My brother was going into the mall. When he was in his car with a female friend with his music playing. An officer who was put on mall duty pulls him over because he claimed his music was too loud and demanded his license, registration, and insurance. He was given a ticket for some issue with his out of state license, which was news to him and in and of itself surprising. My brother claims that he did not have the music at an unreasonable level. My question is can he ask for his driver's information if its disturbing the peace, and then a ticket for an unrelated issue?
2007-09-27 15:50:58 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
for those who are asking about the cop's role the cop was on mall duty so technically working for the mall but has a city badge, and about the period of time he would have been in the vicinity of the mall, maybe 5 minutes as he was just pulling off the main road onto the property. He hadnt even gotten to park yet.
2007-09-27 16:05:21 · update #1
If there was a noise violatiion the officer has the right to ask questions of pedigree as well as the more invasive questions about showing a license and registratioin and insurance. Sure, the cop probably just wanted to run the guy's license and could have been fabricating the noise thing, but if he believes a violation is being comitted he can check it out. Note , however, this violation would not give him the right to search anyone or the vehicle.
2007-09-27 16:14:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Cops can ask whatever they want - the question you want the answer to is does he have to provide it.
Hard to say in this case. Was the cop off duty, working for the mall, just passing by or what? Answer affects who the cop was representing.
I would never show my id to a security guard at a mall. Let him ask me to leave the property - fine it is private property.
A real cop investigating disturbing the peace or something similar? That is suspicion enough to approach him. State laws may vary on if he has to comply. If he is investigating one thing and finds another, of course he can do what cops do. haven't you ever seen Law and Order or any cop show or movie? :)
"Oh sorry officer you found the gumballs I stole from the kid. Jokes on you - now you can't arrest me for having the kid's body in the basement. Ha ha!"
You can probably google "do I have to show a cop my ID" for some prety solid answers from lawyers and other advocates.
That's is water under the bridge now. Fix the issue with the ticket and be done with it. Be more prepared next time.
2007-09-27 16:00:30 · answer #2 · answered by Barry C 6 · 0⤊ 1⤋
Yes, he can. Police have been known to pull you over for one reason and give you a ticket for something else. It may depend on what was the lesser or severe penalty. He might have decided to let go of the one ticket and give the minor of the 2. Perfect example, If you swerved because you were texting while driving he may think you were DUI but when he steps up to the car he doesn't smell anything but you are without your seat belt. He could write off not doing sobriety tests on you but just give you a ticket for no seat belt.
2007-09-27 16:05:50 · answer #3 · answered by Tammy571 2 · 0⤊ 0⤋
An actual police officer (not security guard) can stop you and ask you for identification pretty much anytime, for pretty flimsy reasons. And if he finds something wrong with that license, he can ticket you for that.
So, your brother thinks it was a flimsy reason to be questioned, but if there really was problem with his license, he better get it fixed before the next time he decides to loiter on private property with his girl.
2007-09-27 17:54:15 · answer #4 · answered by raichasays 7 · 1⤊ 0⤋
Some communities have laws regarding "noise pollution". People need to know that the music is way to loud when you can't hear emergency sirens when driving.
2007-09-27 16:42:22 · answer #5 · answered by Eye B 3 · 0⤊ 0⤋
Yes, your brother deserved the ticket. I hate people who think the world around them wants to listen to their music full blast.
2007-09-27 15:59:33 · answer #6 · answered by crazylifer 3 · 1⤊ 0⤋
Yes.
Next?
2007-09-27 15:54:44 · answer #7 · answered by open4one 7 · 0⤊ 0⤋
Police officers are dishonest and will lie in court. Dont give them a reason to harass you. They are losing respect because of their wicked corruption.
2007-09-27 15:59:58 · answer #8 · answered by Anonymous · 0⤊ 1⤋
YES! The officer can cite you on anything he sees or finds.
Also, ignorance is no excuse - i.e. "I didn't know that was illegal" will never get you off.
2007-09-27 15:55:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
NOTHING LIKE LEGAL IN IT STRAIGHT, YET SOMEONE IF FEELS DISTURBANCE CAN ASK TO STOP THE THINGS, IF STILL NOTHING HAPPEN, HE CAN ASK OR COMPLAIN THE AUTHORITY TO STOP THE PERSON. I THINK U GOT UR ANSWER.
DINESH MARATHA
ADVOCATE
contact_maratha@yahoo.co.uk
2007-09-27 16:00:23 · answer #10 · answered by dinesh m 1 · 0⤊ 0⤋