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  1. #1
    neely19 is offline Junior Member
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    Question Can an officer run your plate, see the owner has limited license and pull you over?

    What is the name of your state? MN

    I was pulled over after a police officer ran my plates and saw the owner of the vehicle was on a limited driving license (I am also the owner). I know MN statue 168.0422 allows officers to pull over cars with "special series plates" but can not find anything on the books regarding this issue.

    Obviously, I believe it is a violation of 4th amendment rights to allow officers to run plates and then pull someone over to check if they are actually the person on the limited license and if they are driving under the proper conditions of the limited license.

    Thanks.

    Jeff
  2. #2
    Shay-Pari'e is offline Senior Member
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  3. #3
    stephenk is offline Senior Member
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    what makes you think your restricted restriction plate does not qualify as a "special series plate"?

    Were you driving outside of the restrictions imposed on you?
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  4. #4
    justalayman is offline Senior Member
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    Quote Originally Posted by stephenk
    what makes you think your restricted restriction plate does not qualify as a "special series plate"?

    Were you driving outside of the restrictions imposed on you?
    I took the post to read "a limited driver's license", not actually a special plate. From my take (and I could be wrong) that the only way the officer knew the reg owner had a restriction was from "running" the plate. If this was the case, he would have pulled the car over with the thought that the restricted driver was driving. What I see it as is an unjustified dentention. Definately against the law.
  5. #5
    stephenk is offline Senior Member
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    If true, I bet the cop would say he saw the poster make an illegal lane change, rolling stop, etc. and ran the plate before pulling him over.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by stephenk
    If true, I bet the cop would say he saw the poster make an illegal lane change, rolling stop, etc. and ran the plate before pulling him over.
    I don't doubt that, I had a cop friend tell me that himself.
  7. #7
    Two Bit is offline Member
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    The license plate is in plain view, and an officer can run it with no evidence what-so-ever. The only prohibition on running tags is that the officer is not doing it for personal reasons.
  8. #8
    outonbail is offline Senior Member
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    I believe they refer to this as "fishing" and they are not supposed to just run plates randomly to see if the person who the car is registered is of interest and worthy of a stop. Years back when Tyisha Miller was murdered by the Riversaide police and the feds stepped in to the picture, this issue came up.

    This practice was used as another example of "driving while black" as there were many complaints of officers doing this with blacks and mexicans but rarely with whites.

    But it is one of those things that, as mentioned, the officer can claim he ran the plate after the driver committed some minor infraction, like not coming to a complete stop, or there was a license plate light flickering or the driver seemed to be swerving etc. etc.

    As such, there's probably not much that can be done to prove otherwise.

    Aside from not driving when your not supposed to, but only when your in accordance with the terms of your restricted license.
  9. #9
    neely19 is offline Junior Member
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    Called Police Seargant regarding this practice....

    MN

    Police can run plates but to pull someone over the person must match the description of the person on the limited license. They can't pull over a car with a woman driving and registered to a man.
  10. #10
    CdwJava is online now Senior Member
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    Quote Originally Posted by neely19
    Obviously, I believe it is a violation of 4th amendment rights to allow officers to run plates and then pull someone over to check if they are actually the person on the limited license and if they are driving under the proper conditions of the limited license.
    It's not what YOU believe, but what the status of the law is in your state. In CA I have found that the DAs and the courts are a tad reluctant to file when you make a stop on the assumption that the driver is the registered owner.

    If we get lucky and it is the unlicensed registered owner, it's usually okay. If it is someone else that we catch dirty, then we could have a problem.

    Our local DA won't file unless we can ID the driver beforehand, or articulate why we think the driver is actually the registered owner.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  11. #11
    CdwJava is online now Senior Member
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    Quote Originally Posted by justalayman
    I don't doubt that, I had a cop friend tell me that himself.
    You had a cop friend admit that he made something up just to pull someone over?

    He shouldn't be a cop.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  12. #12
    CdwJava is online now Senior Member
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    Quote Originally Posted by outonbail
    I believe they refer to this as "fishing" and they are not supposed to just run plates randomly to see if the person who the car is registered is of interest and worthy of a stop.
    Who says we are "not supposed to run plates randomly"? I've been doing this for 15 years and never have I been told that. Nor have I ever seen a court ruling indicating that the practice is anything but lawful.

    Whether a stop can be made based solely on driving information about the registered owner is something for the local court to decide and the status of state law.


    Years back when Tyisha Miller was murdered by the Riversaide police and the feds stepped in to the picture, this issue came up.
    "Murdered"??!!

    Care to remind we what officers were convicted of murder?

    And I don't recall the issue at all. I am sure someone may have brought that up, but running plates at random had nothing to do with the Miller incident ... she was already stopped and "asleep" in the car.


    Aside from not driving when your not supposed to, but only when your in accordance with the terms of your restricted license.
    Now THAT is the best advice. It's always hard to get popped for driving illegally when you obey the law and drive only when (and, if) you are supposed to.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  13. #13
    justalayman is offline Senior Member
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    Quote Originally Posted by CdwJava
    You had a cop friend admit that he made something up just to pull someone over?

    He shouldn't be a cop.

    - Carl
    I didn't say he was a good cop

    Actually while I disagree with the practice, I can understand it. Many things a cop does are based on "gut feelings" and need justification to act. While I don't agree with fabricated evidence or crimes to justify actions, I sympathize with the police' situation.
  14. #14
    CdwJava is online now Senior Member
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    Quote Originally Posted by justalayman
    I didn't say he was a good cop
    And not bright either, since he is admitting to you that he is commiting federal civil rights violations among other crimes.


    While I don't agree with fabricated evidence or crimes to justify actions, I sympathize with the police' situation.
    Nothing we generally do justifies making stuff up.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  15. #15
    justalayman is offline Senior Member
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    Nothing we generally do justifies making stuff up.
    I agree, just said I sympathize. I know if I knew something was going on but didn't have the legal justification to act, it would be very frustrating. Not that I, or anybody should break the law to enforce the law, just saying it must be frustrating.

    That's why I enjoy your posts, Carl. You seem to have a very correct attitude when it comes to law enforcement. No power trips, no arrogance and very informed. I don't hesitate to say if all police were like this, police in general would have much more respect than many do now.

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