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Posted: 11/23/2015 12:42:00 PM EDT
http://www.courts.state.va.us/opinions/opncavwp/2302144.pdf

On March 7, 2014, three law enforcement officers from the Frederick County Sheriff’s
Office were conducting surveillance of Freeman in connection with a drug investigation. When
Freeman left his residence and drove away, the officers followed. One of the officers,
Investigator Kahle, testified they were close enough to see Freeman’s face in the side view
mirror. Additionally, Investigator Kahle looked through the back window of the vehicle and saw
multiple objects dangling from the rearview mirror. He testified that there appeared to be two or
three objects clumped together so that he could not determine a single shape. The size alone of
the clumped objects caused Investigator Kahle to be concerned that the objects might impair or
obstruct Freeman’s view of the highway in violation of Code § 46.2-1054. The officers stopped
Freeman to investigate. Investigator Kahle took photographs of the air fresheners, and copies of
those photographs were introduced into evidence. The pictures reveal a cluster of several air
fresheners,
one of which appears to be a replica of a hand grenade, which hung from the
rearview mirror down to the dashboard of the car.
Freeman made two motions to suppress the evidence.
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Link Posted: 11/23/2015 1:04:43 PM EDT
[#1]
So what else was found in the car, the report said he was under investigation for drugs?

No one goes through this much trouble for a dangling object ticket.
Link Posted: 11/23/2015 1:09:16 PM EDT
[#2]
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Quoted:
So what else was found in the car, the report said he was under investigation for drugs?

No one goes through this much trouble for a dangling object ticket.
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Quoted:
So what else was found in the car, the report said he was under investigation for drugs?

No one goes through this much trouble for a dangling object ticket.


From the opinion:


Freeman was convicted of felony possession of a Schedule II substance, in violation of
Code § 18.2-250, and felony possession of a firearm while in possession of a Schedule II
substance, in violation of Code § 18.2-308.4. Because Freeman only challenges the reasonable
suspicion for the stop, we limit our review to that issue.
Link Posted: 11/23/2015 1:12:04 PM EDT
[#3]
Not sure why OP is posting this.  The law has been around since 1989.  

I learned not to have things hanging from my mirror back in 1997 when I got stopped for having some fuzzy dice.
Link Posted: 11/23/2015 1:18:39 PM EDT
[#4]
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Quoted:


From the opinion:


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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
So what else was found in the car, the report said he was under investigation for drugs?

No one goes through this much trouble for a dangling object ticket.


From the opinion:


Freeman was convicted of felony possession of a Schedule II substance, in violation of
Code § 18.2-250, and felony possession of a firearm while in possession of a Schedule II
substance, in violation of Code § 18.2-308.4. Because Freeman only challenges the reasonable
suspicion for the stop, we limit our review to that issue.



thanks, I thought I had read it all and might not have made it to the end. Some of the legal speak puts me to sleep.
Link Posted: 11/23/2015 1:19:50 PM EDT
[#5]
JBT fishing license... Nothing more. Follow the money.
Link Posted: 11/23/2015 1:30:43 PM EDT
[#6]
Why post it?

So folks know that the law really does get used.

I was in Fairfax traffic court not long ago, and I watched one cop get convictions on a half dozen drivers for this charge.

Yet, I have people argue with me, and deny that the shit hanging on their mirrors could even remotely cause a problem.

Keep screwing up at your peril.

If you only travel to Boy Scout meetings and church, and especially if you are not "suspicious-looking," your chances are better.

That's why.
Link Posted: 11/23/2015 5:56:53 PM EDT
[#7]
Seems like anyone w/ a GPS device suctioned to their windshield could be in violation of that traffic law.  Maybe an EZ pass too, if its not tucked behind he rearview mirror.  Something to think about if you don't like getting bullshit tickets or wasting time on the side of the road w/ police.  
Link Posted: 11/23/2015 6:25:05 PM EDT
[#8]
I'd venture that if the EZ Pass is affixed in the prescribed location, the ticket would not stand.

Any of that other electronic crap suction-cupped to the windshield is asking for it.
Link Posted: 11/23/2015 6:33:09 PM EDT
[#9]
I cant help but think this of some of the laws in Va ...
Link Posted: 11/23/2015 7:08:37 PM EDT
[#10]
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Quoted:
I'd venture that if the EZ Pass is affixed in the prescribed location, the ticket would not stand.

Any of that other electronic crap suction-cupped to the windshield is asking for it.
View Quote


The ticket probably would not stand, but the stop and evidence found during the stop would likely still be admissible.  

The same goes for the parking passes designed to hang from your rear view mirror.  They could result in a stop.
Link Posted: 11/23/2015 7:33:13 PM EDT
[#11]
Why is there never anger toward the asshat members of the General Assembly who make the laws?  It is always at the folks tasked with enforcing the laws that get the anger.  Makes no sense to me.  Scream at the asshole lawyers and law makers who come up with this crap.
Link Posted: 11/23/2015 9:12:23 PM EDT
[#12]
I keep an air freshener hanging from my rear-view mirror.  F 'em
Link Posted: 11/23/2015 10:11:54 PM EDT
[#13]
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Quoted:
parking passes designed to hang from your rear view mirror.  They could result in a stop.
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Quoted:
parking passes designed to hang from your rear view mirror.  They could result in a stop.



That was the previous case.

Parking pass.

Same result.

http://www.courts.state.va.us/opinions/opncavwp/1542132.pdf

UPON A REHEARING EN BANC FROM THE CIRCUIT COURT OF SUSSEX COUNTY
COURT OF APPEALS OF VIRGINIA Present: Chief Judge Huff, Judges Frank, Humphreys, Felton, Kelsey, Petty, Beales, Alston, McCullough, Chafin and Decker
OPINION BY JUDGE D. ARTHUR KELSEY FEBRUARY 3, 2015
LOREN ANTHONY MASON, JR. v. COMMONWEALTH OF VIRGINIA
Record No. 1542-13-2 2015

“In this case, a police officer testified that, while operating a stationary radar unit, he saw a sedan with a “dangling object” that was “hanging from the rearview mirror.” App. at 24. The officer testified that he “saw it clearly” as the vehicle “went by” him at “approximately 2:30 in the afternoon.” Id. at 21, 31. The object, reproduced below, was admitted into evidence.



…Given these facts, we agree with the trial court that a reasonable officer could suspect that the opaque, five-by-three-inch parking pass dangling from a rearview mirror might violate Code § 46.2-1054 and thus warrant an investigatory stop.”


Link Posted: 11/23/2015 10:30:34 PM EDT
[#14]
Ok, what about the safety sticker that the state of Virginia apply to the front windshield?
Link Posted: 11/24/2015 12:39:27 AM EDT
[#15]
The parking pass that Fairfax issues to all school employees likely violates state code if left up while driving.  

Discussion ForumsJump to Quoted PostQuote History
Quoted:



That was the previous case.

Parking pass.

Same result.

http://www.courts.state.va.us/opinions/opncavwp/1542132.pdf
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
parking passes designed to hang from your rear view mirror.  They could result in a stop.



That was the previous case.

Parking pass.

Same result.

http://www.courts.state.va.us/opinions/opncavwp/1542132.pdf

Link Posted: 11/24/2015 12:40:13 AM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Ok, what about the safety sticker that the state of Virginia apply to the front windshield?
View Quote


Its at the bottom of the windshield in an area where your hood usually obstructs your view of the road.
Link Posted: 11/24/2015 1:36:01 AM EDT
[#17]
You can technically fail a vehicle inspection if you have stuff hanging from the rear view mirror. Most inspectors simply remove it and place it in the passenger seat instead of failing the vehicle.
Link Posted: 11/24/2015 7:25:33 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The parking pass that Fairfax issues to all school employees likely violates state code if left up while driving.  


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Discussion ForumsJump to Quoted PostQuote History
Quoted:
The parking pass that Fairfax issues to all school employees likely violates state code if left up while driving.  

Quoted:
Quoted:
parking passes designed to hang from your rear view mirror.  They could result in a stop.



That was the previous case.

Parking pass.

Same result.

http://www.courts.state.va.us/opinions/opncavwp/1542132.pdf




It most likely states on the pass to remove it before driving. The parking pass for my work has that verbiage as did the handicap hanging tag my Dad had when he lived here in Va.
Link Posted: 11/24/2015 9:09:43 AM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Its at the bottom of the windshield in an area where your hood usually obstructs your view of the road.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Ok, what about the safety sticker that the state of Virginia apply to the front windshield?


Its at the bottom of the windshield in an area where your hood usually obstructs your view of the road.

Understood, however due to the design of my vehicle it directly obstructs my view of the road without having to crouch or move around.
Link Posted: 11/24/2015 10:15:13 AM EDT
[#20]
Well then enjoy your ticket and search citizen.

Discussion ForumsJump to Quoted PostQuote History
Quoted:

Understood, however due to the design of my vehicle it directly obstructs my view of the road without having to crouch or move around.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Ok, what about the safety sticker that the state of Virginia apply to the front windshield?


Its at the bottom of the windshield in an area where your hood usually obstructs your view of the road.

Understood, however due to the design of my vehicle it directly obstructs my view of the road without having to crouch or move around.

Link Posted: 11/24/2015 2:07:10 PM EDT
[#21]
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Quoted:
Well then enjoy your ticket and search citizen.


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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Well then enjoy your ticket and search citizen.

Quoted:
Quoted:
Quoted:
Ok, what about the safety sticker that the state of Virginia apply to the front windshield?


Its at the bottom of the windshield in an area where your hood usually obstructs your view of the road.

Understood, however due to the design of my vehicle it directly obstructs my view of the road without having to crouch or move around.


Link Posted: 11/24/2015 10:07:09 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Why is there never anger toward the asshat members of the General Assembly who make the laws?  It is always at the folks tasked with enforcing the laws that get the anger.  Makes no sense to me.  Scream at the asshole lawyers and law makers who come up with this crap.
View Quote

Gotta go with this.  Stupid fucks.
Link Posted: 11/25/2015 12:30:33 AM EDT
[#23]
I've never understood why people want to hang shit off their mirror.  Intentionally creating a blind spot in front of your vehicle just doesn't seem all that smart, IMO.  And bonus "stupid points" for anybody hanging a CD off their mirror so they can get blinded by the sun reflecting off of it.
Link Posted: 11/25/2015 10:43:21 AM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not sure why OP is posting this.  The law has been around since 1989.  

I learned not to have things hanging from my mirror back in 1997 when I got stopped for having some fuzzy dice.
View Quote


Fuzzy dice. A classic! Ha!
Link Posted: 11/26/2015 2:56:32 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Understood, however due to the design of my vehicle it directly obstructs my view of the road without having to crouch or move around.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Ok, what about the safety sticker that the state of Virginia apply to the front windshield?


Its at the bottom of the windshield in an area where your hood usually obstructs your view of the road.

Understood, however due to the design of my vehicle it directly obstructs my view of the road without having to crouch or move around.


The law has to be applied to every vehicle in as uniform a method as possible.
Thus the allowance for the upper few inches and lower few inches to be obstructed.

You get relief on the rear if you have dual outside mirrors.

Link Posted: 11/26/2015 9:07:55 PM EDT
[#26]
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Quoted:


Yet, I have people argue with me, and deny that the shit hanging on their mirrors could even remotely cause a problem.

View Quote


People still argue with me when I tell them that they can get a drunk in public charge while drinking on their own front porches.

That's another gem from our wonderful Court of Appeals, which might as well be called "the Commonwealth's rubber stamp."
Link Posted: 11/27/2015 4:22:46 PM EDT
[#27]
nvm
Link Posted: 11/29/2015 12:53:01 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Why is there never anger toward the asshat members of the General Assembly who make the laws?  It is always at the folks tasked with enforcing the laws that get the anger.  Makes no sense to me.  Scream at the asshole lawyers and law makers who come up with this crap.
View Quote


Let's be honest, here - no cop is pulling someone over only because of an air freshener hanging from the mirror. That's beyond ticky-ticky, even if the law supports the stop. They're doing it as a pretext to look for other things.
Link Posted: 11/29/2015 2:22:05 PM EDT
[#29]
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Quoted:


The same goes for the parking passes designed to hang from your rear view mirror.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I'd venture that if the EZ Pass is affixed in the prescribed location, the ticket would not stand.

Any of that other electronic crap suction-cupped to the windshield is asking for it.


The same goes for the parking passes designed to hang from your rear view mirror.


My pass blocks my view so it's taped on the windshield on the right side of the mirror.  It's high up and the rear view mirror blocks it so it doesn't bother my view now.

If military base pass stickers are ok, and inspection stickers are ok, and EZ Passes are ok, it would just make sense that what I did is probably illegal.  

EDIT:  That picture does not do it justice (lol - get it?!).  In the driver seat the mirror blocks all but maybe an 1/8" at the bottom.  Looks more like 3" in that pic, but it is not.

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