I was at a friends house tonight watching TV and left at about 3:30 am. I turned out of his neighborhood and their was a cop on the side of the road doing paper work(I could tell cause all his lights were off but the ones inside and I could clearly see him the entire time), the cop then pulled out behind me and followed me into my neighborhood and pulled me over. I live less than a mile away from my friend and he claims his reason for pulling me over is because I made an extremely wide turn out of the neighborhood, yet he didn't even see me when I was turning, I didn't make a wide turn at all, wasn't speeding, swerving, or anything like that. He asked me literally 7 times how much I had to drink and everytime I told him none, then he let me go home. But this pisses me off cause he did not have probable cause, I wasn't intoxicated, and I think the only reason he pulled me over is cause I was in red camaro. What can I say to the cop if this happens again, with out getting arrested?
2007-11-09 19:43:41 · 16 answers · asked by nick 1 in Politics & Government ➔ Law Enforcement & Police
Legally I disagree with the retired police officer. The officer did not have probable cause to believe you were OWI. He questioned you about how much you had drank that night because that was the intent of his stop. The courst have held in traffic law that probable cause must have existed and it must match the circumstances of the stop and the interogation. So, even if we had proceeded down the road to an arrest for impaired driving he would have lost the initial hearing in most states. The defense would have argued that probable cause did not exist for the stop, their was no evidence of a crime and the officers conduct was aggregious. So, I believe you are correct. The officer stopped you on a fishing expedition and nothing about his conduct was legal. Our constitution prohibits unreasonable search and seizure and the courst have held that stops are legalls seizure and must be in accordance with the law and most be reasonable.
2007-11-09 21:16:08 · answer #1 · answered by The Law 2 · 0⤊ 4⤋
"Studying law and preparing for law school. Bachelor in Criminal Justice. Associate in Paralegal studies."
That has to be the funiest source in the history of "Answers" All classroom theory and no real experience. I really do hope you get your law degree, cops love to go to court against lawyers that have no clue to what the law really is and depend on their personal opinion.
Anyway....so you say you could see the cop but the cop could not see you huh? He might of pulled you over because he thought your invisible car was suspicious looking. Making an extremely wide turn is a indicator of someone that is DUI, or distracted and could be unsafe. If you are saying the cop has lied and pulled you over for no reason, except that it may have been red car day, file a lawsuit for a violation of your rights. The American Criminal Liberty Union will probably help you if you are not white.
Oh yeah....Red Camaros went out in the 80's. They are now considered a family car, not a sports car. Now if you said you were in a Red/white Shelby 500, you might be believable, now thats a real sports car.
2007-11-10 12:58:14 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Oh no, cops shouldn't pull you over, ever. They should let everything go. It doesn't matter if it is a wide turn, a failed stop at a stop sign, or stop line. None of things three things ever hurt anyone. Cops should never stop anyone at 3 in the morning crossing the street without a crosswalk, riding with no headlight on their bicycle, or "just" standing in front of a closed business. Who are these people? We have rights... Who cares about a little weed, paint thinner in a soda can, or even crack. And, if selling things are legal and sex is legal than why isn't selling sex legal. Why do cops always try and stop drugs and prostitution. Those things never lead to bad things. They never lead to other crimes. Wide turns never lead to traffic accidents. People who make wide turns are never rolling a joint... People who make wide turns are never drunk, etc. etc...The same with stop signs and stop lines...Never wrong... Burglars always use a crosswalk... People who ride bicycles at 3 in the morning ride bicycles at 3 in the moring because their criminal history dose not allow them to have a license or a job... People who stand in front of closed businesess at 3 in the morning are waiting to get an aplication, I'm sure... Your a whinny little girl. Get over your red Camaro. It isn't fast, it isn't cool. A cop can get probable cause for anything at anytime. If he was "doing" paper work I'm sure he wouldn't drop it for you. Unless, they all know you for some reason or another... I'm sure that you didn't make a wide turn...Many cameras now record a minute prior to the lights being activated...So there goes that argument. And, I doubt he asked seven times "how much you had to drink". That is not a good question anyway... "how much what?" How much water... Get your story straight.
2007-11-10 08:28:43 · answer #3 · answered by wfsgymwear 3 · 3⤊ 0⤋
Cops don't need probable cause to conduct a traffic stop. Only reasonable suspicion is required. The best you can do on the stop is say thank you sir and take the ticket to court. If no ticket was issued and you still have a bad feeling about the encounter you can make a complaint to his supervisor. Keep in mind that most officers are wired for sound and record both audio and video of every stop so don't go in there slinging accusations because the supervisor will already know what has happened before you even go in to talk to him. If you go in with an exaggerated story made up he will make you look really stupid when he pulls out the tape. Also I would wager to say the officer saw more then you think and with 1/3 of the drivers on the road at the time of the night impaired you should thank him for being that aggressive trying to lock up DWIs. To Add to this dont take what THE LAW posted as advise. He must have gone to a bad school if those are his words of wisdom. Cops can pull someone over for a traffic offense if there intent is otherwise...see Prouse v deleware. Its called a pretextual stop and any thing found during the course of that stop is fair game.As long as the stop is legal and like I said before PROBABLE CAUSE IS NEEDED TO ARREST NOT TO CONDUCT A VEHICLE STOP only reasonable suspicion. I suggest you finish law school before you start giving out jail house lawyer advise because someone might actually try to act on that poor advise and get in worse trouble. Not a personal attack but you dont know what your talking about.
2007-11-10 08:10:59 · answer #4 · answered by Doubletap 2 · 2⤊ 2⤋
Just so that everyone in here is on the same page:
The officer only has to have REASONABLE SUSPICION to pull you over.
"The Law" will get a real education when he goes to law school. In the meantime, perhaps he should leave the answers to those of us who are a little more experienced.
If you are operating a motor vehicle, I can, and I WILL pull you over for any reason I see fit. I have the duty and the responsiblity to ensure that only licensed, competent drivers are on the road.
If you give me a reason, like not controlling your car properly when you make a right turn, even better.
And you can whine about being profiled, or that your car was profiled, or WHATEVER, it doesn't lessen the fact that in doing my job, the traffic laws of my state support me in my enforcement of them.
Drive more carefully and have a nice day.
2007-11-10 16:12:48 · answer #5 · answered by crusader rabbitt 5 · 1⤊ 0⤋
I don't think the cop has any reason to pull you over unless there is a traffic light and the road has some vehicles too. Since you said you were in a neighborhood, there was probably no other vehicles around. And if that is a wide turn, the road must be wide also. To make a narrow turn to a wide road is even dangerous, don't you think so?
2007-11-10 03:56:58 · answer #6 · answered by arky_ozleck 2 · 1⤊ 3⤋
Yes they can....they can do whatever they please, they have the upper hand. Best thing to do is cooperate fully and act in a civil manner with respect at all times. When an officer asks you if you have been drinking...ask him for permission to answer his question...."Officer, may I have your permission to amswer that question as I want to fully cooperate with law-enforcement who I admire, respect and always obey, knowing they are always right and I must be told should I have done something wrong!" Then the officer will have a calm approach to reading you the riot act before he or she allows you to go on your way without a ticket or being arrested! Remember you catch more flies with honey, than vinegar! Before you pull away, thank the officer repeatedly....then when you get far enough down the road and can pull over safely...stop get out a paper-towel and wipe the brown stuff off your nose...and call it a night!
2007-11-10 06:23:46 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Based on the information that you gave, he did nothing wrong. If he even perceives that you might be intoxicated, it is probably procedure to make the stop.
If something similar happens again, put your wallet on the dashboard before he gets out of his vehicle, let down your window, and keep your hands on the steering wheel. Then follow his instructions. It is probably no big deal.
He asked you multiple times because if you were not confident in your answers, you would likely slip up.
Happy Birthday, Marine.
2007-11-10 10:58:55 · answer #8 · answered by agave_1986 3 · 1⤊ 0⤋
a cop can pull over anyone for any reason he believes is probable.......if u did not do anything wrong, he is bound by the law to not do anything about it
2007-11-10 07:38:51 · answer #9 · answered by James Boroznoff 2 · 1⤊ 0⤋
MANY BURGLARIES AND BURGLARS ARE OUT AND ABOUT AT 1PM TO ABOUT 4AM?
HIS AREA MAY HAVE JUST HAD A BURGLARY THAT HE WAS WRITING ABOUT AND YOUR VEHICLE FIT THE DESCRIPTION. OR HE WAS USING A SELECTIVE ENFORCEMENT TACTIC OF WHY ARE YOU OUT AT 3:30AM? I DO NOT KNOW YOU WHO ARE YOU? WHAT ARE YOU DOING IN MY PATROL AREA?
MOST PEOPLE ARE OFF THE ROADS AND AT HOME IN BED BY 3AM?
LIKE I SAY WE LOOK AT THINGS FROM A DIFFERENT PERSPECTIVE, IT IS OUR NATURE TO QUESTION SOMEONE OR INCIDENT THAT HAPPENED OR MAY BE ABOUT TO HAPPEN.
IF HE THOUGHT ANYMORE ABOUT IT HE WOULD HAVE ARRESTED YOU.
2007-11-10 08:38:56 · answer #10 · answered by ahsoasho2u2 7 · 1⤊ 0⤋