say you were driving down a street following the speed limit and everything but its a few minutes after curfew and stop at a red light. a cop car is next to you at the red light and can he just stop you right there because he assumes you are not supposed to be driving?
2007-02-17 05:54:25 · 15 answers · asked by luky 2 in Politics & Government ➔ Law Enforcement & Police
they sure can
2007-02-17 05:57:04 · answer #1 · answered by RUSSELLL 6 · 1⤊ 0⤋
A police officer MUST have a reason to pull you over. (I live in az but its the same throughout for the most part). If a cop see's a 16 year old driving past curfew they can legally follow them until they make a driving mistake of any kind.
.. story.. My friend's brother is a police officer here, she was working late at her job and left at 1am (shes 17). On her way home a cop pulled her over, she knew her rights. The cop came up to the window and said how old are you? She said you know as well as I do you cannot pull me over for curfew, when the cop heard this he was suprized and said you were speeding (she was not) so she said thats crap, I was cruise controling the speed limit. The cop said goodnight drive safe. .. If you know your rights, express them.
2007-02-17 06:27:23 · answer #2 · answered by Andrew23243245 1 · 1⤊ 0⤋
Just for that reason, I will say no. As to stop a vehicle, they need probable cause. BUT believe me if they want to stop you they will find the probable cause they need. There are so many cars on the road with a license plate light that is out. Guess what, they got their probable cause. This is just one, but there are so many other things the cops can use. (Legally) I would suggest only that if you are at an age where there is curfew, then don't wait so late to go home. I mean if you get busted will it have been worth your staying out so late? Think about it.
2007-02-17 05:59:18 · answer #3 · answered by GRUMPY 7 · 0⤊ 0⤋
No California law requires you to identify yourself to a police officer. However, if the officer has probable cause to believe you are under 18 and violating the law, and you cannot present ID that shows otherwise, you are subject to detention and a call to your parents (or, less likely, a trip to juvenile hall). This has nothing to do with the policies merchants may have in place. ADD: While it is true that the US Supreme Court has found that "stop and identify" laws are constitutional, those laws make it a crime not to identify yourself if lawfully detained by a police officer. California has NO such law. It is not "obstructing justice" to refuse to identify yourself (indeed, California has no crime of "obstructing justice"). It can be interference with an officer to refuse to identify yourself only after a lawful arrest and booking into a jail. But I reiterate: if a police officer has probable cause to believe you are under 18, and you cannot show otherwise, you risk arrest--not for failing to have ID, but for the offense the officer has grounds to believe you have commtted. So does the person unlawfully carrying an AR-15 or handgun. ADD2: When the law makes certain conduct illegal if you are of a certain age, then, yes, if the officer has grounds to conclude that you are engaged in that conduct and are of that age, he has probable cause to arrest you for that violation.
2016-05-23 23:04:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Believe it or not, the USA Patriot Act endowned our law enforcement officials with powers beyond their wildest dreams.
Recently, my brother landed himself in a little bit of legal trouble. It seems his wife stole a license plate and put it on their car, rather than just buying insurance and registering it legally.
Prior to 9/11, Police needed either a warrant or probable cause to enter on to one's property and conduct a search.
In the post 9/11 world, this is no longer the case. My brother was arrested in his bed after a policeman drove down his neighborhood, checking plates on parked cars.
My brothers car was parked INSIDE a garage. The policeman entered his garage without permission, called to check the plate status, discovered it to be stolen, and arrested my brother.
My brother is now serving a 1 year sentence for something he didn't do. He has 6 months left. His wife celebrated this by spending their entire savings and then leaving him high and dry for another man, whom I understand is now also in jail due to her.
So, it would seem now that the Police can pretty much do anything they want, doesn't it?
2007-02-17 06:02:42 · answer #5 · answered by royalpainshane 3 · 1⤊ 1⤋
Yes
2007-02-17 05:56:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes
2007-02-17 05:59:12 · answer #7 · answered by what? 3 · 1⤊ 0⤋
The law is called "implied consent".
In America driving is a privilege, not a right. And in exchange for the "privilege" you give the police the "implied consent" to pull you over at anytime, for any reason. Or for no reason.
2007-02-17 06:00:38 · answer #8 · answered by Gem 7 · 2⤊ 0⤋
All police officers in every jurisdiction can do this. This is called enforcing the curfew.
2007-02-17 12:47:07 · answer #9 · answered by WC 7 · 1⤊ 0⤋
Apparently you do not understand the meaning of the word curfew very well.
2007-02-17 05:58:55 · answer #10 · answered by Val 2 · 1⤊ 0⤋
Probable Cause
They can also stop you if they think you Drinking Alcohol, Robbed a Bank, Having Sex while driving, etc. etc.
2007-02-17 06:03:30 · answer #11 · answered by Snaglefritz 7 · 0⤊ 0⤋