No probable cause for the stop?

[arizona1873]

What is the name of your state (only U.S. law)? AZ

I was pulled over by police for no reason other than my car matched the description of a car that was used by somebody in some kind of assault. The description was a new looking silver Honda Accord. No license number was given and there are about 40 billion silver Honda Accords in the area. Can they just pull me over based on nothing accept that? I am not guilty of that crime, but they gave me a ticket for having an open container in the car (empty beer can). Can I have the ticket thrown out because there was no probable cause?

 

[CdwJava]

I was pulled over by police for no reason other than my car matched the description of a car that was used by somebody in some kind of assault. The description was a new looking silver Honda Accord. No license number was given and there are about 40 billion silver Honda Accords in the area. Can they just pull me over based on nothing accept that?

Yes. It is called reasonable suspicion. If it is within a reasonable proximity of the crime (given time and distance), and the description is reasonably sufficient, there is a good chance that a court will find there to be reasonable suspicion to detain the vehicle and occupants for the limited purpose of ascertaining whether or not they were involved in the fight.

I am not guilty of that crime, but they gave me a ticket for having an open container in the car (empty beer can). Can I have the ticket thrown out because there was no probable cause?

If you can convince the court that they did not have sufficient reasonable suspicion to detain you, then you might prevail.

You might see if you can get a copy of the information that was transmitted to officers about the suspect vehicle in the assault and see ho close that is to your vehicle. Also relate it to the time you were stopped in relation to the attack and the location you were stopped. I suspect that the more serious the alleged assault, the more likely the court will find the stop reasonable.

- Carl

 

[dave33]

Just because the police told you something doesn't make it true. They know it would be alot easier and cheaper to just pay the ticket,which is what most if not all people would do. If they did pull you over for a reason that would not constitute p.c. they gotta say something. goodluck.