2007-02-09 10:27:52 · 9 answers · asked by Phil D 3 in Politics & Government ➔ Law Enforcement & Police
You can move to suppress any evidence obtained as the result of an illegal detention. That could include his identification of you as the driver. However, that may not help you. If the officer can identify you as the driver based upon observations he made BEFORE he stopped you, then that would not be suppressed. The fact of the license suspension exists independently from the stop, and so that could not be suppressed, either.
To clarify this for my man mikeysco. Take this scenario. Police officer drives next to a vehicle, and gets a real good look at the driver. Nothing illegal has happened. The police officer then stops the fellow for no legal reason (it happens). The police officer then finds out that the driver's license is suspended. Since the only things that get suppressed are things obtained by exploitation of illegal conduct, a prosecutor can prove this charge. The officer can be called to testify that he saw the person driving (since he did that before anything illegal happened). The suspension of the driver's license can be proven through DMV records without involving the officer getting that information improperly. So, the illegal stop does not necessarily mean that the driver escapes punishment for the illegal driving.
Hope that makes it clearer.
2007-02-09 10:38:16 · answer #1 · answered by Anonymous · 2⤊ 0⤋
i am going to respond to this an same way I did once you requested it for a 2d time: you are able to flow to suppress any information received because the end results of an unlawful detention. that ought to comprise his id of you because the driver. although, that could not help you. If the officer can perceive you because the driver depending upon observations he made earlier he stopped you, then that doesn't be suppressed. the actual actuality of the license suspension exists independently from the best, and so as that ought to not be suppressed, both.
2016-11-26 20:07:45 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Gee, that's tough. If he pulled you over for no reason and then charged you with something for which you were not guilty, you might have a leg to stand on...
But whatever the reason he pulled you over, he found out YOU weren't even supposed to be driving in the first place.
The only way I know to beat that is to put the ticket on the floor and whomp it with a baseball bat.
2007-02-09 10:43:20 · answer #3 · answered by scruffycat 7 · 0⤊ 1⤋
you cant, in most states when a officer runs your tag(dont need a reason to do so since technically the tag belongs to the state) your driver status comes up. thats all the reason to pull you over without you committing any traffic violation. trust me on it i use to be an officer
2007-02-09 13:26:06 · answer #4 · answered by DAVID P 1 · 0⤊ 0⤋
I suppose you could argue that there was no cause to stop you, hence any evidence from the stop has to be thrown out of court. This is essentially an appeal to the 4th Amendment.
2007-02-09 10:33:54 · answer #5 · answered by Nicole B 5 · 1⤊ 0⤋
More information needed...what's the "invalid" reason? Many people think a reason is invalid when it isn't.
2007-02-09 10:34:42 · answer #6 · answered by I_Spy 3 · 0⤊ 0⤋
A warning to all: Listening to jacj ainshowor will land you in jail!
2007-02-09 13:20:57 · answer #7 · answered by harrison 2 · 1⤊ 0⤋
how do you think its legal to drive under a suspended license? DUH
ITS SUSPENDED.
no matter why you got puled over.
2007-02-09 10:35:38 · answer #8 · answered by clomtancy 5 · 1⤊ 2⤋
u dont have to stop if ur not doing anything. but if u do ur screwed ur stupid for pulling over is what the judge will say.
2007-02-09 10:40:36 · answer #9 · answered by Anonymous · 0⤊ 4⤋