pulled over illegally?

[spencer321]

Florida

Was pulled over after being followed less than a block, not speeding, swerving, was broad daylight so no illumination errors (headlights, tail lights, tag lights) and was told i was pulled over because my tag was ran and showed I had a suspended license, however, i wasn't driving a vehicle registered to me thus pulling my license information based on my tag number would be impossible. Is this an illegal stop and do I have a leg to stand on to fight it? I was arrested and taken to jail

 

[tranquility]

It sure sounds from your description to be without reasonable suspicion, hence "illegal".

If it is that clear, your attorney should be able to exclude the evidence of you driving.

 

[Mass_Shyster]

If the vehicle owner had a suspended license, the stop may be valid.

 

[CdwJava]

So, since you were stopped and found NOT to be the registered owner with the suspended license, what is it you are trying to fight? What did the officer find or cite you for?

 

[spencer321]

The vehicle owner does not have a suspended license, the vehicle owner that it is registered to has not had a ticket or any other traffic violation in over a decade. I was arrested for driving with a suspended license, i'm trying to fight whether the traffic stop was legal to begin with because if it was not legal... everything after it is null and void

 

[spencer321]

I do have a suspended license, i knew one of the officers years ago before he was an officer, he would have had no idea about my license being suspended because we haven't spoken in over 2 years and my license has only been suspended 9 months, they "claimed" they knew my license was suspended (which it was) because of the tag, however the tag would have shown my father who's driving record is impeccable, BASICALLY i caught them in a dead ass lie trying to explain why they pulled me over. Then when i told them the vehicle was not registered to me so running my tag to find out my license was suspended would be impossible i was told "sometimes we just know" ?? magic cops?

 

[CdwJava]

The vehicle owner does not have a suspended license, the vehicle owner that it is registered to has not had a ticket or any other traffic violation in over a decade. I was arrested for driving with a suspended license, i'm trying to fight whether the traffic stop was legal to begin with because if it was not legal... everything after it is null and void

If the registered owner did not have a warrant or a suspended license, and the officer can cite no other reasonable suspicion to support the detention, it ought to be a no-brainer to get the matter dismissed.

And, if true, the officer should be sued or prosecuted, or - the very least - fired.

I suspect he will state that the reason for the stop was something else. If he is a liar, and if he is lying about running YOUR tag to find out about your suspended license and citing you for it, then he is most certainly capable of lying about the reason for the stop. If true, it is a sad day for that officer's agency.

 

[CdwJava]

I do have a suspended license, i knew one of the officers years ago before he was an officer, he would have had no idea about my license being suspended because we haven't spoken in over 2 years and my license has only been suspended 9 months, they "claimed" they knew my license was suspended (which it was) because of the tag, however the tag would have shown my father who's driving record is impeccable, BASICALLY i caught them in a dead ass lie trying to explain why they pulled me over. Then when i told them the vehicle was not registered to me so running my tag to find out my license was suspended would be impossible i was told "sometimes we just know" ?? magic cops?

Okay ... if the officer knew you, and ran your name and came back with a suspended license, that's it.

Do you and your father share a name? Spencer321 Sr. and Spencer321 Jr.? If so, then it is possible that the dispatcher ran the wrong one and found your license status and not dad's.

What happens here sometimes is that we will run the name of a person with an approximate age and get the info that way. Likewise, we often hear from other sources that so-and-so is driving on a suspended license so someone conforms it and it becomes common knowledge in the agency.

This may not be the big evil conspiracy you originally implied it was. In my agency we can do this all the time ... but, we're a smallish town and we tend to know a lot of the people.

 

[spencer321]

so your saying if the officer ran my name at random for no reason other than he saw me in the store(we crossed paths inside a 7eleven gas station i was leaving from) and found my license to be suspended he can then pull me over for that? if that is the case than why would he tell me he ran the plates? honestly i'd be shocked if he knew my last name because we only met a handful of times, "friends of friends" sort of thing. But is that legal, to pull someone over because you "think" its them? and no me and my dad have entirely different first names so there is no mistake possible there

 

[OHRoadwarrior]

Yes, it is legal to pull someone over because you think it is them. It is also called probable cause. If he knew you, he probably knew of you and followed you, while waiting for a criminal record and DL photo.

 

[CdwJava]

so your saying if the officer ran my name at random for no reason other than he saw me in the store(we crossed paths inside a 7eleven gas station i was leaving from) and found my license to be suspended he can then pull me over for that?

Yes.

if that is the case than why would he tell me he ran the plates?

Dunno. Maybe he misspoke, or you misunderstood.

honestly i'd be shocked if he knew my last name because we only met a handful of times, "friends of friends" sort of thing.

Running the plates probably prompted his recollection of your last name. Then he has his dispatcher run your name and, voila! Suspended license!

"Hmmm ... I know that guy ... Spencer ... what's his last name? <runs license plate> Ah, yes! 321! Dispatch, check license status on Spencer 321. Suspended? 10-4. I'll be traffic at ..."

But is that legal, to pull someone over because you "think" its them?

The officer needs only reasonable suspicion. You say the officer knew you. You say he ran the tags. The tags come back registered to your father ... presumably the same last name. It's not a great leap of logic to see how he might have gotten your name and license status.

But, you are free to hire an attorney and fight this if you choose. Depending on what the officer testifies to you might get lucky.

 

[spencer321]

I really need to read the police report, because they officer who knew me didn't pull up behind the officer that pulled me over untill after i'd already been asked to get out of the vehicle, unless they were talking over the radio and it was that big of a deal to figure out who i was and if I had a suspended license

 

[OHRoadwarrior]

What a terrible web we weave, when we practice to deceive.

 

[spencer321]

I just don't see how it was possible, given the time frame, the officer wasn't behind me untill i was pulling into the jiffy lube (i was getting my oil changed 2 blocks away from the 7eleven where we crossed paths) there doesn't seem to be enough time to do any investigative work whatsoever, the arresting officer didn't run my name untill we got to the police station (i watched) it seems like alot of BS he said she said nonsense, luckily i have a really amazing attorney and hopefully he can pick them apart

 

[spencer321]

Got my arrest report

the ONLY thing on my arrest report is in the probable cause statement and it says "the defendant was driving a motor vehicle with knowledge that his DL was suspended based on the fact that he failed to submitt to a breath test (prior dui investigation). The defendant knowingly and willingly drove a motor vehicle with a suspended DL"

that is ALL that it says, including spelling errors and they got my zip code wrong too. how in anyway possible does that show they had reason to pull me over to begin with? they couldn't have known i was driving on a suspended license untill AFTER they pulled me over because the vehicle wasn't mine.