> A Montana police officer spotted the giant banana rolling through Billings on Wednesday afternoon and did what countless law enforcement officers have done before him.
I missed that, which is a pity as it's a fruitful story and I must have slipped up as it looks quite a-peeling. Certainly I clicked on this story as it stood out from the bunch.
He should keep a log book for his police encounters, categorized by ticket with every cop putting their name and number into it so he can show the cops how often they waste everybody's time...
Do you think that would change their mind? An officer who thinks it is okay to pull over the banana car just to take a look at it probably would not blame any other officer for doing it.
Super cool article, love how the driver got bored of car shows and wanted to do something different. Article doesn't appear to mention any of the engine or chassis specifics?!
Reminds me of Dumb and Dumber when the cops say they're following a "1985 Sheepdog, sir"
How does this work with registration? Like what would they put for make and model for the car? I imagine there has to be a way to add custom cars to it.
Typically these types of vehicles are highly modified from some other vehicle, and they are registered as that original vehicle. It sounds like this one is built on a truck chassis:
> The truck beneath the banana has now traveled more than 250,000 miles.
It is also possible to register a vehicle built from scratch, but this typically requires a lot more paperwork to do.
I'm glad the owner takes it lightly, but isn't this actually an abuse of power? If I can't pull someone over because I want a photo with their car... cops shouldn't be able to either, right?
> Often officers simply wanted photographs. Other times they invented reasons to start a conversation.
Who knew that abuse of privilege could be fun! But then I think it's only natural that the LEOs of a banana republic would feel a magnetic attraction to a giant banana.
He's calling the adventure "The World Needs More Whimsy Grand Tour." Sometimes it's ok to have fun. Nobody drives a big banana thinking they're not going to attract attention. It's part of the fun and whimsy.
You have a point, but stopping a car as a police officer is a much less consensual interaction than having a quick chat at a red light. It's a very forceful way to have a friendly conversation.
Yeah have you? They carry guns and are prone to violence in the US at rates disproportionate to the rest of the population, and that's just against their own loved ones.
> Two studies have found that at least 40% of police officer families experience domestic violence, (1, 2) in
contrast to 10% of families in the general population.(3) A third study of older and more experienced officers
found a rate of 24% (4), indicating that domestic violence is 24 times more common among police families than
American families in general.
I had a car that was pulled over dozens of times so the cops could take pics with it. Most of the time it was cool.
Two times pissed me off: one time a cop had just pulled me over on the highway for a pic, okay cool, I pull back onto the highway and went maybe a mile before I was pulled over a second time by his buddy.
Other time I was just rolling into LA for a comic con, it was 3am and I'd been driving for about 14 hours. I was minutes from my hotel and of course here come the cops. I had to make a big detour to find somewhere safe to stop. The next day someone said "Oh, I think my buddy stopped you last night!" so I had him call his cop friend and was able to safely cuss him out from a distance :)
On the other hand I had one awesome experience with the cops in Oxnard when we put my car on the train tracks and accidentally set off the barriers and caused an enormous tailback in each direction at the railroad crossing. I thought the cops would be mad, but they were hilarious and promised to figure out the traffic snafu for us.
Then an hour later when I was driving the car down the tracks again another cop walked up on me all mad and told me he was writing me a ticket for driving on the tracks, but when I read the ticket he'd written it out to Marty McFly and had a great laugh about it. Here's a pic of him booking Marty haha
The city actually gave us permission for this and promised us there "probably" wasn't any trains using the track that day.
This was actually the first time we'd ever tried to fit the train wheels, we didn't realise they wouldn't fit over the brakes, so we had to do some disassembly to make them fit :p
Not saying I enjoy it. Not saying that I’d drive a giant banana either. But if I saw a police car, pull over a giant banana, I would think it was hilarious. That’s the definition of whimsy.
Being pulled over is a command under threat of violence, by an agent of the state empowered to use deadly force, who is mostly insulated from the consequences of poor judgement or abuses of power. Being pulled over by cops cannot be whimsical.
Wow has HN ever taken a turn. What would have once been a conversation about the vehicle has turned into non stop police hatred. Good job - you’ve all become parrots!
It’s especially funny because the owner of the vehicle has zero problems and none of you have evidence of abuse of power but oh no, you’ve all made up your minds and ACAB.
It’s embarrassing you have all decided to stop thinking.
If the article is to be believed he was pulled over multiple times just so they could take a photo or make a joke. That’s abuse of power even if the victim is fine with it.
Society broadly agrees, enough that it's illegal in the US to stop someone just for "unusual behavior." You have to have an actual concrete reason to suspect someone of a crime. Not that police always follow the law on this.
Only in specific edge cases and definitions, which I’m guessing you don’t know. And calling it ‘illegal’ is a stretch in 95% of them. Generally worst case any evidence gathered would just be inadmissible.
After all, even if not a legal stop/detention, that doesn’t mean they committed a crime by doing it.
But tell me, do you think any of these officers would have struggled to come up with probable cause to detain the driver of a giant banana car on a public roadway? Or any other ‘suspicious’ or ‘weird’ vehicle?
Because I can think of at least 3 California vehicle codes off the top of my head that would likely apply, including CVC 26708, 24008.5, and 5201. And I’m not a cop.
And all you need is an articulable and reasonable suspicion to detain.
Stopping someone to chat (aka they can leave without penalty) is a much lower bar, though I doubt they did that.
You've now completely shifted from "unusual behavior is sufficient justification to detain someone and this is necessary for 99% of real traffic stops" to "the police can usually come up with probable cause if they want."
Which I completely agree with. But that's a very different statement.
If a cop saw someone hiding in my bushes at 2AM, that strikes me as reason to think that the person is trespassing if not worse, and would thus justify a further look. It would not be done solely on the basis of "unusual behavior."
Right, there's definitely not a bunch of pressure from the fact that they can throw you in jail for basically anything and probably get away with shooting you if they really wanted that would get in the way of a real meaningful relationship...
More like 100s of cops have abused their authority to harass a middle aged artist.
At even just 10 minutes a stop, that is over 30 hours of this poor man's life he has spent staring at the berries and cherries just because some entitled cop thought he deserved a photo op.
Wanting to attract attention and wanting to be constantly interrupted by law enforcement are not the same thing. This is the "well if she didn't want to be raped, she shouldn't have worn that skirt!" argument, and it doesn't look any better here.
He said that he enjoys it. Why not just let him have fun in his banana car if he wants to? HN commenters seem to be the only people upset about this. He specifically said that he enjoys the banter and photo-ops with the police.
I would advise you not drive a homemade fruit car around your town if you are this terrified of the attention it will bring. He clearly said in the article that he enjoys the encounters. He is doing this on purpose.
Him enjoying the attention doesn't make the actions of the police right or just.
He enjoys the attention, they are abusing their authority, Both things are true.
It's perfectly reasonable to question whether that vehicle is street legal when it passes by on the road. It would be my first thought. It looks like it's mounted on a boat trailer chassis, and the windshield appears to have questionable effectiveness at high speeds. Pulling him over to ask about it seems like they are doing their jobs. Especially when I am also a driver on the same road.
That's not true at all. The police can stop a vehicle for any suspicion of unlawful activity. For instance, to question a driver about the street-legal-ness of their homemade banana car. You can, however, refuse questioning and refuse any inspection of the interior of the vehicle and just ask them to cite you for what they pulled you over for.
They are required to have reasonable suspicion that the banana car is unlawful in some way. (e.g. missing required equipment, etc) Simply wanting to question the driver or get a picture for funsies is not quite enough.
It’s a goddamn banana car. This guy’s banana car is apparently legal, well constructed, and registered properly, but yes, the presence of a hand made banana car is reasonable suspicion that the car may not be up to snuff, road legal, or safe to operate around others.
That's a common misconception about what "reasonable suspicion" means.
"Reasonable suspicion of a crime" is an objective legal standard that doesn't mean the same thing as "they look suspicious" or the situation itself is "suspicious" -- it means that the officer thinks that a specific articulable crime has, is, or is about to occur. They don't have to be 100% sure, and they don't even have to be correct about what the law even is, but they do have to believe a law was broken.
Being unusual by itself does not legally qualify for reasonable suspicion of a crime or infraction, because being unusual isn't a crime.
Now, the officer could be interested in the car because it is a banana, and want to stop it to take a picture of it, but they have to have suspicion of some specific violation first.
1. "Hey that banana car looks weird" > "it doesn't look like it has turn signals" > [pulls them over] > "hey do you have turn signals", "yes", "ok my bad have a nice day" = legal, because not having turn signals is an equipment violation.
2. "Hey that banana car looks weird" > [pulls them over] > "hey is this thing legal?" = illegal, because looking weird is not a crime
Interesting, I see the distinction. That said, I’m genuinely curious here (and, I’m not defending police overreach - you can browse my comments if you’re worried I’ve got any love for authoritarians) - let’s take as a given that we’ve got a societal interest in automobiles meeting safety standards, and let’s take as a given that we’ve nominated the police as the body designated to ensure that vehicles being operated on the road meet these safety standards (or at least, we’ve designated them as the on-the-ground eyes for seeking out vehicles that don’t). Let’s also assume that some of those safety standards are not immediately visible from the outside - eg, it’s difficult to tell at a glance if the frame of the banana car is a well-constructed piece of welded steel or a shopping cart.
A cop sees what is clearly a hand-made banana car driving past them in the other direction on the road. What do you feel like are the appropriate actions for that cop to take in those circumstances, with just the facts available to them at hand?
I’m not arguing that the cops we have do not regularly and aggressively abuse their power and violate the social contract, but I’m struggling to see how we would want a cop to behave in an ideal world in this circumstance that isn’t “pull over the banana car and make sure it’s safe.” From the sound of it, they’re not ticketing the banana car, they obviously haven’t impounded it, and knock wood, they haven’t shot the driver yet, but what would your expectation be for them in that situation?
> let’s take as a given that we’ve got a societal interest in automobiles meeting safety standards, and let’s take as a given that we’ve nominated the police as the body designated to ensure that vehicles being operated on the road meet these safety standards
Broadly, I agree. But there are two very distinct groups of laws that you're groping together here:
Firstly, there's federal law, which is primarily responsible for what we think a modern safe vehicle is: crash testing, airbags, backup cameras, tire pressure monitoring, antilock brakes, stability control, etc. These laws primarily apply only to new vehicle manufacturers, enter enforced against those manufactured by the federal government.
Second, there's state law. Basically, all traffic laws are under state purview, and enforcement. The safety equipment required under state law is generally extremely basic. In most states you can qualify with as little as: DOT rated tires with tread, at least two mirrors, turn signals, seat belt, headlights, tail lights, horn, a front windshield, and a functioning wiper. These are the laws that traffic police enforce.
> Let’s also assume that some of those safety standards are not immediately visible from the outside - eg, it’s difficult to tell at a glance if the frame of the banana car is a well-constructed piece of welded steel or a shopping cart.
Because state vehicle safety law is generally very basic, it usually is possible to tell from the outside whether equipment requirements are met.
Also, shopping carts are made out of welded steel. And besides, it is entirely legal to use wood in the construction of a vehicle. State law typically does not prescribe the types of materials used beyond some extreme generalities in their performance (e.g. visibility through windows, structures physically attached as opposed to being loose). Generally, state law only cares about operational safety, they don't really regulate design safety. Horrible unsafe designs that would fail a crash test are only federally illegal for manufacturers to make and sell to people.
But let's entertain your scenario for a second. Let's say that there is something about a vehicle that fails safety standards that isn't visible... legally you there's no way to pull the vehicle over for a reason that you don't know of... because you have to know of a reason to justify the stop to begin with -- you'd have to find some other reason.
Ideally, the way you'd enforces vehicle safety for these kinds of scenarios, and the way that the rest of the world handles it -- is to require vehicles to be inspected. But only 15 states have chosen to require periodic passenger vehicle inspections.
> A cop sees what is clearly a hand-made banana car driving past them in the other direction on the road. What do you feel like are the appropriate actions for that cop to take in those circumstances, with just the facts available to them at hand?
They should do everything that their state law enables them to do, including:
* visually confirming the existence of required equipment: lamps, windscreen, signals, road tires, etc.
* confirming the display of any credentials required by their state: inspections stickers (if applicable), registration stickers (if applicable), license plate (believe it or not... if applicable), etc.
... and if they don't meet these requirements, or they break other rules of traffic operation, initiate a stop and investigate further.
That all makes sense, I appreciate the engagement. I should've figured that the state-level vs federal-level gaps where where all the dragons would live here, and I don't live in a rural area, but I've spent enough time in them that I should've guessed how narrow those state-level standards actually wind up being. I get the reason for all of that, but as someone who lives in a city with many other cars around on a regular basis, I do get nervous about their ability to interoperate safely with the rest of us.
I agree with the concern 100%. I've lived all over the US from some of the poorest rural areas to some of the richest urban areas, and it is wild to see the cultural differences in how people view transportation. And I think there's a lot of distorted opinions everywhere.
Some tend to think cars are a highly regulated option for transportation on professionally engineered roads that people can choose if they want. Others think that cars are synonymous with a basic right of transportation on the untamed highway, and they can do whatever they want as long as they have a plate on it.
But there's multiple realities in this country. Unfortunately, a new car that meets the latest safety standards is essentially reserved for the upper middle class. The lower middle class is driving used cars that met safety standards of a decade ago, with worn parts that may or may not get inspected before they fail. And the working poor are either struggling to afford rent in a city with public transport, or they're struggling to keep a 15-25 year old car functional, let alone compliant or safe.
Yeah, and in urban areas in particular, that exacerbates the “DWB” problem that feeds into all the other problems that make being poor so goddamn expensive.
IANAL, and would like to believe that what you say is true, but I think in most jurisdictions "reasonable suspicion" that the vehicle was not street legal would float as justification for a stop.
There is no "street legal" statute, so it would have to be for something specific like an improperly displayed license plate, that one example in the article alludes to.
But other examples in the article like "Often officers simply wanted photographs." would not be a legal reason.
Now, in practice, this is a very easy standard to meet, because even if an officer wants to pull someone over arbitrarily, they can simply follow someone until they make a very minor infraction like crossing a line improperly, exceeding the speed limit by 1mph, rolling a stop, or failing to signal... but they still have to do it.
No? Not even close. If the police "smell weed" they can stop you. If the police believe you have active warrants they can stop you. If the police believe you have committed a criminal act of any kind, they may stop you
> A Montana police officer spotted the giant banana rolling through Billings on Wednesday afternoon and did what countless law enforcement officers have done before him.
Boys in the blue in Montana,
Pulled over a giant banana.
Drawn by the appeel of the yellow four wheeler,
They spun jokes deadpan and deadpanner.
Discussion yesterday (168 points, 92 comments) https://news.ycombinator.com/item?id=48601420
I missed that, which is a pity as it's a fruitful story and I must have slipped up as it looks quite a-peeling. Certainly I clicked on this story as it stood out from the bunch.
These cops using their authority to stop him is a bit of a slippery slope. If he's too tired to humour this monkey business, he can't just peel off.
What's a fruitful story for you can get berry triggering for a botanist.
There's always money in the banana car
Captain America turns head I understood that reference
He should keep a log book for his police encounters, categorized by ticket with every cop putting their name and number into it so he can show the cops how often they waste everybody's time...
Do you think that would change their mind? An officer who thinks it is okay to pull over the banana car just to take a look at it probably would not blame any other officer for doing it.
Have any of you seen the Weiner mobile?
That thing is so cool and I've seen it in the wild a few times.
The giant banana was spotted in West Seattle yesterday! https://westseattleblog.com/2026/06/seen-in-west-seattle-the...
That's a good looking car. I wish there were more of these on the roads.
Super cool article, love how the driver got bored of car shows and wanted to do something different. Article doesn't appear to mention any of the engine or chassis specifics?!
Reminds me of Dumb and Dumber when the cops say they're following a "1985 Sheepdog, sir"
Said it was on a pickup truck frame.
I saw this very banana car while I was having brunch Sunday morning in Ballard Seattle!
Same! There were a few other art cars parked by the locks, so I would guess it was some kind of meetup.
How does this work with registration? Like what would they put for make and model for the car? I imagine there has to be a way to add custom cars to it.
Typically these types of vehicles are highly modified from some other vehicle, and they are registered as that original vehicle. It sounds like this one is built on a truck chassis:
> The truck beneath the banana has now traveled more than 250,000 miles.
It is also possible to register a vehicle built from scratch, but this typically requires a lot more paperwork to do.
Was just reading the title and thinking it's a new and upgraded image gen model from Google.. Anyone else?
Are you driving a banana, or are you happy to see me?
I'm glad the owner takes it lightly, but isn't this actually an abuse of power? If I can't pull someone over because I want a photo with their car... cops shouldn't be able to either, right?
There are many of these “art cars” out there. See https://lesblank.com/films/automorphosis-by-harrod-blank/
So many comments in the previous thread and no one mentions the banana car from Bloodhound Gang - Foxtrot Uniform Charlie Kilo video.
I wondered if it was the same but he says he built this car in 2008 which would have been three years after that video.
> Often officers simply wanted photographs. Other times they invented reasons to start a conversation.
Who knew that abuse of privilege could be fun! But then I think it's only natural that the LEOs of a banana republic would feel a magnetic attraction to a giant banana.
He's calling the adventure "The World Needs More Whimsy Grand Tour." Sometimes it's ok to have fun. Nobody drives a big banana thinking they're not going to attract attention. It's part of the fun and whimsy.
You have a point, but stopping a car as a police officer is a much less consensual interaction than having a quick chat at a red light. It's a very forceful way to have a friendly conversation.
squints have you met any police?
Yeah have you? They carry guns and are prone to violence in the US at rates disproportionate to the rest of the population, and that's just against their own loved ones.
> Two studies have found that at least 40% of police officer families experience domestic violence, (1, 2) in contrast to 10% of families in the general population.(3) A third study of older and more experienced officers found a rate of 24% (4), indicating that domestic violence is 24 times more common among police families than American families in general.
https://olis.oregonlegislature.gov/liz/2017R1/Downloads/Comm...
Duh? Maybe re-read my comment?
It doesn't say anything, it's literally a question.
Amazing
This is a good moment to pay attention to the Hacker News guidelines. This is not a place for this sort of comments.
Don’t threaten me with a good time. I keep asking dang to ban me; no luck so far.
Looks like you’ve wasted about the same amount of time here as I have!
Cops pulling someone over is never "fun and whimsy".
I had a car that was pulled over dozens of times so the cops could take pics with it. Most of the time it was cool. Two times pissed me off: one time a cop had just pulled me over on the highway for a pic, okay cool, I pull back onto the highway and went maybe a mile before I was pulled over a second time by his buddy.
Other time I was just rolling into LA for a comic con, it was 3am and I'd been driving for about 14 hours. I was minutes from my hotel and of course here come the cops. I had to make a big detour to find somewhere safe to stop. The next day someone said "Oh, I think my buddy stopped you last night!" so I had him call his cop friend and was able to safely cuss him out from a distance :)
On the other hand I had one awesome experience with the cops in Oxnard when we put my car on the train tracks and accidentally set off the barriers and caused an enormous tailback in each direction at the railroad crossing. I thought the cops would be mad, but they were hilarious and promised to figure out the traffic snafu for us.
https://imgur.com/a/pBcLKqz (we didn't realize the barriers automatically detect stuff on the tracks)
Then an hour later when I was driving the car down the tracks again another cop walked up on me all mad and told me he was writing me a ticket for driving on the tracks, but when I read the ticket he'd written it out to Marty McFly and had a great laugh about it. Here's a pic of him booking Marty haha
https://imgur.com/a/vm0ud5y
That's an awesome story! deserves to be more than a hacker news comment with imgur links
Here's where the barriers came down and we panicked a little bit as we couldn't figure out how to get them back up :)
https://www.youtube.com/watch?v=yBo1DvKzRJ4
The city actually gave us permission for this and promised us there "probably" wasn't any trains using the track that day.
This was actually the first time we'd ever tried to fit the train wheels, we didn't realise they wouldn't fit over the brakes, so we had to do some disassembly to make them fit :p
https://www.youtube.com/watch?v=yLU4RPWjTY8
Not saying I enjoy it. Not saying that I’d drive a giant banana either. But if I saw a police car, pull over a giant banana, I would think it was hilarious. That’s the definition of whimsy.
Being pulled over is a command under threat of violence, by an agent of the state empowered to use deadly force, who is mostly insulated from the consequences of poor judgement or abuses of power. Being pulled over by cops cannot be whimsical.
Thankfully, not everyone thinks like you do. I have zero problems with police and never have. I trust you’ve heard of different opinions?
We can hold differing opinions about whether state sanctioned threats of deadly force are whimsical, but that is unarguably what being pulled over is.
The use of deadly force on unarmed civilians is a fact in the US, not an opinion.
Please tell me which "differing opinion" excuses rampant theft through Civil Asset Forfeiture which cops don't seem to have a problem with?
Whimsy should be consensual and not involve the threat of violence.
Wow has HN ever taken a turn. What would have once been a conversation about the vehicle has turned into non stop police hatred. Good job - you’ve all become parrots!
It’s especially funny because the owner of the vehicle has zero problems and none of you have evidence of abuse of power but oh no, you’ve all made up your minds and ACAB.
It’s embarrassing you have all decided to stop thinking.
There is evidence of abuse in the literal title.
If the article is to be believed he was pulled over multiple times just so they could take a photo or make a joke. That’s abuse of power even if the victim is fine with it.
So 100s of cops have done their jobs?
> "For the first eight or nine years I was the most pulled-over man in America," he said. "It was constant."
> Often officers simply wanted photographs.
> Other times they invented reasons to start a conversation.
> His favorite stop happened in a small mountain town in West Virginia.
> A traffic light turned red. Braithwaite stopped. The light turned green and he made a leisurely turn through the intersection.
> A few moments later, flashing lights appeared behind him.
> A police officer marched up to the banana and delivered the news.
> "'The reason I pulled you over, that light back there, you peeled out.'"
Their job is to take advantage of their authority to have fun at the expense of the time of citizens?
I'll happily live in a world where this is the extent of police authority abuse.
If you tolerate small abuses, and let people get accustomed to abusing their power in small meaningless ways, the abuses will only grow.
> ... the abuses will only grow.
SCOTUS made race-based Kavanaugh Stops legal. Stipping a banana on wheels is a much lower bar
I can assure you, pulling over the banana stand is not the road to death camps. The death camps are.
Roads don’t start at their end.
And it didn’t start there in Germany, either banana cars or death camps.
Eh, most roads start where other roads end or meet. The wheel turns, regardless.
Maybe not death camps, but it is inextricably tied to real abuses. I don't see how you ban "driving while black" stops without also banning these.
You also can’t ban these without making it impossible to stop 99% of real issues either.
A giant banana car is the definition of unusual behavior, after all.
"Unusual" behavior should not be justification for any police interaction.
Society doesn't benefit from policing "Weird".
Society (broadly) disagrees, and even trivial examples would have you agreeing with them if you thought it through.
If a cop saw someone hiding in your bushes at 2am - stop and check it out, or nah?
Society broadly agrees, enough that it's illegal in the US to stop someone just for "unusual behavior." You have to have an actual concrete reason to suspect someone of a crime. Not that police always follow the law on this.
Not really, in the way you are using it.
Only in specific edge cases and definitions, which I’m guessing you don’t know. And calling it ‘illegal’ is a stretch in 95% of them. Generally worst case any evidence gathered would just be inadmissible.
After all, even if not a legal stop/detention, that doesn’t mean they committed a crime by doing it.
But tell me, do you think any of these officers would have struggled to come up with probable cause to detain the driver of a giant banana car on a public roadway? Or any other ‘suspicious’ or ‘weird’ vehicle?
Because I can think of at least 3 California vehicle codes off the top of my head that would likely apply, including CVC 26708, 24008.5, and 5201. And I’m not a cop.
And all you need is an articulable and reasonable suspicion to detain.
Stopping someone to chat (aka they can leave without penalty) is a much lower bar, though I doubt they did that.
And you never answered my question.
You've now completely shifted from "unusual behavior is sufficient justification to detain someone and this is necessary for 99% of real traffic stops" to "the police can usually come up with probable cause if they want."
Which I completely agree with. But that's a very different statement.
If a cop saw someone hiding in my bushes at 2AM, that strikes me as reason to think that the person is trespassing if not worse, and would thus justify a further look. It would not be done solely on the basis of "unusual behavior."
Shifted? Not at all. Merely articulated the specific mechanisms.
As you note - my original point stands, and is correct.
It’s difficult to come up with ‘weird’ or ‘suspicious’ behavior that isn’t going to be reasonable suspicion of something, and that is by design.
Or we could just go to disturbing the peace or loitering eh?
The problem isn't the severity of the infraction, it's the lack of respect for the rule of law, and an institutionalized acceptance of that practice.
The prioritization of a respect for authority over a respect for the rule of law is notoriously problematic in small town america in very real ways.
If only.
Sounds like a fun way to make a lot of friends in law enforcement :)
Right, there's definitely not a bunch of pressure from the fact that they can throw you in jail for basically anything and probably get away with shooting you if they really wanted that would get in the way of a real meaningful relationship...
More like 100s of cops have abused their authority to harass a middle aged artist.
At even just 10 minutes a stop, that is over 30 hours of this poor man's life he has spent staring at the berries and cherries just because some entitled cop thought he deserved a photo op.
> harass a middle aged artist
This man is driving a homemade banana car across the continent specifically because he wants the attention it garners. It's the whole point.
Wanting to attract attention and wanting to be constantly interrupted by law enforcement are not the same thing. This is the "well if she didn't want to be raped, she shouldn't have worn that skirt!" argument, and it doesn't look any better here.
He said that he enjoys it. Why not just let him have fun in his banana car if he wants to? HN commenters seem to be the only people upset about this. He specifically said that he enjoys the banter and photo-ops with the police.
Because no one is allowed to have fun, obviously.
Yea, he should be driving the state sponsored crossover suv like the rest of the country.
Yeah, the attention of armed people with the authority to order him around. See how ridiculous that sounds?
I would advise you not drive a homemade fruit car around your town if you are this terrified of the attention it will bring. He clearly said in the article that he enjoys the encounters. He is doing this on purpose.
I got a lot of attention on a trip of mine. People would walk up to me at gas stations to ask about mt my trip and it was super cool.
However we interacted as equals and I was free to refuse the conversation or end it when I wanted. I was free to set boundaries.
I would not feel the same if stopped by cops.
Him enjoying the attention doesn't make the actions of the police right or just. He enjoys the attention, they are abusing their authority, Both things are true.
> they are abusing their authority
It's perfectly reasonable to question whether that vehicle is street legal when it passes by on the road. It would be my first thought. It looks like it's mounted on a boat trailer chassis, and the windshield appears to have questionable effectiveness at high speeds. Pulling him over to ask about it seems like they are doing their jobs. Especially when I am also a driver on the same road.
Is it legally reasonable? Does the local law make "that looks funny, might not be street legal" a primary traffic offense?
Attracting attention does not vindicate others in violating that person's rights.
You seem to have misunderstood the reason this country was founded in the first place.
The police are human too and often bored on shift. The world needs more whimsy!
I understand your perspective, but viewing police as solely as a potential threat is not spreading whimsy.
> but viewing police as solely as a potential threat is not spreading whimsy.
What a privileged point of view. For a lot of people police are indeed nothing but a potential threat.
The police can only stop a driver if they believe they have committed a primary traffic offense.
That's not true at all. The police can stop a vehicle for any suspicion of unlawful activity. For instance, to question a driver about the street-legal-ness of their homemade banana car. You can, however, refuse questioning and refuse any inspection of the interior of the vehicle and just ask them to cite you for what they pulled you over for.
They are required to have reasonable suspicion that the banana car is unlawful in some way. (e.g. missing required equipment, etc) Simply wanting to question the driver or get a picture for funsies is not quite enough.
It’s a goddamn banana car. This guy’s banana car is apparently legal, well constructed, and registered properly, but yes, the presence of a hand made banana car is reasonable suspicion that the car may not be up to snuff, road legal, or safe to operate around others.
That's a common misconception about what "reasonable suspicion" means.
"Reasonable suspicion of a crime" is an objective legal standard that doesn't mean the same thing as "they look suspicious" or the situation itself is "suspicious" -- it means that the officer thinks that a specific articulable crime has, is, or is about to occur. They don't have to be 100% sure, and they don't even have to be correct about what the law even is, but they do have to believe a law was broken.
Being unusual by itself does not legally qualify for reasonable suspicion of a crime or infraction, because being unusual isn't a crime.
Now, the officer could be interested in the car because it is a banana, and want to stop it to take a picture of it, but they have to have suspicion of some specific violation first.
https://en.wikipedia.org/wiki/Whren_v._United_States
For example:
1. "Hey that banana car looks weird" > "it doesn't look like it has turn signals" > [pulls them over] > "hey do you have turn signals", "yes", "ok my bad have a nice day" = legal, because not having turn signals is an equipment violation.
2. "Hey that banana car looks weird" > [pulls them over] > "hey is this thing legal?" = illegal, because looking weird is not a crime
Interesting, I see the distinction. That said, I’m genuinely curious here (and, I’m not defending police overreach - you can browse my comments if you’re worried I’ve got any love for authoritarians) - let’s take as a given that we’ve got a societal interest in automobiles meeting safety standards, and let’s take as a given that we’ve nominated the police as the body designated to ensure that vehicles being operated on the road meet these safety standards (or at least, we’ve designated them as the on-the-ground eyes for seeking out vehicles that don’t). Let’s also assume that some of those safety standards are not immediately visible from the outside - eg, it’s difficult to tell at a glance if the frame of the banana car is a well-constructed piece of welded steel or a shopping cart.
A cop sees what is clearly a hand-made banana car driving past them in the other direction on the road. What do you feel like are the appropriate actions for that cop to take in those circumstances, with just the facts available to them at hand?
I’m not arguing that the cops we have do not regularly and aggressively abuse their power and violate the social contract, but I’m struggling to see how we would want a cop to behave in an ideal world in this circumstance that isn’t “pull over the banana car and make sure it’s safe.” From the sound of it, they’re not ticketing the banana car, they obviously haven’t impounded it, and knock wood, they haven’t shot the driver yet, but what would your expectation be for them in that situation?
> let’s take as a given that we’ve got a societal interest in automobiles meeting safety standards, and let’s take as a given that we’ve nominated the police as the body designated to ensure that vehicles being operated on the road meet these safety standards
Broadly, I agree. But there are two very distinct groups of laws that you're groping together here:
Firstly, there's federal law, which is primarily responsible for what we think a modern safe vehicle is: crash testing, airbags, backup cameras, tire pressure monitoring, antilock brakes, stability control, etc. These laws primarily apply only to new vehicle manufacturers, enter enforced against those manufactured by the federal government.
Second, there's state law. Basically, all traffic laws are under state purview, and enforcement. The safety equipment required under state law is generally extremely basic. In most states you can qualify with as little as: DOT rated tires with tread, at least two mirrors, turn signals, seat belt, headlights, tail lights, horn, a front windshield, and a functioning wiper. These are the laws that traffic police enforce.
> Let’s also assume that some of those safety standards are not immediately visible from the outside - eg, it’s difficult to tell at a glance if the frame of the banana car is a well-constructed piece of welded steel or a shopping cart.
Because state vehicle safety law is generally very basic, it usually is possible to tell from the outside whether equipment requirements are met.
Also, shopping carts are made out of welded steel. And besides, it is entirely legal to use wood in the construction of a vehicle. State law typically does not prescribe the types of materials used beyond some extreme generalities in their performance (e.g. visibility through windows, structures physically attached as opposed to being loose). Generally, state law only cares about operational safety, they don't really regulate design safety. Horrible unsafe designs that would fail a crash test are only federally illegal for manufacturers to make and sell to people.
But let's entertain your scenario for a second. Let's say that there is something about a vehicle that fails safety standards that isn't visible... legally you there's no way to pull the vehicle over for a reason that you don't know of... because you have to know of a reason to justify the stop to begin with -- you'd have to find some other reason.
Ideally, the way you'd enforces vehicle safety for these kinds of scenarios, and the way that the rest of the world handles it -- is to require vehicles to be inspected. But only 15 states have chosen to require periodic passenger vehicle inspections.
> A cop sees what is clearly a hand-made banana car driving past them in the other direction on the road. What do you feel like are the appropriate actions for that cop to take in those circumstances, with just the facts available to them at hand?
They should do everything that their state law enables them to do, including:
* visually confirming the existence of required equipment: lamps, windscreen, signals, road tires, etc.
* confirming the display of any credentials required by their state: inspections stickers (if applicable), registration stickers (if applicable), license plate (believe it or not... if applicable), etc.
... and if they don't meet these requirements, or they break other rules of traffic operation, initiate a stop and investigate further.
That all makes sense, I appreciate the engagement. I should've figured that the state-level vs federal-level gaps where where all the dragons would live here, and I don't live in a rural area, but I've spent enough time in them that I should've guessed how narrow those state-level standards actually wind up being. I get the reason for all of that, but as someone who lives in a city with many other cars around on a regular basis, I do get nervous about their ability to interoperate safely with the rest of us.
I agree with the concern 100%. I've lived all over the US from some of the poorest rural areas to some of the richest urban areas, and it is wild to see the cultural differences in how people view transportation. And I think there's a lot of distorted opinions everywhere.
Some tend to think cars are a highly regulated option for transportation on professionally engineered roads that people can choose if they want. Others think that cars are synonymous with a basic right of transportation on the untamed highway, and they can do whatever they want as long as they have a plate on it.
But there's multiple realities in this country. Unfortunately, a new car that meets the latest safety standards is essentially reserved for the upper middle class. The lower middle class is driving used cars that met safety standards of a decade ago, with worn parts that may or may not get inspected before they fail. And the working poor are either struggling to afford rent in a city with public transport, or they're struggling to keep a 15-25 year old car functional, let alone compliant or safe.
Yeah, and in urban areas in particular, that exacerbates the “DWB” problem that feeds into all the other problems that make being poor so goddamn expensive.
IANAL, and would like to believe that what you say is true, but I think in most jurisdictions "reasonable suspicion" that the vehicle was not street legal would float as justification for a stop.
There is no "street legal" statute, so it would have to be for something specific like an improperly displayed license plate, that one example in the article alludes to.
But other examples in the article like "Often officers simply wanted photographs." would not be a legal reason.
Now, in practice, this is a very easy standard to meet, because even if an officer wants to pull someone over arbitrarily, they can simply follow someone until they make a very minor infraction like crossing a line improperly, exceeding the speed limit by 1mph, rolling a stop, or failing to signal... but they still have to do it.
No? Not even close. If the police "smell weed" they can stop you. If the police believe you have active warrants they can stop you. If the police believe you have committed a criminal act of any kind, they may stop you
I'm speaking about a traffic stop specifically, I am aware other crimes exist.
your statement was "The police can only stop a driver". This is completely false. It is based off the belief of the officer, not fact or reality.
> It is based off the belief of the officer, not fact or reality.
A belief that they have violated some law. They cannot do it for these reasons, from the article:
> Often officers simply wanted photographs.
> Other times they invented reasons to start a conversation.