luckygrnsixball said:
Does there have to be probable cause for a police officer to pull over a vehicle?
No. There must be "reasonable suspicion" (aka "reasonable cause") but the term, "probable cause" is a higher standard generally relating to a belief sufficient to justify an actual arrest. "Reasonable suspicion" requires only the suspicion that criminal activity might be afoot and is a pretty low standard.
I was pulled over on a motorcyle for having no turn signals (which you DO NOT have to have in IN) Therfore I should not have been pulled over, corect?
Well ... provided you are correct, did you properly signal for a turn using hand signals? If you did not properly signal then the stop would be just fine. It would also be permissable if there was some other reason for the stop in addition to the turn signal question.
I was given a ticket for having an expired motorcycle endorsement (something you can't tell by riding down the street) So it seems to me as though it was an illegal stop. I am not sure though, need advice before I fight the ticket. By the way, the only thing on the ticket is "no mc endorsement" No mention of WHY I was stopped in the first place.
You may just have to go to court and raise the question. It could be that he ran your plate and then your driver's license before the stop. It could also be that he was in error about the turn signal law.
If, during his testimony, he alleges that the sole reason for the stop was the lack of a lighting device turn signal violation and that it was only AFTER the stop that your endorsement was discovered, then you might have a chance. When it comes time to make YOUR case, you can point out the equipment statute that does not require the turn signals and then point out to the court that the stop was not lawful for that fact alone.
Your best bet would be to use an attorney. But, you can probably try it yourself.
Of course, success will depend on the officer having only the lack of a turn signal light to stop you. If he had anything else (like a lack of a proper hand signal for the turn) then you might be toast.
- Carl