Kevin Jette, who was stopped Monday by the irate Connecticut State Trooper, dropped a video statement in an effort to “set the record straight” on a few things from the previous video.
With this video and the ones no doubt coming after, Kevin is digging himself down a dark hole that, apparently, whoever is coaching him knows nothing about law enforcement, the law or the incident.
While we didn't see was the Trooper driving erratically behind him, it doesn't matter. Kevin is not qualified to spot erratic driving and it just makes him sound ignorant for even trying to explain it.
He is right, however, shooting a bird did not give Spina the right to stop Kevin or treat him the way he did in the video. Unfortunately, by his own admission, Kevin was speeding. His “probable cause” to make the stop was the speeding that was confessed to on video.
It's not a Speed Suggestion
The speed limit is 40 and, even if the speed limit was 50 – it wouldn't be 51 and it surely wouldn't be 60. There's no fine print under the speed number that says unless everybody else is going above it.
“Everyone else was speeding” is not a valid defense for speeding.
I've read a few armchair lawyer comments about how you can justify speeding by following the flow of traffic. That's meant for slow drivers that want to drive 20 mph on the Interstate, not for speeding.
It's a myth right up there with “You have to tell me you're an undercover cop, otherwise it's entrapment”. Both statements are nothing but nonsense crap that's only said by someone wanting to sound like they know what they're talking about, but they really don't.
Kevin was the one that got caught, by his own ignorance, according to his own admission. I could go on a tangent about going fishing and not being able to catch all the fish, only the ones you caught, but I won't.
And Kevin is also right – shooting someone a bird may be a “Constitutionally protected act”, but just because it's protected doesn't mean you can just get away with everything you do around that time.
Oh, dammit, he shot me a bird so I cant stop him for speeding.
He didn't see your weed, man. He smelled it.
That's why he didn't know where it was and that's why he had to ask you where it was. An odor of marijuana coming from a vehicle is probable cause to search the vehicle. No warrant is needed. He wasn't pretending that he saw anything, he smelled it and he knew it was in there. Kevin just confirmed it.
A driver license, registration and proof of insurance is something officers conducting a traffic stop might ask for. But they might not. If they are only giving a verbal warning, they generally have no reason to ask for it. If they are going to give a warning, but then the stop turns into a probable cause search – when they are on the Interstate conducting the stop and search alone, maybe they will wait until the search is over.
Along those same lines, a ticket is not required on a stop. Thats one of many enforcement actions law enforcement has at their disposal – verbal warnings being one as well.
I have no clue what was going through Trooper Spina's head that day, but I do know two things:
- Spina should not be on the road
- Please, for the love of God, Kevin should fire his coach and shut the hell up until he learns what he needs to know.