And all evidence proved that you did not do it. And the officers lied on oath and in their police report. And evidence showed where the officer lied. And in the end the jury/judge finds you, not quilty. And the charges are dismissed. Is that then called an illegal traffic stop by the officer? Or what is it called? And what does the law say on illegal traffic stops?
2006-10-11 21:17:01 · 7 answers · asked by Page 1 in Politics & Government ➔ Law Enforcement & Police
~The evidence at trial never proves you innocent. There is no such thing as a verdict of "innocent". You were found "not guilty", meaning only that there was a reasonable doubt as to your guilt.
The charges were not dismissed - you stood trial. They were simply not proven and you were acquitted.
No it is not called an illegal traffic stop. It is called an acquittal after trial. The law on illegal traffic stops take up a few volumes of cases under the exclusionary rule, illegal search and seizure and the 4th Amendment. You can read up on it yourself.
2006-10-11 21:29:19 · answer #1 · answered by Oscar Himpflewitz 7 · 3⤊ 0⤋
Police generally have to have probable cause to stop your vehicle. If they fail to do so, then the traffic stop and the evidence from the traffic stop may be excluded and not be permitted to be introduced or used against you at your trial, unless there is another foundation for the evidence. If the judge and/or jury find you not guilty, then what the officers said, or the traffic stop are all irrelevant as to the criminal charges.
If drinking or drugs were involved you may also face civil and administrative penalties as a result of the traffic stop, and you would need to hire an attorney and deal with those issues separately, depending on applicable state and federal laws.
2006-10-11 21:30:49 · answer #2 · answered by Sir Ed 4 · 1⤊ 0⤋
In court they only find that there is not enough evidence to prove beyond a reasonable doubt that you were guilty But it does not prove you were innocent.
If you think there was an illegal stop then you would have to bring a lawsuit and prove by a preponderance of the evidence that it was an illegal stop and that your constitutional (federal and/or state) or some stautory right was violated. In this case it is possible you could get some damages. Depending on the jurisdiction you might be able to get punitive damages and attorneys' fees.
2006-10-11 21:28:40 · answer #3 · answered by beckychr007 6 · 2⤊ 0⤋
Gather all the necessary evidence to prove that the policemen lied against you. Solidify your defense because it is your only choice.
2006-10-11 21:37:56 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
It's called Bad Cop no Donut
2006-10-11 21:41:13 · answer #5 · answered by John Scary 5 · 0⤊ 1⤋
It is a MISTAKE, or poor judgment on the part of the officer.
2006-10-12 01:17:00 · answer #6 · answered by WC 7 · 0⤊ 0⤋
no it is not called anythng, it is merely called you were found innocent at trial.
It works the same way with any arrest, for any criminal charge.
2006-10-12 07:36:17 · answer #7 · answered by Anonymous · 0⤊ 1⤋