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legality of running driving record when not stopped for driving violation

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msmith29

Junior Member
What is the name of your state? Minnesota

I was dating someone up until the beginning of December, however while I was in the relationship the tabs on my car expired. I had chosen not to renew the tabs as I had been looking at trading it within a week of the expiration for a new car. Well, the breakup was not the smoothest one for us. Two weeks ago today, I went to Little Falls to pickup my kids from my ex-wife with my new car. Prior to this, I had taken my kids down there with the vehicle that had expired tabs. But when I got home from dropping the kids off I had a new car sitting at my parents that was given to me for christmas. While I was at the gas station putting gas in my car, and getting the kids situated in the car, the local police officer pulled up and stated that he couldn't see my license plate when I passed him on the highway. Well, I showed him that I had the temporary tag in the back window and that the dealer plates were on the car covering the plates that had expired tabs as well...he stated that cleared that up, than he proceeded to ask me my name which I told him (although i didn't know at the time what that mattered)...than he asked for my drivers license which didn't make sense to me at that point since he didn't state further as to why he was inquiring all this information, but i complied and handed him my license. I than informed him I was going to go in and pay for my gas while he ran my drivers license. Which was fine with him, I than came out of the gas station with another officer standing there and they asked me if i knew of a warrant. I didn not know about a warrant being issued for me. I than became really curious and wondered why they asked. Before they continued on, the officers asked to move my car with the kids in it so my kids wouldn't see what was going on. I gave him permission and he moved the car, than the first officer asked me to step to the back of his car where he patted me down, than stated to me that he got an anonymous tip that i was driving a vehicle with expired tabs, which 3 days prior i was..i stated that i did previously own a vehicle with expired tabs but that i had gotten the current vehicle recently for a gift. He than told me to call and see if someone could come get my kids, because while i was in the gas station he ran my driving record and found the warrant and had to take me to the station if i could not come up with $325 cash bail right there. Mind you, my license was not suspended prior to him looking at my driving record. My question is, did they have any legal right to look at my driving record if they were not stopping me for anything? other than the tip of expired tabs which was proven not to be a problem? I did go and sit in booking for just over an hour while my parents drove from brainerd to bail me out. Please tell me, can I fight the warrant based on the grounds the officer had no reason to look at my driving record once he established that the tip was incorrect and that my license was not suspended? during the initial conversation he had with me, he never stated why he was even checking me? he didn't tell me of the tip being called in until we were leaving the gas station and heading to the jail...i have to appear in court a week from today on the warrant to plead my case and find out what further fines are owed yet..i do recall getting a ticket last spring for speeding and suspended license, which the suspension was taken care of the next morning..can i also, have the driving after suspension charge dropped if there is a possibility since i took care of the suspension fine within 24 hrs of being stopped? i did not know of the suspension in crow wing county prior to the stop last spring. I feel that the police had no reason to investigate me further in any capacity once they resolved the tip and found i was not driving a vehicle with expired tabs that nite.
 


Two Bit

Member
You were a fugitive. I frankly don't see that they did anything wrong here. He had reason to believe that there was criminal activity afoot (driving with an expired tag). He contacted you. You say that he dismissed his suspicion. Then you said that he ASKED for your name and ID, which you privded. Then you went inside to pay.

This is a voluntairy police-citizen contact. He didn't force you to do anything. He asked you for your license, he didn't demand that you give it to him. He didn't need any level of suspicion of a crime to do what he needed to do to check you for warrants. It's perfectly legitmate.

I think you're issue seems to be about the arrest rather than the warrant. Once an officer knows about a warrant he has a duty to serve it. It's an order from the court to take someone into custody.

As for your DWSL charge, it's possible that the court may show some leniancy since you dealt with the issue, but your credit might have been used up when you showed contempt for the court by not appearing.
 

Zigner

Senior Member, Non-Attorney
msmith29 said:
My question is, did they have any legal right to look at my driving record if they were not stopping me for anything?
Ahhh, an easy one.
Yes
 

msmith29

Junior Member
additional question

Minnesota


I understand that part about running the driving record...but what if I had chosen to not give him my license? could he do anything more since he never stated the reason for why he was even talking to me? it was dark out, how could he have known i was the person he was looking for, or even what i was driving? no one in little falls even knew what i was driving that nite, not even my ex-wife....the only people that knew i was going to be in little falls that nite, were my best friend, my parents, and one of my brothers...my ex-wife didn't know i was coming to town until 20 minutes before i got there...and even then, she didn't even know the car i had previously owned had expired tabs...plus, did the jail have any right even releasing info to just anyone about whether or not i was being held or even if i had been released? isn't that privileged info to the public? i know when i have called crow wing county looking for someone that was in jail, they wouldn't release any info either way to me unless i was that persons lawyer...somehow my ex-girlfriend found out i was held and released on bail, and she called and harassed me for 2 hrs that nite about being out and how the cops talked to her...which is wierd considering i never mentioned her name to any of the officers or even where she was living for that matter...2 days later, i got served with harrassment restraining order from her when she was the one harassing me for the last 3 weeks...the only time i even communicated with her, was to tell her when she called me at work and asked about mail that i left in little falls at a gas station early that day, and to reply the nite i got out to her texts saying that i never mentioned her name or anything about her and my fine in little falls...
 

justalayman

Senior Member
Could'a should'a would'a

doesn't change things. You are required to give an officer your name. That is all he needed to check your record.
 

Two Bit

Member
If you had refused, we'd have to hear more about the facts to see if the officer had legal authority to compell you to surrender your license. I think he had that right. He saw you driving, and he couldn't see a tag. The issue would be whether or not his supsicions were settled before or after he asked for the license and whether or not he knew about the warrant before hand, which I suspect that he might have.

That would only be an issue if there was a suppression issue that came up out of the stop, which there wasn't.

I don't know what the laws are in your state about getting information fromt eh jail. In Georgia, it's public record, and we'll tell anyone who's in jail or who's released, and what they're charges are. The newspaper publishes a list each day.
 

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