Did the officer break the law?

[Davidb1984]

I was pulled over about a week ago in West Linn, OR on my way to a friends house around 11pm. I was driving on I-205 and got off at the highway 43 exit in West Linn. Immediately after I made my turn on to 43, I made a note of the police officer in a parking lot ahead of me.

I should note that I had a loose belt on my car and it made that high pitched squeaking sound a loose belt makes as I was making my turn.

About ten seconds after I passed him, I noticed he had pulled out behind me. He then proceeded to follow me for approx. two miles before he eventually pulled me over.

He said the reason he had stopped me was because "It sounded like you screeched your tires back there". I informed him that it was actually a loose belt on my car (although i'm almost positive he knew that already) and that i had not. He then asked for all my info and returned to his car. Upon returning, he questioned me a little more before cutting me loose.

Anyways, my question is, is that a legitimate stop? I find it very hard to believe that he can't tell the difference between a squeaky belt and some one burning rubber. Furthermore, if he did in fact think that I had squealed my tires, then why would he follow me for 2 miles (about ten minutes)?

I am curious if there is anything that I can do? I wouldn't normally do this especially when I didn't receive a ticket. But it does feel wrong to me. I mean I knew he was behind me the whole time and was driving the speed limit. He had no reason to pull me over, so he conjured up a reason to do so.

It's one thing if I am speeding or doing something of that nature, but I can't stand being pulled over with no reason, other than the officer is nosy and hoping to bust me on something.

Any help would be appreciated

 

[Zigner]

I was pulled over about a week ago in West Linn, OR on my way to a friends house around 11pm. I was driving on I-205 and got off at the highway 43 exit in West Linn. Immediately after I made my turn on to 43, I made a note of the police officer in a parking lot ahead of me.

I should note that I had a loose belt on my car and it made that high pitched squeaking sound a loose belt makes as I was making my turn.

About ten seconds after I passed him, I noticed he had pulled out behind me. He then proceeded to follow me for approx. two miles before he eventually pulled me over.

He said the reason he had stopped me was because "It sounded like you screeched your tires back there". I informed him that it was actually a loose belt on my car (although i'm almost positive he knew that already) and that i had not. He then asked for all my info and returned to his car. Upon returning, he questioned me a little more before cutting me loose.

Anyways, my question is, is that a legitimate stop?

Yes

I find it very hard to believe that he can't tell the difference between a squeaky belt and some one burning rubber. Furthermore, if he did in fact think that I had squealed my tires, then why would he follow me for 2 miles (about ten minutes)?

Maybe to see if you did anything else wrong...
Or, maybe to give himself time to check your information...
Or, maybe he felt that waiting would be safer for both of you...
Or, maybe it's a combination of all 3...

I am curious if there is anything that I can do?

Do about what? If you really feel wronged, make a complaint. But, honestly, it sounds like he did his job.

 

[FlyingRon]

Even if it had been the noisy belt alone as probable cause, he would have been justified in making the stop. You're fortunate you didn't even get a fixit ticket out of it. You're real fortunate you hadn't been drinking as this was almost certainly the reason he was following/stopping you.

I used to work a shift that had me on the road every night at bar closing time. I've been stopped quite a few times for: you got a light out, etc... Late evening is not the time for minor traffic infractions or equipment violations especially if you have been drinking.

 

[I_Got_Banned]

Nowadays, officers can tell a lot more about you (by clicking a few keys on their keyboards) with minimal information from you...

I'm not saying you are a bad person... I am just saying he saw something that led him to believe that "you" needed to be checked out..

The fact that he puuled out just behind you as you passed him leads me to believe that he really thought you screeched your tires... Lucky for you, he did not cite you for exhibition of speed... Be thankful!

 

[tranquility]

Because you were not arrested and because he had, at least, arguable probable cause, there is nothing you can do but make a complaint at his police station. That will also be dismissed for lack of evidence or unfounded or whatever the term is at that police station.

 

[AgentSmithers]

Eh Two miles+ in california is a form of Entrapment I belive.

 

[Mass_Shyster]

Eh Two miles+ in california is a form of Entrapment I belive.

Great, the OP can use entrapment as a defense for************** OH WAIT - there was no ticket**************

 

[CdwJava]

Anyways, my question is, is that a legitimate stop? I find it very hard to believe that he can't tell the difference between a squeaky belt and some one burning rubber. Furthermore, if he did in fact think that I had squealed my tires, then why would he follow me for 2 miles (about ten minutes)?

Maybe he does know the difference, and maybe he heard you squeal your tires. If you didn't, then maybe he's wrong.

Hopefully you intend to fix that loose belt, and equally as hopefully you can have a mechanic certify that it was loose and would slip and make that squeal.

And, 2 miles in 10 minutes?? THAT would be a great reason for another citation as you would have been traveling ... what? 12 miles per hour?

I am curious if there is anything that I can do?

Sure. had you been cited you could have taken the case to court and challenged it. Your argument would be that what the officer heard was your slipping belt. Your "proof" could be the mechanic's statement that he found a slipping belt. The officer would have to agree that he never saw you do it, only that he heard you, and that might be sufficient to give the judge reasonable doubt to dismiss. However, since you were not cited, the issue is moot.

I wouldn't normally do this especially when I didn't receive a ticket. But it does feel wrong to me. I mean I knew he was behind me the whole time and was driving the speed limit. He had no reason to pull me over, so he conjured up a reason to do so.

And WHY would he just make it up?

I suspect he heard the squeal and assumed it was your tire. Pretty simple, no grand conspiracy, no evil motive.

- Carl

 

[I_Got_Banned]

Eh Two miles+ in california is a form of Entrapment I belive.

Whether you belive that or believe it, it is not entrapment for an officer to drive down the road; many of them are assigned that duty as part of their job. If in the meantime the officer happens to be running someone's plates, then that too is part of their assigned duty.

Just like all your other posts; this one makes no sense whatsoever!

 

[CdwJava]

Eh Two miles+ in california is a form of Entrapment I belive.

Nope, it's not.

- Carl

 

[The Occultist]

Eh Two miles+ in california is a form of Entrapment I belive.

I wholeheartedly encourage you to look up the legal definition of "entrapment" so that you can see why your statement makes no sense whatsoever.

 

[The Occultist]

why would he follow me for 2 miles (about ten minutes)?

If I were an officer, I would likely follow you too if I saw you were driving only 12mph

 

[Davidb1984]

I like how a lot of you have said that since i didn't get a ticket i shouldn't be mad. So I should be grateful that the officer that pulled me over for a bull**** reason didn't lie and give me a ticket. That's ridiculous.


He wasted 15 minutes of my time by fabricating an excuse. The reason he did not give a ticket is because that was not his intention. He was looking for something to bust me on. I know that a majority of officers are honest people, but this guy is not.


He knew I was doing nothing wrong and I personally think that his excuse was just a fail safe in case he couldn't find anything else while he was behind me. This is exactly why cops get a bad name.


It's also funny to me how just about everyone assumes that I was in the wrong and the officer was right. Not every officer is completely honest.


I do carry a tape recorder in my car for that reason and got the second part of the stop on tape. I would have loved to see him explain why he pulled me over in court. The other thing is that I can't spin my tires. I have a 1991 BMW 325IX which is all wheel drive. Couple that with 170hp and you could understand how it would be hard. In fact I have never spun my tires, trying to or not.


All I'm saying is that if I'm speeding or doing something of that nature, I expect to get a ticket. I, as a driver, am expected to follow the given set of rules of the road. And as an officer he is to do the same. I know he was lying. I am 100% positive.


To all the officers that are reading this, let me ask you a question. If you see somebody squeal their tires at 11pm, are you gonna let him off with a warning? I would guess the answer is no.


Igotbanned, why should I be happy that he didn't choose to lie and write me a ticket. He was never planning on writing me a traffic citation. His plan was to see if I was doing or had anything illegal. I think that it's absolutely preposterous.

It's fine though. I keep a tape recorder in my car at all times and I KNOW it's going to come in handy one day. I can't wait

 

[CdwJava]

I like how a lot of you have said that since i didn't get a ticket i shouldn't be mad. So I should be grateful that the officer that pulled me over for a bull**** reason didn't lie and give me a ticket. That's ridiculous.

I don't think anyone said you shouldn't be perturbed if you really didn't squeal your tires, what you were told is that you have little recourse. The law requires the officer make a stop based upon reasonable suspicion, not absolute certainty. Maybe he didn't cite you because you caused him to question whether he really heard a squealing tire or a fan belt.

Following you for two miles really is not that far (depending on the speed). At 30 miles an hour that's 4 minutes. I've followed cars for further than that for a number of reasons ... sometimes to see if there are other violations, maybe to wait for a return on the registration, other times to find a good spot to make the stop, and even other times to wait for the air to clear on the radio.

The other thing is that I can't spin my tires. I have a 1991 BMW 325IX which is all wheel drive. Couple that with 170hp and you could understand how it would be hard. In fact I have never spun my tires, trying to or not.

Spinning tires is merely a loss of traction. I have yet to find a car that can NOT do that. While you may not have done that - at least not intentionally - it likely can happen. In this case the officer thought it happened - he heard what he thought was the chirping of tires. You believe he made it up for some unknown reason because he had it out for you ... also for some unknown reason. Maybe he did, though I find that unlikely. It is far more likely that he heard the squeal, followed you, made the stop and then after speaking to you decided he was not confident enough to actually cite you for the violation. In other words, he had reasonable suspicion to make the stop but after further investigation determined that he lacked sufficient probable cause for the "arrest" (citation).

I know he was lying. I am 100% positive.

A mind reader, now?

I'm never 100% positive that anyone is lying ... I may be 90% positive, but a great many people are simply incorrect when they are wrong and not lying. Being wrong is not a lie.

To all the officers that are reading this, let me ask you a question. If you see somebody squeal their tires at 11pm, are you gonna let him off with a warning? I would guess the answer is no.

If I SEE them? Probably not. It depends on the situation. In some circumstances, yeah, I will - and I have. If it's some kid or young adult lighting 'em up and leaving acceleration skid on the road, no.

It's fine though. I keep a tape recorder in my car at all times and I KNOW it's going to come in handy one day. I can't wait

With any luck you won't need it because you follow the rules of the road.

- Carl

 

[Zigner]

I've told this story before...

I had a 1974 PINTO and I chirped the tires on the 1-2 upshift. I was pulled over for this. Just got a warning though...



(A PINTO!)