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Officer going to far during traffic stop, can I do anything about this?

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lawfulandlegal

Junior Member
I'm posting this on behalf of my girlfriend, so let me explain what happened to her. There is a little bit of backstory involved.

Backstory:
Almost 2 years ago her car was stolen outside of our home during the night. She woke up to go to work and her car was gone. The point to this story is that her car had a personalized license plate on it when it was stolen. We called the police and filed a police report. To our surprise, a week or so later she received a new license plate in the mail from the SOS with the same personalization as the stolen plate on it. Apparently in the state of Michigan, if a personalized plate is stolen, they automatically send you a new one in the mail.

Her stolen car never ended up being found, and she ended up buying a new vehicle (totally different make and model than her stolen car), and put the new plate on it.

A few months later, she was pulled over by an officer who informed her that the reason she was being pulled over is that her plate was coming back as stolen. She explained the story to him and he checked a few things in the system and confirmed that her story was legit. He then told her that he put a note in the file about what happened and why the plate is on the new car.

What happened a few days ago:
Fast forward to a few days ago, almost two years after her old car was stolen. She is driving home from work and is pulled over by an officer. He informs her that her plate is coming back as stolen. She tells him the story about what happened, and then he says something about the system showing that her plate is supposed to be registered to a Chevy. This is confusing because the current car she owns is not a Chevy, nor is the car that was stolen 2 years ago. She tells him she is not sure why it was say its registered to a Chevy. (Keep in mind the officer has not even asked to see her drivers license or registration, which obviously matches the car she is driving).

He then tells her to step out of the vehicle. He then asks her about what she has in her vehicle, and if he can search it. She has absolutely nothing to hide so she tells him sure. He then tells her place her hands on his car and lean over and proceeds to pat her down from head to toe, including around her breasts and crotch. I might add that she is a thin person and is wearing tight fitting clothes, so there is basically nothing she could be hiding from him. He then pulls her hands behind her back and she asks him being very confused and humiliated at this point and thinking she is going to be handcuffed "Why are you doing this? I'm telling you the truth, and I haven't done anything wrong." He doesn't handcuff her but tells her to sit in the back of his police cruiser and asks her where her license is. She tells him its in her purse. He then goes back to her car, finds her purse and starts rifling through it, finally finding her license. Then after a few minutes he gets a call back on his radio confirming that her story is correct and he finally, albeit begrudgingly lets her be on her way.

The next day I decided to call the Police Department where the original police report was filed on her stolen car. I talked to the records department and the very helpful person explained to me that officers should be aware about the fact that a stolen personalized plate will be reissued.

She also said that it states clear as day on the report that the plate belongs to the new vehicle that she is driving and that the other plate has since expired on the car that was stolen. She said there is even a note in the file that explains the story. I asked her if there is any way to remove the stolen report from the record and she said no, but there is no reason to because it states very clearly that the plate on her new vehicle is not stolen. She confirmed that the report she is looking at is the same thing officers look at when they run a plate, no matter what department they are from.

This just made me upset, because he was either a very incompetent police officer, or was abusing his power knowing that he had no reason to make her get out of her car, search her belongings, and pat her down. It already was bad enough to have a car stolen, but now she gets harassed like this on top of it. It seems odd that he didn't even ask her for her drivers license and registration upon pulling her over either, since that would have instantly cleared things up.

Is there anything legally she can do about this? Thank you in advance for your time and comments.
 
Last edited:


dave33

Senior Member
As far as police encounters go, that's as good as it gets.

To answer your question, no, there is nothing to be done.
 

tranquility

Senior Member
It is lawful to pull over a vehicle that has a plate that comes back from a check as a stolen vehicle. It is lawful to treat the driver as a felon until proven differently. That includes what is known as a "felony stop". It is reasonable to pat down a person for weapons if that person is reasonably suspected of being a felon. I don't think the search of the purse was reasonable but for the OP(girlfriend) giving permission. The officer did NOT "know" she was not a felon. (Absent other facts.) Because of the SNAFU, I'd think about other plates for her vehicle. There will always be the fact the plates were stolen and could be used to hide identity in the future. That things have been cleared up fairly quickly does not make the previous actions illegal or even wrong. At some point, the locals will know. But, that is only the local PD if a small department.

Change the plates.
 

Silverplum

Senior Member
I'm posting this on behalf of my girlfriend, so let me explain what happened to her. There is a little bit of backstory involved.

Backstory:
Almost 2 years ago her car was stolen outside of our home during the night. She woke up to go to work and her car was gone. The point to this story is that her car had a personalized license plate on it when it was stolen. We called the police and filed a police report. To our surprise, a week or so later she received a new license plate in the mail from the SOS with the same personalization as the stolen plate on it. Apparently in the state of Michigan, if a personalized plate is stolen, they automatically send you a new one in the mail.

Her stolen car never ended up being found, and she ended up buying a new vehicle (totally different make and model than her stolen car), and put the new plate on it.

A few months later, she was pulled over by an officer who informed her that the reason she was being pulled over is that her plate was coming back as stolen. She explained the story to him and he checked a few things in the system and confirmed that her story was legit. He then told her that he put a note in the file about what happened and why the plate is on the new car.

What happened a few days ago:
Fast forward to a few days ago, almost two years after her old car was stolen. She is driving home from work and is pulled over by an officer. He informs her that her plate is coming back as stolen. She tells him the story about what happened, and then he says something about the system showing that her plate is supposed to be registered to a Chevy. This is confusing because the current car she owns is not a Chevy, nor is the car that was stolen 2 years ago. She tells him she is not sure why it was say its registered to a Chevy. (Keep in mind the officer has not even asked to see her drivers license or registration, which obviously matches the car she is driving).

He then tells her to step out of the vehicle. He then asks her about what she has in her vehicle, and if he can search it. She has absolutely nothing to hide so she tells him sure. He then tells her place her hands on his car and lean over and proceeds to pat her down from head to toe, including around her breasts and crotch. I might add that she is a thin person and is wearing tight fitting clothes, so there is basically nothing she could be hiding from him. He then pulls her hands behind her back and she asks him being very confused and humiliated at this point and thinking she is going to be handcuffed "Why are you doing this? I'm telling you the truth, and I haven't done anything wrong." He doesn't handcuff her but tells her to sit in the back of his police cruiser and asks her where her license is. She tells him its in her purse. He then goes back to her car, finds her purse and starts rifling through it, finally finding her license. Then after a few minutes he gets a call back on his radio confirming that her story is correct and he finally, albeit begrudgingly lets her be on her way.

The next day I decided to call the Police Department where the original police report was filed on her stolen car. I talked to the records department and the very helpful person explained to me that officers should be aware about the fact that a stolen personalized plate will be reissued.

She also said that it states clear as day on the report that the plate belongs to the new vehicle that she is driving and that the other plate has since expired on the car that was stolen. She said there is even a note in the file that explains the story. I asked her if there is any way to remove the stolen report from the record and she said no, but there is no reason to because it states very clearly that the plate on her new vehicle is not stolen. She confirmed that the report she is looking at is the same thing officers look at when they run a plate, no matter what department they are from.

This just made me upset, because he was either a very incompetent police officer, or was abusing his power knowing that he had no reason to make her get out of her car, search her belongings, and pat her down. It already was bad enough to have a car stolen, but now she gets harassed like this on top of it. It seems odd that he didn't even ask her for her drivers license and registration upon pulling her over either, since that would have instantly cleared things up.

Is there anything legally she can do about this? Thank you in advance for your time and comments.
I'm unsure -- did she register the new vehicle to the new plates? From what I read, it sounds like she put her old plates on her new car.

And I agree with the other responders: she wasn't "harassed."
 

lawfulandlegal

Junior Member
I'm unsure -- did she register the new vehicle to the new plates? From what I read, it sounds like she put her old plates on her new car.

And I agree with the other responders: she wasn't "harassed."
Yes, the new vehicle is registered to the new plate. The old plate was stolen along with her car 2 years ago, however it was a personalized plate. The state of Michigan automatically sent her a new plate, but with the SAME personalization on it. She then registered that plate with her new vehicle.

Repeating what I said in the op, when I called the police department they said that it clearly states the changes of the plates, and the new vehicle that she is driving in the record. So, I don't understand why the officer even pulled her over, let alone pull her out of the car, search her, and make her sit in his vechile. According the the records department, the report the officer looked at clearly shows that she is not driving a stolen car.
 

tranquility

Senior Member
Yes, the new vehicle is registered to the new plate. The old plate was stolen along with her car 2 years ago, however it was a personalized plate. The state of Michigan automatically sent her a new plate, but with the SAME personalization on it. She then registered that plate with her new vehicle.

Repeating what I said in the op, when I called the police department they said that it clearly states the changes of the plates, and the new vehicle that she is driving in the record. So, I don't understand why the officer even pulled her over, let alone pull her out of the car, search her, and make her sit in his vechile. According the the records department, the report the officer looked at clearly shows that she is not driving a stolen car.
Because the plate was stolen and on the record as being such. It will always be such. Even if there is another record of the same plate on a vehicle that matches the description of the one properly registered to the vehicle. There is still the stolen plate out there. Bad guys can take that plate and put it on another car. The officer will not know unless there is a valid registration of the vehicle vin and the plate. The VIN cannot be checked until the vehicle is pulled over.

Change the plates.
 

anearthw

Member
She has absolutely nothing to hide so she tells him sure. He then tells her place her hands on his car and lean over and proceeds to pat her down from head to toe, including around her breasts and crotch. I might add that she is a thin person and is wearing tight fitting clothes, so there is basically nothing she could be hiding from him. He then pulls her hands behind her back and she asks him being very confused and humiliated at this point and thinking she is going to be handcuffed "Why are you doing this? I'm telling you the truth, and I haven't done anything wrong." He doesn't handcuff her but tells her to sit in the back of his police cruiser and asks her where her license is. She tells him its in her purse. He then goes back to her car, finds her purse and starts rifling through it, finally finding her license. Then after a few minutes he gets a call back on his radio confirming that her story is correct and he finally, albeit begrudgingly lets her be on her way.
\
FYI for you and your girlfriend, plenty of petite young girls have hidden weapons on their person and have used those weapons against an officer. A roadside stop (especially for one that may be a stolen car) always presents a danger to an officer and people have absolutely killed or seriously injured cops in order to not be busted in a stolen vehicle. So, assuming the car isn't stolen and assuming that a petite woman wouldn't have much to hide under her clothes is a very stupid thing to do. It may be upsetting for her, but humiliation does not trump safety. A small blade fits very easily in a bra.
 

xylene

Senior Member
You are nothing to this story.

Your girlfriend needs new plates.

Your girlfriend can make a complaint to the police department involved about the conduct of the officer during the pad down. Most people here will side with the po-po because that's how they roll. The truth is that while probably nothing will come of her complaint on this encounter alone, if this officer has a history of gropey pat downs in low risk encounters with women who subsequently complained it was sexual or uncomfortable he will be addressed and disciplined. Abuse of authority certainly happens. There is no reason to not lodge a complaint because someone theorized she might have sharpened her underwire. :rolleyes:
 

CdwJava

Senior Member
Yes, the new vehicle is registered to the new plate. The old plate was stolen along with her car 2 years ago, however it was a personalized plate. The state of Michigan automatically sent her a new plate, but with the SAME personalization on it. She then registered that plate with her new vehicle.
THIS is a policy that can have deadly consequences.

Law enforcement tend to treat stolen vehicles as dangerous felonies, and proning people out on the pavement at gunpoint is NOT uncommon. If the plate ever crosses state or even local jurisdictional lines, whatever "note" might be in place in a local system is NOT going to be in place in NCIC.

Also, with regards to what an officer might see when he runs a plate, most officers do not see anything - they run the plate on the radio. If a vehicle is parked, or things are settled and secure THEN the officer might run the plate on an in-vehicle MDT system, but usually this is NOT done while in motion as it is both unsafe and usually a violation of agency policy for the driver to do this.

Repeating what I said in the op, when I called the police department they said that it clearly states the changes of the plates, and the new vehicle that she is driving in the record. So, I don't understand why the officer even pulled her over, let alone pull her out of the car, search her, and make her sit in his vechile. According the the records department, the report the officer looked at clearly shows that she is not driving a stolen car.
Because when an officer gets on the radio and runs the plate and the officer is advised that it comes back stolen or on another car, they are going to take action. After the situation is secured, then they will try and sort it out.

It seems that Michigan has a situation where the plate can be both stolen and not stolen. This is a dangerous practice and can result in this very problem. Unfortunately, until she gets another license plate this could keep happening ... next time, it might be at gunpoint.

I'd get new plates.
 

Zigner

Senior Member, Non-Attorney
Ahhh I honestly wonder how cops get away with saying people are treated 'innocent until proven guilty' Pathetic really.
Innocent until proven guilty applies in court, not on the side of the road during a felony stop.
 

CdwJava

Senior Member
Ahhh I honestly wonder how cops get away with saying people are treated 'innocent until proven guilty' Pathetic really.
Well, when you have a subject in a reported stolen vehicle you are, by definition, dealing with a possible felon. The police will act appropriately for their own protection. Sorry if you don't understand that.

Are you willing to risk your life just to be nice, in the HOPE that the person in the stolen car is really not a bad guy at all? Would you really?

In the OP's situation, apparently the police approached low key. I don't know why that is. It could be that saw that something was not quite what it seems. But, that's their call and it certainly doesn't mean that other officers would not react in a more cautious manner and prone the driver out at gunpoint.
 
Ditch the plates.

A woman was arrested last year with a handgun concealed in a place an officer wouldnt tend to look ,i.e. woulda required a cavity search.
 

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