Test-driving while black (man arrested during BMW test drive)

[Recursion]

http://www.wsbtv.com/news/news/local/man-arrested-during-test-drive/nX5Qn/

Jon-Christopher Sowells had just driven a BMW out of Philips Motors on Highway 78 in Snellville when an officer stopped him.

Sowell told Channel 2’s Kerry Kavanaugh he pulled over, unclear about why the Snellville police officer stopped him.

"He said you don't have any tags on the car. I said, ‘No problem, I don't have any tags on this car because it's not my car. The dealer is right there we can get it all clarified,’” Sowells said.

...

"The dealer comes out to pick the car up and at this point, I'm thinking we can all go home everything is OK now. No it's not OK, I'm going to jail," Sowells said.

[dembotoz]

1. this is stupid

[hfojvt]

56. the story is stupid

did you read the link?

He was arrested because he acted all paranoid instead of acting innocent and cooperating.

I've gotten pulled over for not having a license plate (because the state had not mailed them to me). I was cooperative, left my car to sit in the police cruiser and answered questions and such, got no ticket and was allowed to go on my way.

I think dealers usually have dealer tags on cars, to avoid trouble like this.

Well, when you force the police to call back up and drag you out of the car instead of cooperating like a law-abiding citizen, then you are gonna get charged for that whether you are black or white. Charges might be dismissed, or he may have a fine and/or community service.

[randys1]

77. NO H E DIDNT GOD DAMMIT NO HE DIDNT GOD DAMMIT NO HE DIDNT GOD DAMMIT

because it's not my car. The dealer is right there we can get it all clarified,’” Sowells said.

Sowells said he asked the officers to call the dealer three or four times, then the officer asked to see some paperwork on the back seat. Not knowing what the papers were, Sowells refused.

and why he was pulled over in the first place



FUUUUUUUUUUUUUUUUUUUUUUUCCCCCCCCCCCCCCCCCCCCCCCKKKKKKKKKKKKKKKKKKKKKKKKKK

sTOP MAKING FUICKING EXCUSES FOR THESE FUCKING COPS

[roody]

78. Let me guess. You're white.

[Blue_Tires]

2. What the fucking hell??

He'll be able to afford a Lambo after his lawsuit is done...

Can a dealership even let you test drive a tagless car? I know in Virginia they have to slap on paper or magnetic temporary tags

[Iggo]

3. Yay, Cops!

They're the best!

[Blue_Tires]

21. Sad to see how many posters swallowed the "official" police account hook, line and sinker...

Of course none of them will be around when this bullshit "obstruction" charge gets dropped...

[Renew Deal]

30. You don't need the "police line." The driver speaks for himself

"Sowells said he asked the officers to call the dealer three or four times, then the officer asked to see some paperwork on the back seat. Not knowing what the papers were, Sowells refused." (Strike 2)

“They asked me to get out of the car. I said 'I don't feel comfortable.'

[pnwmom]

52. He was driving around with no plates. Do you have evidence that's not true? n/t

[Dustlawyer]

4. He was arrested instead of ticketed?

Sounds pretty bad - for the cops!

[Nay]

16. Indeed! Mr Sowell, you just won a big lawsuit! Sorry you still had to go through the

DWB thing, though. It seems like COPS STILL DON'T GET IT.

[Iggo]

22. Yep. That'll learn him.

Know you place!

[warrant46]

5. Aah ---To Protect and Serve

Don't question the authority of Law Enforcement and argue with the lower double digit I. Q. s of a few Patrol Officers.

They are sometimes less willing to be polite as many think they are defending the nation against "muslin terrists".

It is also apparent that if this guy were white and wearing a coat and tie, they would have done nothing.

This Georgia police force needs some training in patience if nothing else.

[LisaL]

6. I tought dealers go with the person on the test drive.

[marmar]

7. Not on my recent test drives.

[1monster]

10. The last two or three cars we bought, they let us take the cars home for a weekend test

drive... I don't even remembe signing anything before the test drives...

[Blue_Tires]

9. Not always...Depends on the type and value of the car

[City Lights]

19. Ditto.

I have never taken a car for a test drive without the salesman riding along. Different dealership; different rules I guess.

[Hassin Bin Sober]

28. They are supposed to.

I worked in a dealership for 10 plus years.

Out insurer required a dealership employee ride along. Every once in a while, we would crack down and mandate the salespeople ride along but it just wasn't practical 100% of the time.

As for plates. We had a few instances of customers pulled over due to lack of dealer plate. I don't recall any tickets issued but the few times it happened I remember the employee being present in the vehicle. IIRC, the employee got a stern talking to.

I do remember some dick head cop writing a ticket to our service assistant manager when he was test driving a CUSTOMER'S car with expired plates. That was an asshole move.

[tammywammy]

33. I worked at a VW dealers for 5 years.

They would occasionally allow customers to test-drive by themselves or take the vehicle overnight. I never once heard of a salesperson not putting a dealer plate on a car (or worst case, back window) for a test drive.

[Hassin Bin Sober]

37. It was usually an oversight. Or, IIRC, a case of not enough magnet plates...

... available on a Saturday and a salesman too lazy to stand in line at the cashier window to get an extra loose plate out of the safe.

Yeah we let people take cars over night. We weren't supposed to but we did it anyway. I wasn't supposed to take my demo out of state but did it all the time. I drove used trucks home when I needed to haul something but I wasn't supposed to.

I guess it would just be a case of having to fast-talk if anything bad happened. I was lucky.

We were insured out the ass though. I suppose there was always another layer of catch-all insurance when something REALLY bad happened.

We once sold a car to a set of parents who straw-purchased for their adult alcoholic kid. He ended up killing the local fire chief and his wife before the salesman verified insurance. I'm not sure how that panned out.

[Blue_Tires]

57. I know many the Mini dealers do this, or at least used to

Tossed me the keys and told me to be back in a half-hour...Didn't even make a copy of my driver's license or ask to see it...

In past years my mom had kept numerous cars she was thinking about buying overnight..

[gulliver]

8. No tags and he refused to show the cops the papers.

Sorry, but you can't do that. Also, he refused to get out of the car, and you can't do that either. It was a good arrest.

I guess the dealer didn't have dealer plates on the car. That's strange. When I was this guy's age (I'm white) I was pulled over for having an expired license plate sticker. If the plates aren't right on my car, I assume I'm going to be pulled over sooner or later. There is no mystery in this.

Are some of us thinking that the guy in this story was somehow entitled to drive without tags and then refuse to cooperate with the cops when pulled over? That might be the problem. Sometimes it's obvious.

[Blue_Tires]

11. If he's on a test drive it's the dealer's responsibility to put on tags

unless Georgia law is way different...

So when the cops went back TO the dealer and the dealer confirmed he WAS on a test drive, WHAT justification did they have to arrest him? How is it "obstruction" when no crime is being committed?

And I missed the part where Sowells had any legal obligation to get out of the car OR show cops any papers on the back seat...

[pnwmom]

63. Every time they've stopped us for anything the first thing they do is ask for papers.

It must be different where you live.

He was arrested for obstruction because he refused to cooperate with them. I bet they end up dropping the charges when his expensive lawyer shows up at the hearing.

[mtasselin]

12. agree

I couldn't agree with you more, the cops have to ask, he is to comply. Just think if it would have gone the other way that the car was stolen and he crashed it, then shit would have hit the fan.

[Blue_Tires]

14. "Comply" with what?

He explained to them that he was on a test drive and even told them to call the dealership...

If the car was STOLEN, he wouldn't have bothered to stop since the dealer would have immediately called 911

[joeglow3]

23. And the cops tried to verify those facts and couldn't

Clearly, they tried multiple times to verify the facts, even driving by the dealership before getting in contact with someone.

[Blue_Tires]

31. So once the facts WERE verified, what's the cause for arrest?

[joeglow3]

36. Because, by that point he had violated other laws

You don't get a free pass for your behavior once they are able to verify the original story.

[Blue_Tires]

38. "free pass for your behavior?"

it's not like he started swinging at the cops or bashing in the hood of the police car or something...

and at the end of the day it's still "We tossed someone in jail because we didn't like his attitude instead of just scratching out a citation for driving without tags"

[mainer]

68. Violated which laws?

What was wrong with his behavior?

If someone tries to drag me out of my car, I would instinctively pull back.

And no one is REQUIRED to let cops search a car without a warrant.

[pnwmom]

65. They asked to look at the papers strewn across the back seat.

Papers which would have proven it was a dealer car. What normal person wouldn't have said, "sure, here's the papers?"

[kcr]

45. No, he doens't.

He most certainly did not have to comply. And as soon as they verified with the dealer that he was telling the truth, that should have been the end of it.

[MsPithy]

13. If refusing to allow a warrantless search

with the probable cause being, a vehicle test drive, if that is "obstruction of a police investigation," then there really is no 4th amendment.

[bluemarkers]

15. disagree, "What do you call ..." or why this man was pulled over in the 1st place

They weren't his papers

He was stopped, he told the officers what was going on, why didn't they believe him and further why was he stopped in the first place?

This is why:

"What do you call a n----r in a BMW?"

"A thief"

profiling and racism all rolled into on with this

[joeglow3]

24. Because people NEVER lie to the police

I am not disputing the possibility that it was racism that led him being pulled over (I just don't know). However, I literally laughed out loud at the notion that police should just believe the stories they are told when pulling people over. They clearly tried to verify the facts.

[CBGLuthier]

26. and the police NEVER lie to the people

and the cop-apologists will eat shit if a cop tells them it's candy.

[joeglow3]

27. Show me where I made that claim

This is a very juvenile response that adds NOTHING to the discussion.

[bluemarkers]

42. never said they should

however at one time there was a notion that people were innocent until ....

loling at people back stepping to a police state

from the article it appears that the police knew exactly how to "escalate" this

and they did

[heaven05]

18. clueless

you just can't accept reality in amerikkka, can you? Citizens who are asleep at the wheel are a major part of the big racial problem in amerikkka. Oh, were you pulled over? What was the rest of the story? Did you go to jail. I'm sure the fellow driving this car did not do anything to be arrested for. Maybe he looked at the 'officer' in an angry manner. I know that the officer then had to put this fellow back in his place. I hope you aren't a 'peace officer'. Some people are in trouble if you are.

[pipi_k]

20. Yep I don't care

who a person is...no tags, plus a refusal to show papers on the back seat, which, if he didn't know what they were, obviously would not incriminate him, plus refusing to exit the vehicle when asked = obstruction.

Just plain ass-hattery, bad attitude,, looking for trouble, bullshit.

I'm imagining myself (60 year old white lady) doing the same thing and honestly expecting the same results.

[Shrike47]

34. What do you mean you can't refuse to show them your papers?

Unless they have probable cause to believe a crime, not an infraction or violation, is being committed, they can't demand to see your papers. 4th amendment, etc. The probable cause here is what? He's black driving an expensive car?

[Renew Deal]

43. No, he's a person driving a car without plates

That should get anyone pulled over. And the cops recognized the papers as "dealer" papers, but he still didn't hand them over.

[pnwmom]

70. Probable cause: a vehicle with no plates. Check with your DMV.

That's against the law everywhere.

[roody]

79. He is probably alive because he didn't get out.

The cops weren't going to mess up the BMW.

[heaven05]

17. you know

it seems, just seems that racism has gotten WORSE since Obama became POTUS. Post racial my ass. Some people just don't have a clue that other people WILL NOT accept second class citizenship ever again. Just won't happen. But stupid is as stupid was, for some people, as it was back in the day. The amerikkkan system has given it's citizens plenty to be divided about, plenty to be at each others throats about and the 1%ers are still laughing at us all the way to the Caymans. Will we ever wake up? I have serious doubts.

[KittyWampus]

25. OP leaves out the non-compliance. Racism=wouldn't happen if white person. Same scenario w/white

person probably would have gone same way.

That said- the driver clearly had reason to dread the situation.

Driving with no tags- anyone gets pulled over
No papers- anyone gets questioned
Refuse to present papers on back seat- anyone gets questioned
Asked to vacate car- anyone gets arrested


Sowells said he asked the officers to call the dealer three or four times, then the officer asked to see some paperwork on the back seat. Not knowing what the papers were, Sowells refused.

“They asked me to get out of the car. I said 'I don't feel comfortable.' They commenced to open up the car door and they tried to drag me out of the door by my left arm," he said.

At that point, Sowells says, the officer had called for backup.

According to the police report, Sowells pulled away from the officers. Two officers grabbed their Tasers and Sowells got out of the car. He was arrested for obstruction.

[Renew Deal]

29. He wasn't very cooperative.

The cops were correct to pull him over if he had no plates. Understandable, but that is cause for being pulled over (Strike 1)

"Sowells said he asked the officers to call the dealer three or four times, then the officer asked to see some paperwork on the back seat. Not knowing what the papers were, Sowells refused." (Strike 2)

“They asked me to get out of the car. I said 'I don't feel comfortable.' They commenced to open up the car door and they tried to drag me out of the door by my left arm," he said." (Strike 3)

[Blue_Tires]

39. So he has no right to decline a warrantless search of his car or person?

(maybe he doesn't anymore, given some of the recent USSC rulings)

[Renew Deal]

40. They didn't ask to search him or his car.

They asked him to cooperate and he refused multiple times (papers, getting out of the car). If he handed over those papers, he likely would have been fine. Then there's this line: "No problem, I don't have any tags on this car because it's not my car."

This guy is uncooperative on pretty much every level. He could have prevented all of his legal issues.

[Blue_Tires]

46. I thought he said he was test driving the car from X dealership?

Which turned out to be the truth...What other "cooperation" did the cops need from him?

And still, for all the posters saying he was nasty/bad attitude/evasive/uncooperative, I still see no proper justification to arrest and charge him as opposed to writing a ticket..."Obstruction?" So by that logic everyone who doesn't comply with police requests, and fully answer their questions in respectful tones is subject to immediate arrest...

[pnwmom]

60. In my state anyone who drove around without plates and refused to provide the car's papers

and refused to cooperate with the police in general could expect to be arrested.

[pnwmom]

51. He was driving around with no plates. That's enough reason to get arrested,

along with his lack of cooperation.

[Blue_Tires]

55. Arrested just for no plates?

Couldn't see that happening in my state (and we have some famously heavy-handed local cops), but everyone's different

[pnwmom]

58. No plates and he refused to give them the car's papers. They don't arrest

for that in your state?

[pnwmom]

75. If you drive around with no plates and no registration papers, you shouldn't be

surprised if you get arrested.

[CreekDog]

74. oh my god that's stupid

i hope you don't actually think you're correct.

[FarCenter]

32. A Google User -- Note that Philips Motors gets 2.1 stars.

I don't think they want to sell a car. Was going to take a BMW to a mechanic to check and they told me that I was responsible if the car was in accident or I got arrested because the tag wasn't good???? Anyway, went over there to get car and it was closed at 1030 am even though I had spoken to them Friday and said the mechanic appt was at 11am. Ended up wasting 2 hours on my day off. I wouldn't mess with these guys.

https://plus.google.com/106647816694813509667/about?gl=US&hl=en-US

Emphasis added.

[lpbk2713]

35. Black driver ... upscale automobile. Automatic traffic stop.

Next stop - booking desk. Mug shot, prints, record check, the whole routine.


LEO gets their rocks off this way.

[Renew Deal]

41. Did you read the article?

All of it?

[pnwmom]

71. White driver -- no plates. Automatic traffic stop.

Next step: when the police ask to see the car's papers, hand them over.

[Mr Dixon]

44. IMO

Pretty much do what the cops say, give them the fucking papers in the back, get out the fucking car and STFU, as a black man he should already no the drill SMH.

[Blue_Tires]

48. Even black men well versed in "the drill" can get tired of it eventually and start resisting

It is a pretty dehumanizing experience...

[pnwmom]

50. When you're driving around with no plates, should you be surprised

when they want to see the dealer papers?

I can't imagine not handing them over.

[Blue_Tires]

54. and then we get into the nuance

because I don't know how the word-for-word conversation went down...If the cops asked in an accusatory manner or assumed the driver to be a thief, I can see the driver maybe getting offended or pissed off depending on his demeanor...

[pnwmom]

69. Pretend the person in the story was white. Would you think the police had gone overboard

under the same circumstances? Would you really be outraged about a white man -- who was driving a car around with no plates -- being asked to show the car's papers?

[pipi_k]

73. And being

treated like a suspect, arrested, etc., isn't dehumanizing?

So he made his choice between:

1. Being cooperative and civil, getting out of the car when asked, and allowing the cops to see whatever papers were in the back. Whole thing is over in a relatively short length of time

or

2. Being an asshole...refusing to exit the car, refusing to hand over whatever papers were in the back seat. Situation gets tense. Could have escalated badly, resulting in injury or worse. Is he purposely trying to be a victim? To add injury to insult?

[pnwmom]

49. Any person of any race smart enough to have a license should know the drill.

Why didn't he simply give the police the dealer papers?

[pnwmom]

47. Better title: Man stopped for driving with no plates.

Better summary:

The man claimed it was a dealer car. The police asked to see the papers in the back seat, which would have proved it was a dealer car. The man refused to let them see them, and refused to get out of the car. When the dealership didn't answer the phone, the man got arrested.

Why didn't Sowells simply hand over the dealer papers in the backseat? Wasn't that the reasonable, common sense thing to have done?

[Blue_Tires]

53. The REAL common-sense thing would be for the dealer not to let him drive off

without temp plates in the first place since the dealer technically "owns" the car...For starters, it's illegal, negligent, bad business and under certain circumstances absolutely begging someone to go on a "test drive" and never return...

[RZM]

59. Both are true

The dealership shouldn't let cars go out without plates. The driver should have shown the paperwork when asked.

If you're driving without plates, you're going to get pulled over no matter what your skin color is.

[pnwmom]

62. And you're always going to get asked for the car's papers. That's standard. n/t

[pnwmom]

61. But he's not mad at the dealer for some reason. He still bought a car from them.

[RZM]

64. I sure as hell wouldn't have

Leave the customer to twist in the wind because they are too cheap to throw on dealer plates?

Hell no.

[pnwmom]

66. Me, neither. Almost everything he did, I would have done the opposite. n/t

[Renew Deal]

67. I agree

I thought that was odd.

[pnwmom]

76. You are right that the dealer was responsible for this mess in the first place.

Unfortunately, I think the driver made it worse for himself by not getting out of the car and by refusing the let the police look at the papers in the back.

What was going through his mind?

[Quantess]

72. This part was not smart of him:

“They asked me to get out of the car. I said 'I don't feel comfortable.' They commenced to open up the car door and they tried to drag me out of the door by my left arm," he said.

You're supposed to step out of the car when the officer asks you to step out of the car. The few times I have been asked to step out of a car I have done so, and I don't see a good reason to not step out of the car when asked to.

Also, they asked to see some papers on the back seat and he refused to show them. Also dumb. It just made him look suspicious.