police stop...probable cause

[antlaw]

What is the name of your state? Florida
I was driving down this street and the police was sitting in the car talking to someone... I passed the cop..turned around and left the street. As I left the cop pulled out also. I pulled into the gas station, and the cop pulled in behind me and asked for my license and registration.
Q: Does the police need probable cause to stop me period?

The cop first said it was because my tags were expired, but when I showed him they were not, he then said that after running my tags, it was discovered they were placed on the wrong car. The tags were valid, but still were not on the current vehicle...although I had sent the forms into the DMV.

I am seriously considering fighting this, because I feel it was NOT a "good" stop... also the cop who did this is "known" for harrassing blacks here.

Also... I was not cited for any moving violation...only for the tag..and this would not have been discovered had the cop NOT ran my tag...

SO...was this legal...or not? Was my rights violated or not?

[tranquility]

Did the cop "stop" you? You mention that you were already stopped. The police could argue they just wanted to talk with you and this was a consensual encounter.

If it was a "stop", the "tag" could have been run and come back without a current registration unless by "tag" you mean the acutal number on the registration sticker. The stop would be just fine then.

But, let's assume you were seized without reasonable suspicion. What are your damages?

[antlaw]

as for being "stopped", yes, at the actual time of the encounter I was stopped and the vehicle was off... the cop followed me into the gas station...

as for the "tag" I mean the license plate, itself...not the sticker

[You Are Guilty]

Originally Posted by antlaw

as for being "stopped", yes, at the actual time of the encounter I was stopped and the vehicle was off... the cop followed me into the gas station...

as for the "tag" I mean the license plate, itself...not the sticker

He meant, did the police actually pull you over, or were you already at the gas station when they pulled in behind you?

[antlaw]

I was already in the gas station, and the cop followed me onto the property...got out and started asking me for my registration and license...

At no time did the officer actually "stop" me while I was driving, although the officer did actuall "observe" me driving from the street to the gas station.

[You Are Guilty]

Originally Posted by antlaw

I was already in the gas station, and the cop followed me onto the property...got out and started asking me for my registration and license...

At no time did the officer actually "stop" me while I was driving, although the officer did actuall "observe" me driving from the street to the gas station.

Ah. In that case, read this: [url]http://www.llrmi.com/Articles/le-stopandfrisk.cfm[/url]

[antlaw]

ok...after reading the article...the 1 thing which is clear is that there needs to be some "reasonable suspicion" that there was some infraction..in this case ther was NO REASONABLE SUSPICION OF ANY INFRACTION... in fact the cop, first states that he was doing this due to my tags being "expired", then once I showed him they were still valid, he then states "but they are on the wrong vehicle".

My question still is, can the cop run my plates, then pull up on me, no "show of authority", i.e. no lights, siren, etc... then request my license and registration and insurance, where there has been no traffic infraction observed nor any suspicious action on my part?

Oh...and my car got towed, and I received 2 tickets as well...

[CdwJava]

Originally Posted by antlaw

ok...after reading the article...the 1 thing which is clear is that there needs to be some "reasonable suspicion" that there was some infraction..in this case ther was NO REASONABLE SUSPICION OF ANY INFRACTION... in fact the cop, first states that he was doing this due to my tags being "expired", then once I showed him they were still valid, he then states "but they are on the wrong vehicle".

He has to have reasonable suspicion - he doesn't have to be correct. Once he discovered that the tags were valid he then discovered they were on the wrong vehicle. No problem there.

And the point others were trying to make about the contact is that if it is not a detention then it could be argued as a "consensual encounter" ... but asking for your license and registration will likely be seen as a detention.

My question still is, can the cop run my plates, then pull up on me, no "show of authority", i.e. no lights, siren, etc... then request my license and registration and insurance, where there has been no traffic infraction observed nor any suspicious action on my part?

If he thinks your tags are expired, THAT is reasonable suspicion. And he can run your tags anytime he wants to. Once you acquiesced to his authority, you were detained - it does not matter that he did not pop the lights on or something ... the lights do not magically begin the detention.

- Carl

Originally Posted by CdwJava

... the lights do not magically begin the detention. - Carl

what ...wait a...you mean....crap all this time i thought the lights were magic


(just kidding Carl...i just couldnt help myself)

[averad]

I thought the beatings started the detainment... im so confused.

[antlaw]

To Carl... the officer gave the "expired tags" as the initial reason for the "action", however, this does not "hold water" as the tag was clearly displayed and clearly showed "05-06" as the expiration date.

also...as this officer has a reputation for doing this sort of thing...

and..to SeniorJudge... I understand that when one is on probation, one must adhere and abide by the laws of the land, sorta speak...however, does this give police officers carte-blanche to just randomly run a persons plates when the person has committed NO INFRACTION OF THE TRAFFIC LAWS OF THAT STATE? at least no OVERT violation.

Until the officer ran the plate, there was nothing done wrong, and the officer only ran the plate for "personal reasons", not due to his having observed any illegal/suspicios activity, etc...

I am not looking to get any damages...but I am seeking information to fight/contest the ticket/stop..as well as any other ramifications arising from this incident.

[CdwJava]

Originally Posted by antlaw

To Carl... the officer gave the "expired tags" as the initial reason for the "action", however, this does not "hold water" as the tag was clearly displayed and clearly showed "05-06" as the expiration date.

If he ran the tags and found they came back to another vehicle, that would be sufficient reasonable suspicion to justify a detention. Even if he believed the tags were wrong because he articulates they were obscured and could not be read clearly, that would also justify the stop unless you can show that he knowingly and intentionally lied.

The problem oyu have is that the tags were on the wrong car. Had they been on the correct car, you wouldn't be in this position. Right now, you are in a hole and trying to climb out of it. Even if you are right and he was completely fishing because he doesn't like the color of your skin, you are in a very difficult place to make that argument.

also...as this officer has a reputation for doing this sort of thing...

Irrelevant.

and..to SeniorJudge... I understand that when one is on probation, one must adhere and abide by the laws of the land, sorta speak...however, does this give police officers carte-blanche to just randomly run a persons plates when the person has committed NO INFRACTION OF THE TRAFFIC LAWS OF THAT STATE? at least no OVERT violation.

Wait! Whoa! Hold your horses!

You were on probation!? As a condition or probation, are you subject to search by law enforcement? If so, then when the officer ran the tags and (presumably) came back with your name, you were fair game.

ANd, yes, the police can run your tags at almost any time. The only restrictiosn are in doing so for purpoises not related to their work. They do not need reasonable suspicion to run your tags.

Until the officer ran the plate, there was nothing done wrong, and the officer only ran the plate for "personal reasons", not due to his having observed any illegal/suspicios activity, etc...

What were these "personal reasons" you attribute to him? I can run any plate I please. i can also check the driving status of anyone I please ... so long as these tasks are done for work purposes (i.e. I am not trying to get a date or pass on an address to a friend or acquaintance for truly personal or illegal reasons).

I regularly check the registration of vehicles on the road ... I also regularly check the driving status of people I see who are driving when I believe they had a suspended license some time back. The law permits me to do so.




- Carl

[justalayman]

Carl I regularly check the registration of vehicles on the road ... I also regularly check the driving status of people I see who are driving when I believe they had a suspended license some time back. The law permits me to do so.

I think you just killed any defense the OP thought he had.