Unlawful procedure?

[ericschevy]

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

Last night I was pulled over by the police while leaving a bar. The female officer was waiting down the street, waiting for me to leave which leads me to believe she had already ran my plate and checked my record. When I asked her why she pulled me over she replied "I will tell you later". She than asked me if there was anything in the vehicle she should know about and I replied "no". She then asked me to step out of the car, frisked me, cuffed me and placed me in her car. She then searched my car and passenger. She then finally told me why she pulled me over. She lied and said she pulled me over because I didn't use my turn signal and didn't come to a complete stop which I DID! She then gave me a ticket for a restriction violation because I was driving past my curfew because my passenger had been drinking. This officer had no valid reason to pull me over, didnt read me my rights, and frisked me (which Im pretty sure it's illegal for a female officer to frisk a man) Do I have a case

[justalayman]

first, no, it is not illegal for a woman officer to frisk a man nor a male officer to frisk a woman.

Now, is this your car? Titled in your name?
If so, you are toast.

[ericschevy]

Originally Posted by justalayman

first, no, it is not illegal for a woman officer to frisk a man nor a male officer to frisk a woman.

Now, is this your car? Titled in your name?
If so, you are toast.

Yes it's my car titled in my name. She straight up lied about why she pulled me over. I had previously seen her hiding down a side street, she was obviously bored and out to harass someone.

[CdwJava]

Apparently she does not believe you properly used your turn signal and you did not properly stop. And even if she DID run your plate and license information prior to the stop, that's legal. YOU were driving outside of your license restrictions. YOU chose to break the law. the officer did not harass you, the officer was enforcing the law that you chose to break.

You can hire an attorney to challenge the stop and argue that there was no reasonable suspicion for the detention, but that'll be tough as it will be your word against the officer's AND if the officer adds that she had already discovered you were outside your restrictions, that just cements the issue.

Adhere to the regulations and you will not have a problem.

- Carl

[dave33]

It's your word against hers. If she made up a false story to pull you over than that is misconduct. It is almost impossible to prove, and she isn't going to start being honest now. The only hope you would have is the cruiser video recorder (if one exists) but considering the situation as a whole you might want to put this behind you.goodluck.

[justalayman]

so eric;

any chance she knows you by sight?

If so, she most likely knows you have a restricted license. If so, she needs no other reason than you were driving the car.


Hey Carl; is this not like that last one we went through where (although I do not like the fact it is legal) merely knowing the owner was not allowed to drive with whatever restrictions are on the license and apparently somebody was driving the car that came close enough to the owners ID that they can pull you over even without any other crime?

[CdwJava]

Originally Posted by justalayman

Hey Carl; is this not like that last one we went through where (although I do not like the fact it is legal) merely knowing the owner was not allowed to drive with whatever restrictions are on the license and apparently somebody was driving the car that came close enough to the owners ID that they can pull you over even without any other crime?

Yep. Very much so.

If the officer sat back, ran the plates, ran the DL, saw a guy matching the approximate description get into the car and drive, bingo! Reasonable suspicion!

- Carl

[HighwayMan]

And you do not have to be read your rights when you are arrested. Miranda only comes into play if you are interogated while in custody. Don't go by what you see on television.

[justalayman]

Originally Posted by CdwJava

Yep. Very much so.

If the officer sat back, ran the plates, ran the DL, saw a guy matching the approximate description get into the car and drive, bingo! Reasonable suspicion!

- Carl

So, we are back to:

Now, is this your car? Titled in your name?
If so, you are toast.

[CdwJava]

Originally Posted by justalayman

So, we are back to:

To which he replied:

Yes it's my car titled in my name.

Anyone car for some jelly?

- Carl

[Joshuaace2]

I'm confused. How old are you? What is your curfew? How old do you have to be in order to be in the bar?

Clarify the order of things for me. Did she say she was frisking you, and then cuff you? Or, did she say you are under arrest, and then search you?