During routine stop, driver allegedly won’t ID self or lower window, is forcibly take

[normanvin]

Does this sound right?

http://www.timesleader.com/news/Cops...8-15-2009.html

Cops: Uncooperative ‘John Doe’ jailed
During routine stop, driver allegedly won’t ID self or lower window, is forcibly taken from car, which, police say, endangered troopers.

By Edward Lewis elewis@timesleader.com
Staff Writer

A minister with Universal Life Church was arrested by state police at Pocono as a “John Doe” because he allegedly invoked his right to remain silent during a traffic stop for having a loud muffler.


Thomas Sweeney, a guitarist who plays in bands in Pennsylvania and New Jersey, was charged with endangering troopers during the stop Aug. 5 on the Northeast Extension of the Pennsylvania Turnpike in Bear Creek Township.

Police allege Sweeney refused to lower his window during the traffic stop and had to be forcibly removed from his 1991 Saab, placing troopers in danger on the turnpike, according to arrest records.

Sean McGeehan, a former band mate, said there were rumors that Sweeney was involved in a car crash, and he was surprised to learn that Sweeney is jailed.

“Tom isn’t a violent man. He’s usually cool, calm and collected,” McGeehan said. “He’s always looking at the good.”

McGeehan said Sweeney has been a minister for Universal Life Church for several years. He said he believed Sweeney was ordained in California.

Although Sweeney’s age and address aren’t listed on arrest records, McGeehan said Sweeney is from Cherry Hill, N.J.

Sweeney was charged with recklessly endangering another person, causing catastrophe and five vehicle code violations. He was arraigned by Freeland District Judge Gerard Feissner, who jailed him at the Luzerne County Correctional Facility for lack of $25,000 straight bail.

Sweeney remained jailed at the county prison on Friday under the name “John Doe.”

A day after Sweeney was jailed, he filed in county court a writ of habeas corpus, a 13-page petition claiming his arrest was unlawful and he is being detained illegally. He identified himself as a minister with Universal Life Church with a Dunmore post office address.

State police Sgt. Judith Holly-Storms, patrol commander of the Pocono barracks in White Haven, was unavailable to comment on Friday.

According to the criminal complaint:

Trooper Randal Hart stopped Sweeney because of loud engine noise from the muffler at about 2 p.m. Aug. 5.

Hart approached Sweeney and asked to see his driver’s license, registration and insurance cards. Sweeney refused to supply the information, instead, asking Hart to see his credentials.

Hart said he identified himself as a state police trooper several times to Sweeney. Sweeney told Hart he didn’t recognize Hart’s authority to stop him, and any information he gave Hart could be used against him in a criminal investigation.

Sweeney then invoked his right to remain silent, and demanded to be read his constitutional rights. Sweeney also told Hart to contact his supervisor.

Holly-Storms and two additional troopers assisted Hart. Sweeney refused to communicate with the troopers and ignored commands to lower the windows of the vehicle.

Holly-Storms gave the order to remove Sweeney from the vehicle.

Sweeney was treated at a Wilkes-Barre hospital for injuries he suffered when troopers removed him from his vehicle.

The criminal complaint doesn’t say what type of injuries Sweeney suffered.

Edward Lewis, a Times Leader staff writer, may be reached at 829-7196.

[gnbrotz]

Well, because he was driving, he was obligated to present his DL, registration and proof of insurance. It would be interesting to know how the refusal to roll down the window and further verbally communicate would have played out had he supplied the required documents.

[matty70]

Well, because he was driving, he was obligated to present his DL, registration and proof of insurance. It would be interesting to know how the refusal to roll down the window and further verbally communicate would have played out had he supplied the required documents.

I'd guess that he has a right to remain silent and probably would have been brought in for leaving the scene of an accident and other vehicle charges, sat it the cell silent waiting for a lawyer and bail.

[chrisjames_71]

I'd guess that he has a right to remain silent and probably would have been brought in for leaving the scene of an accident and other vehicle charges, sat it the cell silent waiting for a lawyer and bail.

Did I miss something here? leaving the scene of what accident? I didn't see mention of an accident.

Also, I do NOT have to mirandize you on a simple traffic stop. And as long as I can ID you, you do not have to talk to me. I'll just fill out your tickets, await your signature, and then be on my merry way.

[unclejumbo]

Yup, sounds right to me. If he supplied the documents required for the privilege of operating a motor vehicle on the highways of PA, he could have received his citation(s) and been on his way.

Since he refused to supply his DL, registration and proof of insurance he was arrested so he could be taken forthwith before a District Judge.

[normanvin]

I understand suppling the pappers. But causing a catastrophe.

Sweeney was charged with recklessly endangering another person, causing catastrophe and five vehicle code violations. He was arraigned by Freeland District Judge Gerard Feissner, who jailed him at the Luzerne County Correctional Facility for lack of $25,000 straight bail.

[GunLawyer001]

It would pay him to read "Bartleby, the Scrivener", by Melville.

But I suspect that he would prefer not to.

[Farbmeister]

How does just sitting there recklessly endanger another person?

LEO had to do their job and arrest/take into custody a person.

So if you resist they get you for resisting.

If you just sit there they get you for endangerment?

Show you papers. Lower the window just enough to pass them and on your way.

What does being a minister have *ANYTHING* to do with it? I was mentioned a dozen times.

[chrisjames_71]

How does just sitting there recklessly endanger another person?

I'd imagine his driver's side window was shattered and then he was pulled through the it and put to the ground (thats the way we've done it and yes it happens). I would think the endangerment portion comes in the fact that they were doing this on the turnpike.

[WhiteShadow]

How does just sitting there recklessly endanger another person?

It doesnt...at all. Not in the least. Whats that? The police had to break his window to get him out? How about you break his passenger side window instead, so you dont have troopers in the middle of the road??? Guess the cops didnt think of that.

Regardless, this suspect, clearly a highly intelligent individual , should of just shown his information, then shut his mouth. Instead, he chose to make things more difficult and open up the ability for the police to stack bullshit charges on him.