Wrongful Pullover? Run plate, make stop to make sure registered owner is driving.
First: as these may be most important details is that the traffic stop happened in Scottsdale, Arizona
The details of what happened:
I was driving to a denny's in Scottsdale at approximately 3:00AM. A police officer saw a stop light and stopped behind me in the lane to the right of me and decided to run my license plate. At which point he proceeded to follow me to the denny's parking lot. Only after I had exited my vehicle and started walking towards the door did he say anything to me which was an order to return to my vehicle.
I was driving on a suspended license and had no insurance. When turning over my documents (suspended and expired as they were) I asked the police officer what I had done and he replied nothing. I then asked what the stop was about, he replied that the license plate run came back as owner having suspended license/no insurance (DMV reports that in state of AZ). I asked him what I had done to attract his attention to run my plate. The officer replied "Nothing. I just run plates from time to time to make sure vehicles are not stolen"
Now, due to the fact that I had been out of work, and a previous non-moving violation fine left unpaid is what caused the suspension and I'm looking to avoid another hefty fine, I'm planning on fighting this based on case research I read, which states that a traffic stop is a 4th amendment search and seizure. In Wren v US, it was cited that an observation of traffic or equipment violation must be observed before a stop can take place.
Now for the question (sorry for long windedness). Now, according to Wren v US, wouldn't the police officer running my plates and acting solely on grounds of that report violate 4th ammendment rules?
Specifically, I'm trying to fight on those grounds due to the fact that at the officer's own admission on the citation and verbally, I broke no traffic laws. I abided by speed limit, lights were working, I signal out of habit, he simply ran the plates and the registered owner (who may or may not be driving) came back with suspended license and no insurance.
*edit* I broke no laws short of simply being behind the wheel with a suspended license
**
Would the officer have to wait and witness a violation in order to issue the citations for Suspended Licens and No Proof of Insurance?
Thanks for any advice you may give.
-Tim
First: as these may be most important details is that the traffic stop happened in Scottsdale, Arizona
The details of what happened:
I was driving to a denny's in Scottsdale at approximately 3:00AM. A police officer saw a stop light and stopped behind me in the lane to the right of me and decided to run my license plate. At which point he proceeded to follow me to the denny's parking lot. Only after I had exited my vehicle and started walking towards the door did he say anything to me which was an order to return to my vehicle.
I was driving on a suspended license and had no insurance. When turning over my documents (suspended and expired as they were) I asked the police officer what I had done and he replied nothing. I then asked what the stop was about, he replied that the license plate run came back as owner having suspended license/no insurance (DMV reports that in state of AZ). I asked him what I had done to attract his attention to run my plate. The officer replied "Nothing. I just run plates from time to time to make sure vehicles are not stolen"
Now, due to the fact that I had been out of work, and a previous non-moving violation fine left unpaid is what caused the suspension and I'm looking to avoid another hefty fine, I'm planning on fighting this based on case research I read, which states that a traffic stop is a 4th amendment search and seizure. In Wren v US, it was cited that an observation of traffic or equipment violation must be observed before a stop can take place.
Now for the question (sorry for long windedness). Now, according to Wren v US, wouldn't the police officer running my plates and acting solely on grounds of that report violate 4th ammendment rules?
Specifically, I'm trying to fight on those grounds due to the fact that at the officer's own admission on the citation and verbally, I broke no traffic laws. I abided by speed limit, lights were working, I signal out of habit, he simply ran the plates and the registered owner (who may or may not be driving) came back with suspended license and no insurance.
*edit* I broke no laws short of simply being behind the wheel with a suspended license
**
Would the officer have to wait and witness a violation in order to issue the citations for Suspended Licens and No Proof of Insurance?
Thanks for any advice you may give.
-Tim
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