Legal stop or not???

[kjohnson518]

What is the name of your state (only U.S. law)? New York State.
Let me explain my situation... First let me say I live in a town notorious for targeting minorities for traffic stops ( I am by no means using this as an excuse.)
While leaving a local bar/club, I noticed I was being followed by city police. As I walked to the parking lot to my car the cruiser pulled into an ajacent lot and as soon as I got into my car did a uturn and followed me out to the road.(1)
Knowing I was being followed I was certain to drive carefully. I drove about half a mile until the stop sign which was had a green arrow allowing for a right hand turn. I hit my turn signal and made the righthand turn. After following me for another block and a half I was pulled over.(2)
The officer came to my door and asked for my paperwork. As I was reaching into my glovebox I asked the officer why he pulled me over. He responded that he would tell me later... The next time he came to my door he asked me if I had anything to drink and gave me a breath test and goes back to the cruiser. After passing the breath test he tells me he pulled me over for an illegal turn and I was also arrested for driving while suspended. (3)

Okay, I have a couple questions. 1) Is it legal to follow someone to their car and then down the road??? 2) If I made an illegal turn why did they wait to pull me over??? 3) Do they have to tell me why I am being pulled over??? 4) Was this a legal stop or was I racially profiled??? 5) Do I have any legal recourse??? 6) If there is not recording of the stop can I fight the illegal turn??? (I also have the tow report showing how far from the turn I was pulled over....) 6) If the stop was illegal, does the driving while suspended ticket still hold up???
Please advise...

 

[Alex23]

It sounds like they target drunks, too. Good thing you didn't get a DUI.

 

[Zigner]

From your post it sounds like you hit your turn signal at the last moment...

 

[CdwJava]

Let me explain my situation... First let me say I live in a town notorious for targeting minorities for traffic stops ( I am by no means using this as an excuse.)

Not relevant unless shown to be the sole cause for your stop.

Okay, I have a couple questions. 1) Is it legal to follow someone to their car and then down the road???

Yes. Might not be the best idea if you apepared inebriated and the officer let you start driving anyway.

2) If I made an illegal turn why did they wait to pull me over???

There could be any number of reasons. No law says they have to make an immediate stop.

3) Do they have to tell me why I am being pulled over???

No. If you are cited, you'll know. It's generally a good idea to do so, but unless your state mandates that the driver be informed of the reason for a stop (and it probably does not), the officer does not have to do so.

4) Was this a legal stop or was I racially profiled???

Nothing in your post gives ANY indication of a racial motivation.

5) Do I have any legal recourse???

You can hire an attorney and fight the charge(s) at trial. Were you charged/arrested for anything besides driving on a suspended license and the illegal turn?

6) If there is not recording of the stop can I fight the illegal turn??? (I also have the tow report showing how far from the turn I was pulled over....)

Sure. You can take the stand and testify that you made a completely lawful turn ... of course the prosecution will ask you questions to show that you were knowingly driving on a suspended license. Unless you can get a court to buy that the stop was bad, you're still stuck with the suspended license issue.

6) If the stop was illegal, does the driving while suspended ticket still hold up???
Please advise...

Probably not.

- Carl

 

[I_Got_Banned]

2) If I made an illegal turn why did they wait to pull me over???

An example on what Carl eluded to is that sometimes the officer might choose to call in you plates... Other's might wait for the dispatcher to respond before enforcing the stop.

6) If there is not recording of the stop can I fight the illegal turn???

Wait, this is where you lost me... First you claim that you were driving careful which gave me the impression that you made a legal turn, but now you are saying that the recording shows that you made an illegal turn therefore you are opting not to fight it?

 

[kjohnson518]

Traffic stop recording...

I was hoping the stop was recorded to show that I made a legal turn. I guess I was a lil unclear. I was asking if I could fight the "illegal turn ticket" without the recording as proof?

 

[Zigner]

What were you cited with exactly?

 

[kjohnson518]

One more question...

I know it was a racially motivated stop but I refuse to fight that losing battle. I just want to fight this on the tangibles of the stop. I knew from the start that I was followed to my car and made sure to drive legally as to not give this guy any reason to pull me over (I've been followed a thousand times...). I know if the stop was recorded that it would show I was illegally stopped. So I guess my last questions are; Is it possible that there is no recording of the stop? Will I need a lawyer to get the recording as evidence???
Thanks for all your input, it is appreciated!!!

 

[kjohnson518]

I was never given an actual paper ticket so I cant quote the exact citation, But I was pulled over for an illegal turn without signaling and the unliscenced driving ticket..

 

[Zigner]

I know it was a racially motivated stop but I refuse to fight that losing battle. I just want to fight this on the tangibles of the stop. I knew from the start that I was followed to my car and made sure to drive legally as to not give this guy any reason to pull me over (I've been followed a thousand times...). I know if the stop was recorded that it would show I was illegally stopped. So I guess my last questions are; Is it possible that there is no recording of the stop?

Yes

Will I need a lawyer to get the recording as evidence???

Perhaps.

Thanks for all your input, it is appreciated!!!

You're welcome!

 

[CdwJava]

I was hoping the stop was recorded to show that I made a legal turn. I guess I was a lil unclear. I was asking if I could fight the "illegal turn ticket" without the recording as proof?

Most recordings start after the officer manually turns on the camera or the emergency lights ... it's not likely to record sitting still unless the officer was simply recording everything for some reason.

- carl

 

[CdwJava]

I know it was a racially motivated stop but I refuse to fight that losing battle.

HOW do you "know" this? What did the officer say or do that indicated that had you been some other race than what you are you would not have been stopped?

So I guess my last questions are; Is it possible that there is no recording of the stop? Will I need a lawyer to get the recording as evidence???

Yes ... and, no. You do not NEED an attorney to seek discovery. But, you might need one if you hope to do it properly.

- Carl

 

[CdwJava]

I was never given an actual paper ticket so I cant quote the exact citation, But I was pulled over for an illegal turn without signaling and the unliscenced driving ticket..

This is where you will have a problem ... if it is your word against the officer's, you have a huge motivation to lie - the unlicensed driving violation ... the officer does NOT have the same motive. Plus, even if he was mistaken, so long as the detention was reasonable under the law, then he would have discovered you were unlicensed and you could still suffer that penalty.

- Carl

 

[xylene]

It is perfectly legal for the officer to 'run plates' on every car that goes by.

Many cruisers now have IR cameras for exactly this reason.

There is no 'calling in' - 99% of NY police cars have a computer.

The racial pretext is irrelevant.

They were perfectly in the right to pull you as your license was suspended.

 

[I_Got_Banned]

I know it was a racially motivated stop but I refuse to fight that losing battle. I just want to fight this on the tangibles of the stop. I knew from the start that I was followed to my car and made sure to drive legally as to not give this guy any reason to pull me over (I've been followed a thousand times...). I know if the stop was recorded that it would show I was illegally stopped. So I guess my last questions are; Is it possible that there is no recording of the stop? Will I need a lawyer to get the recording as evidence???
Thanks for all your input, it is appreciated!!!

You've been followed a thousand times and only pulled over once... And you claim that the stop was racially motivated in a town that is "notorious for targeting minorities for traffic stops"?

You are right, that would be a losing battle!

I just want to fight this on the tangibles of the stop.

While you consider "tangibles", dont forget to include the fact that you were leaving a local bar/club where alcohol is on top of the list of items being offered for sale & consumption!!!