A friend of mine got arrested and spent the night in jail just for having their tag expired. then the cop lied and said their was a warrant for their arrest which was not true. can cops get away with this? what legal action can be taken?
2007-12-05 06:19:42 · 10 answers · asked by truth hurts 4 in Politics & Government ➔ Law Enforcement & Police
In my state (NC) having an expired tag is a misdemeanor which means that you can get arrested for it. There is nothing illegal about making an arrest for a violation of the law.
I really doubt the guy spent the night in jail for the sole charge of expired license plate.
2007-12-05 06:25:24 · answer #1 · answered by El Scott 7 · 2⤊ 0⤋
1
2016-06-10 02:26:31 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Playing the BS card on this:
"then the cop lied and said their (sic) was a warrant for their arrest which was not true"
If there wasn't a warrant he wouldn't have been arrested. No jail would take someone into their custody where the custody form says "warrant" if there wasn't a warrant.
In my state an expired tag is a traffic infraction and we can't arrest for it.
I suspect your friend got arrested for something else and is lying to you.
2007-12-05 06:41:25 · answer #3 · answered by lpdhcdh 6 · 3⤊ 0⤋
A traffic citation is the only penalty for an expired tag. On any traffic stop, the police run the license number and I.D. of the driver, and wouldn't arrest unless there was a warrant. I think your friend might be the one not telling the truth.
2007-12-05 06:33:51 · answer #4 · answered by OrygunDuk 3 · 3⤊ 0⤋
In at least a few states police CAN arrest a person for a traffic offense that is viewed in person (like this one). I belive that Texas and Pennsylvania are two examples.
This does not happen routinely but can be done. Police will usually only use this power if they believe the defendnat will not respond to the citation as required (he's from another state, has a record of not paying tickets, etc.).
2007-12-05 16:29:48 · answer #5 · answered by Bob 3 · 0⤊ 0⤋
Of course you COULD, but it is unlikely. Cops are subjected to a lot of work when they arrest someone, so you know he had to get arrested for something more than tags.
2007-12-05 06:57:25 · answer #6 · answered by cheechalini 4 · 1⤊ 0⤋
I doubt that a cop would lie and say there was a warrant if there wasn't. That's a lot of paperwork for them to do.
2007-12-05 07:30:05 · answer #7 · answered by jennyღ 5 · 2⤊ 0⤋
in fla exp tags over 90 days is a "mandatory" arresst
there are no good cops here it's on the books
2013-12-31 14:03:40 · answer #8 · answered by ? 2 · 0⤊ 0⤋
Generally not. I guess if some cop wants to be a hard nose, he can bring you in on just about any trumped up charge. It may not hold up in court, but you still go to jail temporarily.
2007-12-05 07:23:50 · answer #9 · answered by WC 7 · 0⤊ 2⤋
Same in Missouri.
If I can write you a ticket for it, you can go to jail for it.
I seriously doubt that we got the whole story here.
2007-12-05 06:27:36 · answer #10 · answered by Citicop 7 · 3⤊ 0⤋