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A woman tells an officer(upset her husband got pulled over)info on an illegal driver.Four days later,the guy is fixing to pull into the driveway of his residence to talk to the office manager as this officer passes him driving towards him.Driver continues on into the office with his business.The officer calls into the office and tells the owner(also with law inforcement-DTF)that he has someone in his office thats driving illegally. The driver and office manager go outside, where the officer os waiting. Driver is charged with driving on suspended Lic., no insurance, and fictishous tags. No arrest is made, and vehicle wasnt towed thankfully, due to the owner stepping in. Can an officer watch for someone just because someone else says they are illegally driving? More so, can you be ticketed for DOS if you were not pulled over while driving(no lights,nothing),had entered a building so forth w/out being in pursuit, and not physically seen in the driver seat?Appreciate answers asap Arkansas

2007-11-28 18:12:52 · 5 answers · asked by littletomboy30 1 in Politics & Government Law Enforcement & Police

5 answers

If the officer saw the suspect driving, as you said he did, he can cite for it. The officer had reasonable cause to investigate the suspect due to the fictitious tags.

The suspect leaving the car and going somewhere means nothing.

Case closed.

2007-11-28 19:56:02 · answer #1 · answered by California Street Cop 6 · 1 0

Why wouldn't it be legal? A police officer witnessed a person driving a vehicle who has fictitious tags and a suspended license. Why shouldn't the officer cite the driver and then take the case to court? Why shouldn't the roads be more full of licensed drivers and licensed vehicles, and thereby less ufll of unlicensed drivers and unlicensed vehicles?

The reason the officer called into the office is to get the driver back outside without needing to obtain a search and arrest warrant for the driver of the fictitiously tagged vehicle. Stupidity upon the part of the driver to emerge from the building, but even more stupidity to have been operating such a vehicle in the first place.

In my opinion, there would be nothing illegal about the law enforcement officer's actions in this case.

2007-11-29 03:03:01 · answer #2 · answered by Robert G 5 · 1 0

You said the police officer passed the driver, so he saw the driver operating the vehicle. So, yes, the officer's actions were perfectly legal. As for the "fictitious tags", that's illegal whether the car is being driven or is parked. Not sure about the "not physically seen in the driver seat" since you said the cop passed him as he pulled into the drive-way. The whole no lights thing is irrelevant to the situation. As for the legality of watching for someone on a tip, that's what tips are for. Of course it's legal.

2007-11-29 03:56:08 · answer #3 · answered by Jay 7 · 0 0

Yes. The officer was told of a possible crime. The officer can act on that tip and apparently did. There is no need to stop the person (lights and siren) or to even cite the person for the violation right then and there. What you described is perfectly legal. People who drive while revoked, without proper registration, and especially insurance are a huge nuisance to the rest of the law abiding public. It's no joke to get into an accident with one of these irresponsible people.

The charges are valid.

2007-11-29 09:00:37 · answer #4 · answered by El Scott 7 · 0 0

the officer would have to see the driver operating the vehicle or exiting the driver seat at some point to enforce a traffic violation. or if during the investigation of an accident the officer determines that a driver broke the law, then he/she could write the ticket. and an officer can talk to and ask anyone for there identification (supreme court case law).

2007-11-29 02:36:46 · answer #5 · answered by ROBERT G 3 · 0 0

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