I got pulled over last night because the cop knew me and my car, but I had my seatbelt on, my lights on, and I was doing the speed limit. I got two tickets for not having a license and proof of insurance, and the cop never turned on his lights either. I was wondering if thats legal, or is it harrassment?
2006-09-02 08:50:49 · 19 answers · asked by Alderson 1 in Cars & Transportation ➔ Insurance & Registration
If indeed they knew you, and knew you were driving without a license, that was probable cause in itself to pull you over. Also, random checks in a road block situation where they pull over some cars to check for insurance is legal. Also if your car is the same make and color as one that was involved in a crime, that's legal too.
I'd suggest you get a license and proof of insurance, then you won't get any more tickets.
2006-09-02 08:57:29 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
Cops cannot pull you over without probable cause. If you are obeying all traffic rules, and there is nothing wrong or illegal w/your car, such as front windows tinted, broken or off lights or any illegal visible alterations to your vehicle, you should not have been pulled over. Did you ask the officer why you were pulled over? You have the right to do so. However, if he knew you personally, and had reason to believe that you may have been driving w/out insurance and/or a license based on your character, or past experiences, he will be able to justify why he pulled you over in court if you sue him or the police department and that classifies as problable cause. Either way, the tickets that you received will not be taken away.
2006-09-02 13:24:59 · answer #2 · answered by maurcal 2 · 0⤊ 0⤋
NO, law enforcement does not need probable cause to pull you over. They can pull you over if they want to do as much as a license, registration, and insurance check. Probable cause means "give them a reason". if you act suspious, then they can pull you over. If they ask if they can search your car, and you say no, then that is considered probable cause. Now you say that the officer knew you, well he must have somehow known from your past that you didnt have license or insurance to drive.
and yes, he can stop you for that, that was probable cause, just by seeing you driving if he in fact knew that you were not supposed to be driving. Probable cause covers a extremely broad array of situations, and is in the favor of law enforcement.
2006-09-03 15:38:42 · answer #3 · answered by bobby 6 · 0⤊ 0⤋
Police officers are part of the Executive branch of government, yet they issue you a judicial notice to appear, a function of the Judicial branch of government. That's an illegal act. (Separation of powers doctrine)
Technically, police offers can only do one of two things, they can arrest you for disturbing the peace or for injuring/damaging someone's person, property or reputation. the only other thing they can do is release you. It's unlawful for them to detain you or Issue a judicial summons (not allowed by the Constitution).
By the way, search your vehicle code, cops can't "pull you over". You volunteered for the stop by pulling over, all the vehicle code requires you to do is get out of their way when they come up behind you with lights flashing and sirens wailing.
You probably have contracts with the State that you had no idea would nullify your Constitutional rights.
You can asseverate these contracts, but it costs $3,200 for the program. Freedom always has a price.
2006-09-02 10:46:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If he knows you and your car then presumably he had no real reason to pull you over and how does he issue tickets for no licence and insurance unless thats true ? Was it because you did not produce the licence and insurance on the spot ? Anyway it sounds like harrassment really, best take it up with the sargent at the station.
2006-09-02 08:56:10 · answer #5 · answered by Latin Techie 7 · 0⤊ 0⤋
Let me get this right, you where breaking the law and got caught and what to know if its harrassment for a cop to do his job! His probale casue was that he knew you didn't have a license! Stop getting into trouble and the cops will not know you and this problem will stop!
2006-09-02 10:11:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It's both. It's legal and harassment. Legal harassment.
I got pulled over on a bicycle 2 years ago for a sobriety test by a state trooper in Ohio. Apparently he hadn't made his quota for the night. I passed with flying colors.
ALL cops are F*orking IDIOT pigs who aren't SMART enough to make it in college with a REAL major so they take STEROIDS and strut around like bada$$e$$$ trying to cover over their insecurity with bravado. I am a white guy with an absolutely squeaky clean record, by the way. Screw cops. They're stupid.
2006-09-02 09:01:06 · answer #7 · answered by Anonymous · 0⤊ 1⤋
If you have a history of always getting a summons then it's probable cause. If the cop knows your a habitual DMV violator...later for that...you're screwed
FYI....... those type of tickets are easy to beat...show up on court night and say you want to see the prosecutor...show him the docs and you're out of there...
2006-09-02 08:57:27 · answer #8 · answered by Cool Breeze 3 · 0⤊ 0⤋
An officer can pull you over whenever he wants, its called a random traffic stop. He however does need probable cause to search your vehicle.
2006-09-02 08:58:43 · answer #9 · answered by puzzle55usa 3 · 0⤊ 0⤋
His "probable cause" was that he knew you were a repeat offender for no license or insurance; there was a probability that you were still doing it.
2006-09-02 08:56:45 · answer #10 · answered by Anonymous · 0⤊ 0⤋