2 adults over 18 and one 17 year old were in a vehicle that was pulled over after midnight for the sole reason that they appeared to be under age for the town's curfew. (Reason given by Officer) Is it legal for an officer to pull someone over for this suspicion?
2006-08-24 05:45:21 · 18 answers · asked by K J 1 in Politics & Government ➔ Law Enforcement & Police
If the answer is yes, what is to stop the officer from using this excuse to pull anyone over reguardless of suspicion?
2006-08-24 05:58:31 · update #1
It sounds like probable cause to me.
2006-08-24 05:47:01 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Another answer to be added to your list: The courts allow officers to use (to a certain degree) their best judgement, based on training and experience in determining when a stop can be made. It's complex, so lets stay with just the example you gave.
The officer sees a car and the passengers in the car. It's past curfew and he knows everyone must be over 18. One or more occupants look like they could be under 18 - they may have a youthful looking face, or they may act a little furtive, or a number of things. Or....they may all be old enough to be legal. He can stop the car based on that "in order to investigate further". If he ends up citing someone for a curfew violation, then the person could (conceivable) challenge it (most don't though, because it's as awfully minor event) based on an improper car stop. But if the judge looks at the violator and sees that he/she could easily be mistaken for 16, even though they are 18 or 20, then he will most likely accept the stop as proper.
The driver of the car has no standing in the citation for curfew if that's the only enforcement action that was taken, and the driver was not the one cited. The driver might complaint that they were stopped and didn't like it and disagrees with the reasons, but the driver's complaint is separate from that of the curfew-ee. :)
A positive way of looking at it all: Wouldn't it be totally wonderfull if we could all go through life and something like that is the worst that could happen to us with a brush with the law? I think it would.
2006-08-24 11:15:08 · answer #2 · answered by nothing 6 · 0⤊ 0⤋
An officer can pull a vehicle over for a tail light out (violation). If there is a curfew in your town and an officer reasonably believes that a violation is occuring in the vehicle (possibly nobody over age to be out past curfew) then yes it is probable cause to pull the vehicle over.
2006-08-24 05:54:01 · answer #3 · answered by okchico 3 · 0⤊ 0⤋
If the officer gave that reason that you appear to be young....then he has no probable cause. One has to commit a traffic violation of some sort, in this case for him to pull you over. If that is the case, then it will be thrown out in court. People are just so ignorant of the law. If you read that source from Barnacable Bob, then your dumb. This is to also include the link from the law school that only discusses the definition of a vehicle. People, YOU HAVE RIGHTS THAT ARE PROTECTED AND GIVEN TO YOU BY THE CONSTITUTION. YOU CAN'T ASSUME THE COPS HAVE ALL KNOWING AUTHORITY ON EVERYTHING!!!!
2006-08-24 06:05:43 · answer #4 · answered by Joe B 2 · 0⤊ 0⤋
On the surface and with the information provided, yes, if within the limits of municipality's boundries. Normally, there wouldn't be any complaints or issues if the police officer had enough tact to simply say, "Thank you; have a safe evening" or "Thank you, and good night," but if he just turns around and arrogantly walks away without an apology for the inconvenience, I'd have a few choice words under Freedom of Expression, and I'd sure speak with his/her superior!
2006-08-24 05:51:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
To truely understand the answer to this question would probably take some research of old case law. In re: James D (CA Supreme Court) gives officers the authority to stop and detain someone during school hours that appears to be of school age for truancy. I'm sure there is a similar case in reguards to truancy, but it would take some time (which I don't have) to look up.
2006-08-24 09:20:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes, if in his opinion the occupants appeared to be underage.
As far as the second question, it's falling into the same realm as not using a turn signal is reason enough to pull someone over for a suspicion of DUI, any little thing the officer feels is enough usually is.
2006-08-24 06:18:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Police can pretty much pull a car over for any reason they wish. Not many people realize it, but the state is part ownership of our cars which gives them enough reason. The reason we register our car tags with the state and pay a registration fee yearly, is because we are basically paying the state for using their half of our vehicle, almost like paying the state rent for their portion of our vehicle they don't get to use. How does this happen? Check out this link and it will tell you more about it.
2006-08-24 06:08:02 · answer #8 · answered by Derek M 2 · 0⤊ 0⤋
The answer is yes, that is called probable cause...
Others are protected by officer discretion and the ability of people to file complaints against officers who would abuse their powers.
2006-08-26 18:11:19 · answer #9 · answered by Walter J 3 · 0⤊ 0⤋
A police officer is allowed to pull you over at any time of day or night if he suspects something is wrong.
If you have done nothing then no need to worry!!
2006-08-24 05:54:24 · answer #10 · answered by Gillipoos 5 · 0⤊ 0⤋
Police can "detain" one for reasonable suspicion. They can even handcuff you if safety is a concern. If no arrests are made, then everyone gets to go home and tell a good story.
2006-08-24 06:34:29 · answer #11 · answered by Richard B 4 · 0⤊ 0⤋