Being harassed by sheriff-what can I do?

[cactus614]

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

my boyfriend got pulled over right before christmas for driving with a suspended license. Since then he has paid off his reinstatement fee and got his temp permit.Last night, the same sheriff pulled up besides us and shined his spotlight at my boyfriend. When he saw who it was, he got behind us and pulled him over. He was doing nothing wrong to get pulled over.When the sheriff came to the window the first thing he said was 'again?'

Many people have told us that he is being harassed by this sheriff. He had no reason to pull him over and only pulled him over when he seen that he had pulled him over before.

Instead of just letting us get a licensed driver to take the vehicle home, he gave my boyfriend a ticket(again)

What can we do, if anything?

 

[Zigner]

What did your boyfriend get a ticket for?

 

[cactus614]

he got for driving without a licensed driver.

 

[CdwJava]

So ... the deputy pulled him over for driving with a permit and not a license. In other words, he pulled your boyfriend over because he was committing a vehicle offense in the deputy's presence.

How is that harassment?

You DO understand that law enforcement officers are expected to contact violators, right? The fact that he had personal knowledge of your boyfriend's license status from the precious contact likely gave him sufficient reasonable suspicion to detain him to ascertain his current driving status. or, he could have simply run his name and affirmed the permit (and no license) BEFORE he made the stop.

Either way, I don't see that the deputy did anything wrong here.

This "harassment" will end when he stops driving unlawfully.

 

[cactus614]

the sheriff had no idea that he didnt have a license just him driving by. he pulled up alongside and seen it was someone he pulled over before and got him again just because of that. There was NO reason for him to even bother him.

and, that was 3 months ago-he could have gotten his license. the sheriff would not have known just by his vehicle driving by him.

 

[CdwJava]

the sheriff had no idea that he didnt have a license just him driving by. he pulled up alongside and seen it was someone he pulled over before and got him again just because of that. There was NO reason for him to even bother him.

And you know he had no reason ... why? All because YOU do not know why the officer stopped him does not mean that the officer did not have a reason.

I seriously doubt the officer just pulled him over because he felt like it. Why would the deputy risk a civil rights violation, federal prison, and a lawsuit just to stop your boyfriend? It doesn't make sense.

I'll wager that when asked the officer WILL provide some cause to have pulled your boyfriend over.

So, until your boyfriend gets his license, maybe you can drive him where he needs to go.

Here's what your boyfriend can do ... he can consult some attorneys, tell them what happened, and ask if they will represent him in a civil rights lawsuit. If he has $10,000 or more, they just might look into it. If not, then about all he can do is complain to the deputy's agency. Though, as I mentioned, I strongly suspect the deputy had a reason to stop him and may have even known about the unlicensed status.

Question: Is the vehicle registered to your boyfriend? If not, is the registered owner unlicensed for some reason? If so, then it becomes far easier ... run the plate, run the owner, find out about driving status.

 

[cactus614]

If that was the case then why would he pull up next to him and shine his spotlight at him, THEN decide to pull him over?

And why was the first thing he said was 'Again?' because he looked to see if it was my boyfriend driving.

 

[ecmst12]

Suspicion based on past behavior/experience is a valid reason to pull someone over. The last time he saw your brilliant BF, he didn't have a license. And so he pulled him over to see if he had remedied the situation before getting behind the wheel. He had not, so he issued a ticket. Maybe your brilliant BF will actually learn something this time.

 

[CdwJava]

If that was the case then why would he pull up next to him and shine his spotlight at him, THEN decide to pull him over?

Because he or the car looked familiar, he pulled alongside and recognized him, and THEN made the stop. Or, he ran the plate and it came back to a male who was not licensed so he drove up to make sure it was a male of a similar description as the unlicensed registered owner.

Your boyfriend is certainly free to take the matter to trial and ask these questions as part of a suppression motion ... uh ... does he know how to make such a motion? If not, he might want to hire an attorney. However, I strongly suspect the officer will have good cause to have made the stop, but if your boyfriend has the money and absolutely MUST beat the ticket, then it might be worth it to fork out two or three thousand dollars.

And why was the first thing he said was 'Again?' because he looked to see if it was my boyfriend driving.

Because he recognized him. "What, you again?"

Once again, you weren't there and you did not speak to the officer nor ask the officer why your boyfriend was pulled over. If HE wants to fight the cite HE can give it a go.

The best way for your boyfriend to avoid these problems is to STOP DRIVING WITHOUT A LICENSE!

 

[Cali408nia]

I think the fact that the officer used his spotlight to identify them is what annoys her (and it would to me too). If he didn't use it they would have both went their separate ways. So, she thinks they shouldn't be allowed to use spotlights to see who random people are. It's annoying, but legal. There are times when we want the police to be able to see people and what's going on.

 

[startedone]

I seriously doubt the officer just pulled him over because he felt like it. Why would the deputy risk a civil rights violation, federal prison, and a lawsuit just to stop your boyfriend? It doesn't make sense.

.

Assuming, just assuming that it was a civil rights violation .. what could a person actually win $5 on this case?

 

[Ohiogal]

the sheriff had no idea that he didnt have a license just him driving by. he pulled up alongside and seen it was someone he pulled over before and got him again just because of that. There was NO reason for him to even bother him.

and, that was 3 months ago-he could have gotten his license. the sheriff would not have known just by his vehicle driving by him.

REASONABLE SUSPICION. Your boyfriend was known to be driving illegally. The deputy had a RIGHT to stop him for an investigatory stop. Your boyfriend is an idiot for continuing to break the law quite frankly. You are an idiot for defending his criminal ways.

 

[cactus614]

I think the fact that the officer used his spotlight to identify them is what annoys her (and it would to me too). If he didn't use it they would have both went their separate ways. So, she thinks they shouldn't be allowed to use spotlights to see who random people are. It's annoying, but legal. There are times when we want the police to be able to see people and what's going on.

this is spot on what bothers me. if the sheriff pulled up alongside and shined the spotlight and seen it wasnt my bf he(most likely) would have let them go. He pulled him over after he checked to see who it was because he recognized the vehicle.

 

[cactus614]

REASONABLE SUSPICION. Your boyfriend was known to be driving illegally. The deputy had a RIGHT to stop him for an investigatory stop. Your boyfriend is an idiot for continuing to break the law quite frankly. You are an idiot for defending his criminal ways.

I am in no way defending him. I agree with you all that he needs to take care of it. the point of this was not to try to get him out of it- i personally feel he deserves what he gets-it was that this cop seems to be 'after' him, so to speak

 

[CdwJava]

I am in no way defending him. I agree with you all that he needs to take care of it. the point of this was not to try to get him out of it- i personally feel he deserves what he gets-it was that this cop seems to be 'after' him, so to speak

It is his job to be "after" people who violate the law. Your boyfriend is known to the deputy at least because he is known to drive while unlicensed - there may be other reasons why the deputy knows him as well. As has been mentioned, there is nothing here that indicates any malfeasance on the part of the officer. But, he is free to make a complaint to the agency, or to consult with an attorney if he feels he has grounds for some sort of action or he has the money to spend to make an impassioned defense in court to try and argue a suppression motion.