Can a police officer stop you for expired insurance without probable cause?

Answer 1

They must first know that you are expired. Or must stop you for an unrelated traffic violation. Random stops for the purpose of checking are not allowed - State Supreme court decision involving the State of Delaware V Donald Prouse Dep't of State Police v. Sitz, 496 U.S. 444, 450 (1990); Delaware v. Prouse, ..
This has become the guidline by which all states follow.

Answer 2

In my state, you now have to site the probable cause offense in order to site for things you find after the fact. I would look into this, because I think other states are enacting statue law towards this, since we have some fine officers out there that make poor decisions.

The idea before was to give officers some room to make stops on those that had serious offenses that were unresolved, and technically could not identify the person just by driving behind them. Since there have been officers doing other stuff that is more like bullying than police work, this will soon be the norm.

You remember what the officer said, if they had a reason to stop you prior to asking about your insurance, than you are more than likely stuck. If not, seek relief from a judge.

Answer 3

In the traffic code for my state there it states that you can do a stop for a license check. I will try to find another way to stop a car if I want to. If you follow a car long enough they will commit a traffic violation, such as fail to maintain a single lane, stopping past the stop line or on the crosswalk at an intersection, following too close, etc. Just renew your insurance and pay the fine.

Answer 4

Yes, the probable cause is lack of current insurance. That is why the police set up checkpoint stops along the road every now and then. This is perfectly legal.

Answer 5

In my State, officers can stop and just ask to see your license and insurance, because you are supposed to have them at all times. If you have them at all times, what's the problem with the officer stopping you?

Answer 6

insurance might not be enough for PC in some states. Trust me though, you were doing something else stupid and gave the officer the PC he needed to pull a traffic stop. Quit crying, and deal... besides how hard is it to keep a copy of your insurance in your car, or if you are me, in your wallet.

Answer 7

a international Drivers License isn't valid through itself! utilising and not using a valid drivers license is a offender offence and concern to arrest, California vehicle code 12500 makes it unlawful, and a misdemeanor, tochronic and not using a valid license on any street in California. someone stated for utilising and not using a valid license in CA may be punished through probation, time in county penal complicated, and fines of as a lot as $one thousand plus surcharges. Searches; Investigative Detention: Terry v. Ohio; 392 U.S. a million (1968), became a range through u.s. splendid court which held that the Fourth modification prohibition on unreasonable searches and seizures isn't violated even as a police officer stops a suspect on the line and searches him without in all likelihood reason to arrest, if the police officer has a lifelike suspicion that the guy has dedicated, is committing, or is about to commit against the law. vehicle Exception; automobiles may be searched and not using a warrant because of a discounted expectation of privateness. automobiles recent in a public position per chance searched and not using a warrant, consent, or arrest, the position officials have in all likelihood reason to believe the vehicle consists of contraband or data and it is impractical to receive a search for warrant. The splendid court recognized in Carroll v. us of a (1925), allowing the police to seek automobiles without warrants. “inventory searches” are the 0.33 doctrine allowing the police to finish warrantless motor vehicle searches. In Colorado v. Bertine (1987), the court held that the police would thoroughly search for automobiles that were lawfully impounded for any reason. the only factor out of race I see is from you, per chance you're the racist?

Answer 8

In a large number of states, insurance companies must now notify DMV if your insurance is expired. A cop can sit at an intersection and run plates as you go by. If he gets a hit, he pulls you over..............

Answer 9

In my state, not having car insurance IS probable cause !!

You can have your license taken away if you don't have insurance. Best check your state's laws; quickly.

Answer 10

you cant tell if it is expired until you stop them....there must be probable cause but it doesnt have to be cited along with the insurance violation.....ex:you are stopped for illegal lane change,warned for that and cited for insurance.....but there has to be a visible reason for the stop..i.e. "probable cause"...