Can the police pull anyone over simply because a crime was reported in the AREA I was driving in?

Question

So a family member of mine was pulled over... the officer said that he wasn't doing anything wrong, but that there was a report of someone hearing gunshot like sounds in the area. Doesn't he need to have some sort of correlation between the report of gunshots and the car, or can he pull anyone in the general area over at will?

They were cited for having something else in the car, and I'm wondering - if there is a legitimate dispute over the legality of the stop, could other charges be thrown out? THANK YOU!

Answer 1

When a crime is reported in the area, it is called exigent circumstances, which means there is an immediate threat to the safety of the general public, which is considered more important by the courts than the privacy rights of an individual.

There is little to no expectation of privacy in an automobile, as opposed to a residence, because when you are driving an automobile in public the safety of the public is considered more important then the privacy rights of the individual.

The police can pull anyone over driving in an automobile, as opposed to just walking down the street, whether or not a crime was reported in the area you were driving in or not because the safety of the general public is considered more important than the privacy rights of the individual.

Disputing the legitimacy of the stop is highly unlikely to prevail since this issue has been firmly established as a principle of law for quite some time in all of the 50 states in the United States.

Answer 2

Let me answer this from my real life experience as a police officer.

The police need probably cause to stop a vehicle. Most people think that this means that you must break the law before the police can pull you over. This is NOT true. Probable cause can mean a lot of things.

Over my years on the job I have responded to dozens, probably hundres, of shots heard and/or shots fired type calls. I have repeatedly stopped cars seen in the area of these calls to investigate whether or not the car was involved in the reported shooting. Some of these stops have led to arrests not related to shooting and I have never lost one of these in court.

Here is a real life example. Several years ago I responded to a call of shots heard in a residential area in the middle of the night. I was nearby and was in the area of the shots within about a minute. When I pulled into the area I noticed a vehicle leaving I had seen the vehicle several times at area drug houses but never had a good reason to stop it. It was the only vehicle moving in the area and I initiated a stop to investigate whether it was involved in the shooting. It was not, but the driver was found to be on parole and I conucted a parole search of the car. Inside the car was methamphetamine. The driver went to jail and was later sent to prison upon his conviction.

You can always challenge the legality of the stop, but it is likely that the courts will side with the officers on this one.

Answer 3

He does have a right to pull the car over. For the most part the reporting party/caller wasn't able to give a good description.

So the officer was being proactive in stopping the car(s) leaving the area of the incident. The officer doesn't know if the occupants has weapons in the car or not. So therefore he could have any well intention in stopping your family members car.

Just remember one thing.... if you were the officer wouldn't you do the same thing. Also if the officer smelt freshly burnt pot, by MA standards he has cause to search that car.

Mike

Answer 4

I wouldn't hold my breath hoping that the legality of the stop is over turned. If the only reason the Officer stopped your family member is for the shots fired, then he has every right to stop that vehicle and investigate. Most shooters leave the scenes of shootings in vehicles. That has been proven time and time again. Not to mention there was probably something else to cause this Officer to believe that this vehicle may have been involved. Often times with these types of calls, several different reporting parties call in. Sometimes, in my experience, they mention only that they heard a vehicle leaving. No description and nothing further. This is the info the Officer has at the time of the stop.

If the "something", as you call it, was in plain view, like an open container of alcohol, then it is totally admissible in court. Also, there are only a few ways to search someone's vehicle. There must be probable cause, consent, warrant or exigent circumstances. If it wasn't found by using one of these, then is was an illegal search. Sounds like the driver could have given consent or it was in plain view?

Answer 5

Laws vary in each state, but in this situation (as according to our laws) the officer had the right to pull this car over. They can use almost any excuse to stop a vehicle (weaving, speeding, impeding traffic, etc.) and you cant usually prove them wrong. But the other charges will always stick. No matter what made the officer decide to stop them, the person still had something illegal.

Answer 6

Most of the cops and judges in the US are members of a secrete gang,called the Freemasons...If your family member has crossed a Freemason thy will use the system to get even.Even if its illegal to do so.Freemasons take a oath,swearing to protect there members,even if the cop done something illegal.Thy are bond by this Freemasons oath .So even if you go to Court over these,the judge will side with the policemen, if he is a Freemason.Further more..If the truth was known ,its more likely that a Freemason called in a false report of a gun shot ,just in time to pull your family member over.Its more likely thy knew what was in the car long before thy got pulled over.Its very possible that this was set up,just to pull your family member over.Read the Freemasons oath,thin try to find out if this cop is a Freemason.But keep in mind that this is a secret society,that well lie to protect there gang members.And be careful.These are dangerous people who well stop at nothing to get there way.This is why Freemasons should not be allowed to be judges or policemen.

Answer 7

the fast answer is definite. i'm from canada and each time i've got been all the way down to the u . s . i've got been appalled on the racism down in this meant loose usa. Police are two times as possibly to seek blacks and different races via fact they want to take votes remote from the minorities. to offer whites greater skill. I won't even circulate to the u . s . anymore. the full usa is ******. I propose in case you get caught with a gram of dope you circulate to penal complex for like 7 years. Thats greater beneficial than a rapist. In Canada you get caught with a gram of dope worst case it gets taken away and you get an $80 superb. possibly you in basic terms get informed to circulate abode and not something happens. the only governments worse than the present american one in recent history have been Soviets and Nazi's. And united statesa.'s fascist and discrimatory government isn't some distance off.

Answer 8

well according to the us supreme court the answer to your question is no.

the officer was investigating the call of gun shots being heard and has the right to investigate the call. which means if the call came in as the shots were being fired from a vehicle and that vehicle is the only one in the area then the officers can stop, detain, and check it out.

Answer 9

I had the same happen to me one time.
A drive by shooting had happened.
I not only got pulled over but surrounded and guns drawn.
The car that did the shooting was described as a red mustang...I drove a red ford tempo.
Anyway when they saw my kids in the car I guess the realized they had the wrong car. But one of them stuck around to give me a citation for a faulty brake light.
Yes I started laughing hysterically...thinking theres someone shooting the city up yet I am getting a ticket for a brake light.
I went to the appearance and plead the case since I was not pulled over for a moving violation the citation was bogus and the judge did throw it out.

Answer 10

Likely the stop would be found just. However the relevant question may be whether or not your relative consented to a search of the vehicle. Regardless, he needs to seek the services of a reputable criminal attorney immediately. Best of luck