheel. I've been driving 26 ft long Box moving trucks since I could legally drive them at age 16. Driving our rental truck shouldn't have been an issue on this particular day. I practice many of the same techniques Commercial Drivers practice: filling up at truck stations, entering weigh stations, flashing your lights when a truck has passed and has clearance to return to your lane, moving over for vehicles pulled over on the shoulder, tapping your breaks to let others behind you know traffic is stopped ahead. So routinely I pulled in the passing lane as I was about to pass an Alabama State Trooper who had someone pulled over on the shoulder. Just as I arrived at the scene, the Alabama State Trooper pulled back on to the Highway (Interstate 65). Going 65 mph I over took the Alabama State Trooper. I moved back into the right hand lane and waited for the State Trooper to overtake me after the Trooper had regained his speed. The speed limit on this section of I-65 is 70 mph, though our rental truck is governed to only go 65 mph, so I was surprised when the State Trooper falls back, and doesn't overtake me immediately. Other cars on the Interstate are unwilling to pass the State Trooper, as is common when a Police Officer travels a highway.
The Alabama State Trooper never gets over 65 mph, nor does he hang on my tail. My thoughts at the time were the State Trooper is finishing up on a report from the last stop; or waiting to see which vehicle is courageous enough to go flying by his trooper car as the flow of traffic behind him is going 65 mph in a 70 mph speed zone. Several miles go by, and the State Trooper hangs back, I keep thinking this is odd, I'm waiting for the Trooper to pull off and hide somewhere or make a u-turn in an "Authorized Vehicle" turnaround and head north on I-65. Nothings happening, the Trooper fades in and out never getting very close... Suddenly BLUE LIGHTS FLASH and the Alabama State Trooper is hugging my rear bumper. I slow down, slightly move over to allow him to pass because a crowd of cars have piled up behind the Trooper from all the miles... I'm thinking the Trooper isn't able to get in the left lane. The Alabama State Trooper won't pass. The Trooper wants me, and I get an eye-full of SPOT LIGHT, quite a blinding experience when you look back in your side mirrors. I slow down, think of where to pull off. I tap my brakes several times to let the Alabama State Trooper know that I understand the Trooper is wanting ME!
I think of where to pull over, and decide on pulling off at the next exit. Having grown up by traveling the highways all across the United States, having walked and biked on highways and byways on a shoulder, seeing "wild" police video- I just thought pulling to the next exit would the best place for the Trooper to stop and ask me questions. I slow the truck down, tap my brakes several times, look for my flashers (though I am unable to find the flashers), and try to show the Alabama State Trooper that I am not trying to elude.
We seem to be in a remote section of Alabama. Coming out of Montgomery where there was an exit every 1/4 mile. The next exit seems non-existent at the time, as time has now slowed to a lifetime in every second. The sign for the next exit being 1 mile ahead is here. I take Exit 151 and go on the off ramp and pull into the lighted Pace Car gas station across from the BP station (the only residence at EXIT 151). I open the door and wait for the Alabama State Trooper to approach.
Lowndes County, State Trooper Bruce Little:
"GET OUT OF THE TRUCK!"
- I exit.
Trooper Little:
"WHAT'S YOUR PROBLEM?!"
- "What problem, What do you mean?" (Billy)
Trooper Little:
"PULL YOUR HANDS OUT OF YOUR POCKETS!"
"WHAT'S YOUR PROBLEM?!"
- "What problem, What do you mean?" (Billy)
Trooper Little:
"TURN AROUND, PUT YOUR HANDS AGAINST THE TRUCK!"
- I comply, placing my hands against the cold metal of the side of the boxed truck
The State Trooper starts to approach me...
"Is there a reason why you are doing this?" (Billy)
Trooper Little:
"YEH, I DO GOT A PROBLEM, I FOLLOWED YOU A MILE WITH MY BLUE LIGHTS AND YOU FAILED TO PULL OVER!" (State Trooper)
- The State Trooper pats me down, YELLING on top of me, asking "WHAT IS YOUR PROBLEM?" & "WHY ARE YOU RUNNING?"
"Can you talk to me in a normal voice?" (Billy)
-YELLING
"Can you talk to me in a normal voice?" (Billy)
As the State Trooper searches down the right side of my body, I tell him there is a knife in the lower pocket of my cargo shorts.
"IS THIS YOUR LICENSE?!"
"Yes" (I slowly replied)
-The Trooper takes a few steps away, and looks at my license
"May I take my hands down?"
- I assume the Trooper is staring me down, though all I can see is a silhouette of Officer B.A. Little's head. The Trooper's spot light blinds any facial features of Trooper Little.
"JUST FOR THAT!, YOU CAN KEEP THEM UP THERE!" (Trooper Little)
- Officer B.A. Little continues to YELL (Random Shouting) as I try to get a word in as to why I chose to pull over at the next exit. Trooper Little is YELLING that I was ELUDING (running) and pulling me over for Weaving (Improper Lane Usage)
"YOU WENT OVER THE WHITE LINE TWICE!" (State Trooper B.A. Little)
"Okay" (Billy)
"SON, DO YOU KNOW IN THE STATE OF ALABAMA ATTEMPTING TO ELUDE A POLICE OFFICER IS A FELONY OFFENSE?"
Trooper Little's continues to Yell as I plead to get a word in as to why I pulled off at an exit and not immediately when Trooper Little flashed Blue Lights.
I continue to plead that I was pulling over in a "safe" place... (over and over I say this).
State Trooper Little ask me to step to the back of the truck and wait as Trooper Little goes back to his vehicle
Another Alabama State Trooper has pulled up to the Pace Car gas station at this time.
I am still trying to explain my case as to why I waited to pull off at the first exit -
"I just thought pulling to the next exit would be the best place. I thought I had a right to pull over in a "safe" place. I slowed down, tapped my brakes several times, tried to turn my flashers on (I couldn't find them), and showed you I understood that you wanted to pull me over. I thought..."
"CAN YOU EVEN THINK OF WHAT COULD POSSIBLY BE GOING THROUGH MY HEAD? - YOU CAN BE PACKING UP DRUGS, PULLING GUNS ... - HOW DO I KNOW WHAT YOU'RE DOING?" (Trooper Little)
"Well how do I know you are a Police Officer?" (Billy)
The second TROOPER immediately steps into my face.
I take a step back away from him.
The new Alabama State Trooper tells me I'm not listening
More of the same goes on. I try to explain calmly for the new Trooper that I was only thinking this was a safe place to pull over, and that I had the right to pull over in a "safe" place instead of on a shoulder on an Interstate where cars are flying by, it's pitch black, and I'm in a big truck. I thought pulling to the next exit would be the safest place to pull over.
Statements from both of the Alabama Troopers follows:
"IF I WAS ANY OTHER STATE TROOPER YOUR TIRES WOULD HAVE BEEN SLASHED."
"If you were in a car I would of run you off the road, and you would be in the ditch. But it's obvious in this truck, we can't, you would have messed up the car."
"You're lucky you are not looking down the barrel of a gun."
"WHAT DID THEY TEACH YOU ARE SUPPOSE TO DO WHEN YOU SEE BLUE LIGHTS?" (Second Trooper)
- I stated: "Yield"
"WHEN YOU SEE BLUE LIGHTS YOU IMMEDIATELY PULL TO THE RIGHT!" (Second Trooper)
"DO YOU HAVE MONEY IF WE IMPOUND THIS TRUCK? YOU GO TO JAIL!...
WHO'S GOING TO PAY TO GET THIS TRUCK OUT?, MR. BOSS MAN?"
Second Trooper:
"I know what you're thinking of, you're probably thinking about ... 'The Gentleman's Rule' (Where a lady can go a little further because she is female)"
In reference to me stating that I thought I had the right to pull-over at a "safe" place.
State Trooper:
"1/2 mile or 1 mile is Okay; but 1.5 miles is toooo far."
State Trooper:
"This is not the place to fight, you fight in a Courtroom."
State Trooper:
"IF YOU WOULD HAVE JUST PULLED OVER, WE WOULD OF TOLD YOU GO GET A CUP OF COFFEE, AND GO ON." (Second Trooper)
State Trooper:
"OBVIOUSLY YOU'RE NOT GOING TO GET AWAY IN THIS TRUCK!"
Trying to plead why I pulled over at a safe place just doesn't seem to get anywhere.
Trooper Little:
"DO YOU HAVE A PASSENGER?"
Trooper Bruce Little heads to the cab of our truck to speak with Ashley.
Trooper Little:
"Hi, I am Officer Bruce,
I just wanted to let you know why I pulled you over. You guys went over the white line twice, and I was worried about your safety.
It's obvious you guys are in a Ryder truck, you are not going to out run me.
If you were driving, and you saw Blue Lights, You Obviously pull over, right?" (Trooper Little)
Ashley:
"No Sir, I've been on the side of highways several times as a pedestrian, and passing cars can't see you until the last second, it's very dangerous" (Ashley)
Trooper Little:
"You don't have to get out of the car."
Ashley:
"Sir, We are concerned with your safety as well."
Trooper Little:
"That is at my discretion to decide."
Trooper Little leaves on that note and heads back towards his car.
Second Trooper talking to Billy:
"How old are you? Have you ever heard of the lesson: "Shit Happens!?. Take this as a lesson"
"I believe in Reason" (Billy)
Trooper:
"Go Get Warm inside that Truck"
"No That's Alright" (Billy)
And to close at our conversation before handing me my ticket, Officer Bruce Little continues to heckle me with: "Are you the Low-Man on the Totem Pole?"
Trooper B.A. Little:
"Are you the Low Man on the Totem Pole?"
- I don't reply
"You must be the Low Man on the Totem Pole"
"Everyone in the company drives a truck." (Billy)
- In reference to me having to drive a boxed truck from Atlanta to Louisiana
The shenanigan finally ends. The Troopers are able to come to an agreement that I wasn't trying to elude, that I mistakingly thought I had the right to pull to a "safe" place. I am given a ticket for Improper Lane Usage. The Troopers tell me I can fight the ticket in court. The State Troopers tell me to go back to the truck and get warm. They head on. Leaving us at the gas station, and me marveling over a situation where I thought I was in control of my freedom tonight, but I had a rather awakening experience where my rights became disposable at another person's discretion. I decided to write the incident down, not to try and tarnish those that give their life everyday to serve the public; but to let others know a daily routine of traveling America's highways without incident for a lifetime turned me into a threat to the State Trooper and society. I want to state what happened to me, in south Alabama on a Friday night, three weeks before Christmas. There is hope I can obtain the video from the Trooper's vehicle to show others what I experienced and the demeanor which the State Troopers displayed mainly through their words. I thought I was doing the right thing by pulling to a "safe" location for me and the State Trooper. At no time on I-65 did State Trooper Little come along beside the truck, or in front of me to let me know I must pull over immediately (maybe it was for his safety to stay on my tail). During the entire ordeal, Ashley remained in the passenger seat of the truck. The ticket states I was "at or near" mile marker 152 when the offense was committed. I pulled off at Exit 151 (One mile away from where the Officer Blue Lighted me). The event took place in Lowndes County, Alabama (Located in South Alabama in the Montgomery metro area). The ticket was for IMPROPER LANE USAGE. Trooper Little stated I went over the white line "twice". Twice within the few miles Trooper Little was behind me? Twice when? I have to drive 3.5 hrs to find out exactly what Trooper Little is claiming or pay the fine. Asking a professional truck driver whether trucks go "over" the white line within the 4 foot margin of error could lead to twice being a euphoria for all truckers. I'm not a professional, it says so on the side of my truck. I am certain I never "flagrantly" cruised in the other lane or into the shoulder until Trooper Little Blue Lighted me and I attempted to let him pass by. And to think if I would have just immediately pulled over, I would only be asked to buy a cup of coffee and move on. Improper Lane Usage (Statute 32-5A-88) states that I, "Did unlawfully operate a motor vehicle or other vehicle at or near I-65 within the County of LOWNDES at or near 152MM in violation of Section 32-5A-88 (Code of Alabama, 1975) duly adopted and in force at that time the offense was committed." I have been unable to find information on a driver's rights when they are blue-lighted in Alabama. Under the law in Georgia, "Whenever a motorist driving on the roadways of this state [Georgia] is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehiclés flashing lights or turn signal. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit." (http://www.legis.state.ga.us/legis/2005_06/fulltext/sb64.htm)
- The Court Appearance is set for January 6, 2006 at 8.30 a.m. I am going to be out of the country in South America at the time of the court date. As of this writing, I do not know how much the ticket cost. I am trying to fight the ticket, but the drive one-way to Lowndes County, Alabama is 3 1/2 hours from Atlanta, GA. The Lowndes County website states: "Normally, Traffic Court receives traffic tickets from police agencies between seven (7) and ten (10) days after a ticket was issued to a motorist. Upon receipt, Traffic Court employees enter the tickets into the Court's computer, and the ticket is immediately available for processing. Please remember that no action can be taken on a specific traffic ticket until it is available for processing on Traffic Court's computer system. Therefore, please wait at least seven (7) days from the ticket issue date before contacting Traffic Court to take action on that traffic citation." (http://traffic.alacourt.gov/generalinfo.aspx?county=Lowndes) Lowndes County District & Circuit Court Address: 1 Washington Street, Hayneville, AL 36040. Office Hours 8:00 a.m. - 12:00 p.m. and 1:00 p.m. - 4:30 p.m. (Monday-Friday) except on holidays.
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