I was intially pulled over for loosing traction, a city oridence 10.2y,110. a Misdemeanor fine only.
After i was ulled over i was digging throught my center console looking for my insurance card. I did not have it. He pulled me over and said that since i did not pull over emidiatly [it was unsafe, no sholder, pulled into the first residential area possible] and that i was looking through my centerconsle that i was probably stashing drugs. He then noted that since i do not have my insurance card that he has cause to search my car,..
is this true? Should i make a complaint?
There was nothing found. I did not give concent to a search.
2007-12-26 05:40:22 · 9 answers · asked by Luis G 1 in Politics & Government ➔ Law Enforcement & Police
nope, waste of time.....
2007-12-26 12:43:16 · answer #1 · answered by DennistheMenace 7 · 1⤊ 0⤋
Not having an insurance card is a crime in most states but it is not cause to search a car or truck. Now it would have been different if the officer saw something in plain view that would have given him or her to search the car. No the officer should not have searched for no insurance alone. You have every right to speak to a commanding officer and make a complaint against him or her. In the state of Arizona we don't search a car if the driver doesn't have proof of insurance, if there was a crime other than just the insurance card then yes we search.
2007-12-26 14:07:14 · answer #2 · answered by Steven C 7 · 2⤊ 0⤋
I agree with KC V and Bombcop. When I initate a stop, you need to stop, I will not initiate a stop in an unsafe area. If I observe you diggin through a center console, under the seat, beside the seat or making any furtive movements as I am walking up. Yes I am gonna search your car. This search is authorized under the Caroll Doctorine. I feel certain your vehicle was not searched simply for not having proof of financial responsibility.
2007-12-27 05:08:35 · answer #3 · answered by cufsk9 1 · 0⤊ 1⤋
Based on what you said, he had a right to search. If you were searching in your console has he walked up, he has a right to see what you were looking for or trying to hide. We also have the right to look through your car for ID, reg or insurance cards. If you don't like the contact, best answer is to be more careful while driving. Second, keep your reg and insurance card handy above your sunvisor. Just tips, remember, most cops are just out doing a job. Only way we catch people is buy going the extra foot and investigating. Usually, if you have nothing to hide and go with the officers request, you will be done and out of there. With me, if the driver answers all of my questions and nothing shows up (susp lic or warrants) I give them a warning. If the argue or make my job harder, I cite.
2007-12-26 14:07:25 · answer #4 · answered by bombcop 2 · 3⤊ 2⤋
Can't say I disagree with Bombcop who says it best...don't mess up...you don't get stopped.
With your decision to pull over where YOU thought it was convenient gave the officer "reasonable suspicion" to believe something was possibly wrong inside the vehicle.
Having observed unique movement and activities prior to the stop, he had the ability to conduct was would be considered a "Terry Frisk" of the immediate area within arms reach of your vehicle for weapons or contraband.
Vehicles fall under a unique category when it comes to searches. The circumstances surrounding vehicles involve what is referred to as "exigent circumstances" and as such with probable cause...the officer may conduct a warrantless search!
Your car, however, wasn't searched because you didn't have insurance papers...it was searched because you put "reasonable suspicion" in the mind of the officer when you decided to ignore the law which requires you to immediately pull to the side of the roadway and stop upon the approach of an emergency vehicle.
2007-12-26 14:12:19 · answer #5 · answered by KC V ™ 7 · 2⤊ 3⤋
You can make a complaint, but I can tell you right now, it will get you nowhere. Just from the small description of the event, I can tell the officer was justified in his search. If the officer wants you to pull over, you pull over on his terms, not yours. If he determines the area is safe to conduct a traffic stop, he will pull you over.
2007-12-26 13:45:46 · answer #6 · answered by Kevy 7 · 2⤊ 2⤋
Not having the insurance card the law requires you to have, while driving, is a crime. That makes your car interior a crime scene, which gives cause for it to be searched...with, or without, your consent. You have no legal grounds for a complaint, so filing one will get you ignored.
2007-12-26 14:00:21 · answer #7 · answered by Anonymous · 1⤊ 4⤋
Sounds like that's not probable cause, or reasonable suspicion but I'm just guessing. You should contact a lawyer.
2007-12-26 13:46:57 · answer #8 · answered by Magnus 5 · 3⤊ 1⤋
Whats the problem ? Nothing was found anyway. You are lucky you weren't shot.
2007-12-26 14:18:24 · answer #9 · answered by Anonymous · 1⤊ 2⤋