• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

was this all legal??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MATTYICE

Junior Member
What is the name of your state (only U.S. law)? maine


so here it is i was driving home from work the other night around 10pm took a turn on a dark back road there was a state trooper at the stop sign where i turned he ran my plates found out that the owner (me) was revoked and pulled me over just on the basis that the owner (me) was revoked said i fit the description witch untill i pulled over was completely impossible seeing it was 10pm at night on a dark back road and i was in a moving car wearing a winter hat hooded sweatshirt hood off and a big coat over the hooded shirt bundled right up due to no heat in my car so one question i have does the simple fact the owner of the car license revoked enough for articulable reasonable suspicion

second after i pulled over he came to the window i had 2 inches or so down and asked for my info I proceeded to ask why he pulled me over he stated that he ran the plates and it came back the owner was revoked I then refused to give my id do to the fact i felt he had no articulable reasonable suspicion for the stop and stated i felt he was violating my right at this time he ask me a few more times then said that i matched the description of the owner i still felt my right were being violated and asked him to explain how this stop was legal and how its legal to just run my plates (at the time i was unaware it is legal to run random plate checks) he kept refusing to explain my rights on the matter so i asked to speak to his supervisor he then went back to his car and called for back up 2 other police officer showed to the scene and i again asked for them to explain how the stop was not a violation of my right they told me it didnt work like that and that we would talk when i got out of the car not even knowing 100% who i was i had not gave up an id or stated who i was they repeatedly told me that i had to comply or they would break the window and pull me out I stated the fact that before i gave them any info or got out of my car that I would like to know how the stop was not a violation of my right and that i was just trying to understand my right before giving id or leaving my car they refused to explain my rights to me and smashed out my passenger window at this point before i got hurt i stepped out of my car and mind you this I recorded this whole police stop to the point they broke my window I wasnt being agressive and made sure i kept my hand in plan view for my own safety and there comfort I was just trying to understand one why he had reason to run my plates stop me and assume because the car was reg to someone revoked why that was enough means to stop me they refused to explain to me anything and with no true just reason smashed my window out


were any rights violated?
was it legal for them not to explain why they had the right to stop me?
was it legal for them to smash my window out when i was not aggressive and kept my hands in plan view?

any more info and understanding is greatly appreciated
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? maine


so here it is i was driving home from work the other night around 10pm took a turn on a dark back road there was a state trooper at the stop sign where i turned he ran my plates found out that the owner (me) was revoked and pulled me over just on the basis that the owner (me) was revoked said i fit the description witch untill i pulled over was completely impossible seeing it was 10pm at night on a dark back road and i was in a moving car wearing a winter hat hooded sweatshirt hood off and a big coat over the hooded shirt bundled right up due to no heat in my car so one question i have does the simple fact the owner of the car license revoked enough for articulable reasonable suspicion

second after i pulled over he came to the window i had 2 inches or so down and asked for my info I proceeded to ask why he pulled me over he stated that he ran the plates and it came back the owner was revoked I then refused to give my id do to the fact i felt he had no articulable reasonable suspicion for the stop and stated i felt he was violating my right at this time he ask me a few more times then said that i matched the description of the owner i still felt my right were being violated and asked him to explain how this stop was legal and how its legal to just run my plates (at the time i was unaware it is legal to run random plate checks) he kept refusing to explain my rights on the matter so i asked to speak to his supervisor he then went back to his car and called for back up 2 other police officer showed to the scene and i again asked for them to explain how the stop was not a violation of my right they told me it didnt work like that and that we would talk when i got out of the car not even knowing 100% who i was i had not gave up an id or stated who i was they repeatedly told me that i had to comply or they would break the window and pull me out I stated the fact that before i gave them any info or got out of my car that I would like to know how the stop was not a violation of my right and that i was just trying to understand my right before giving id or leaving my car they refused to explain my rights to me and smashed out my passenger window at this point before i got hurt i stepped out of my car and mind you this I recorded this whole police stop to the point they broke my window I wasnt being agressive and made sure i kept my hand in plan view for my own safety and there comfort I was just trying to understand one why he had reason to run my plates stop me and assume because the car was reg to someone revoked why that was enough means to stop me they refused to explain to me anything and with no true just reason smashed my window out


were any rights violated?
was it legal for them not to explain why they had the right to stop me?
was it legal for them to smash my window out when i was not aggressive and kept my hands in plan view?

any more info and understanding is greatly appreciated
No.
Yes.
Yes.

Next time you are stopped by LEO, do what they tell you to do. :cool:
 

MATTYICE

Junior Member
I guess I don't understand how they have cause to smash the window without knowing who is driving the car?

And if I feel my rights are being violated how is it right for them not to explain why they are not isn't it my right to understand them and know why they have the right to do what they are doing before I give info not all police officers follow the laws and some are even very dangerous so how is it legal for them to do all this?
 

TheGeekess

Keeper of the Kraken
I guess I don't understand how they have cause to smash the window without knowing who is driving the car?

And if I feel my rights are being violated how is it right for them not to explain why they are not isn't it my right to understand them and know why they have the right to do what they are doing before I give info not all police officers follow the laws and some are even very dangerous so how is it legal for them to do all this?
Your rights weren't violated. :cool:
 

davew128

Senior Member
That doesn't explain anything to me so thanks for your vague useless answers
As opposed to your vague useless attitude. :rolleyes:

If you know the owner of the vehicle has been revoked, you know why you were stopped. You're not required to be told why you're being stopped, but clearly you already figured the reason out. Of course not providing a license upon request is also a violation, and you should be grateful the broken window is all that happened.
 

MATTYICE

Junior Member
You do have the right to be told why you are being stopped and the police can't just pull you over without reasonable suspicion just to run the plate of a car is not enough means to pull the car over and without reasonable suspicion the stop was not legal and unless he has that legal reasonable suspicion that there is a crime being commited then I do not legally need to show Id or identify who I am
 

Zigner

Senior Member, Non-Attorney
You do have the right to be told why you are being stopped and the police can't just pull you over without reasonable suspicion just to run the plate of a car is not enough means to pull the car over and without reasonable suspicion the stop was not legal and unless he has that legal reasonable suspicion that there is a crime being commited then I do not legally need to show Id or identify who I am
You're wrong. If stopped then you DO have to identify yourself.

I'm sorry that you are being so stubborn about this, it doesn't bode well for you. Get an attorney. Good day and good luck.
 

Ladyback1

Senior Member
You do have the right to be told why you are being stopped and the police can't just pull you over without reasonable suspicion just to run the plate of a car is not enough means to pull the car over and without reasonable suspicion the stop was not legal and unless he has that legal reasonable suspicion that there is a crime being commited then I do not legally need to show Id or identify who I am

The officer DID tell you why he stopped you.
The officer has every right to run license plates (for a variety of reasons).

And driving is a privilege, not a RIGHT. You were operating a motor vehicle. The officer asked for proof that you had the necessary LEGAL paperwork to drive said vehicle on public roadways.


BUT......you take your little speech to the judge and see what he/she has to say!
 

not2cleverRed

Obvious Observer
Let's put things simply.

Your license was revoked. You cannot legally drive.

Your car is registered. You cannot legally drive it. So if that car is in use either (a) the owner, who is not legally allowed to drive is driving it, or (b) someone other than the owner is driving it, potentially without permission (or insurance). By the way, driving bundle up as you were also impedes your vision, so I'd suggest that you not use that as an excuse.

My legal advice: do not drive if you do not have a current license to drive. Do not complain if you are stopped because the police suspect that you are driving with a suspended or revoked license.

You are not taking responsibility for your own actions and lashing out blaming others.
 

HighwayMan

Super Secret Senior Member
You do have the right to be told why you are being stopped...
No you don't. The ticket that you receive is usually considered sufficient.

...the police can't just pull you over without reasonable suspicion just to run the plate of a car is not enough means to pull the car over...
The trooper had more than reasonable suspicion - he had PROBABLE CAUSE based upon the information from your plate. DMV records are not considered private, so there does not have to be a reason for an officer to run your plate.

...the stop was not legal and unless he has that legal reasonable suspicion that there is a crime being commited then I do not legally need to show Id or identify who I am
You are so totally wrong. If you are driving a motor vehicle then you MUST present your license when requested by the police. Period. Besides the fact that the stop was very much legal.

If you find yourself in a situation where you believe your rights are being violated then consult an attorney. Resisting police orders on the side of the road will only get you into trouble.

Similar to resisting arrest - even if someone KNOWS the arrest is not proper they cannot legally resist. Even if the original charge is tossed they can still be convicted of resisting arrest.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top