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irishtara40

Junior Member
undefinedWhat is the name of your state?Missouri.My brother was stopped by a city officer who had (supposedly) recieved 2 anonymous phone calls -1 stating he was harrassing his son's mother-2 he had cut some one off at a ballpark while leaving it . The officer stopped him , asked him what he was doing,then my brother stated to him what he had been doing and stated that he had not been harrassing his ex-girlfriend while at his son's ballgame and that he had not cut anyone off while leaving, the officer then asked him to step out of the vehicle and handcuffed him and due to the fact he had a hard-ship license put him in the patrol car without even telling him he was under arrest nor reading the Miranda rights,then proceded to search his vehicle without asking permission-Am I wrong in thinking that his rights were violated right there at the scene?He ended up being ticketed for driving while revoked, I was allowed to pick him up at the police station after they had held him for 1 1/2 hours.
 


Two Bit

Member
The officer had a complaint about an erratic driver, and that gave him Reasonable Suspicion to stop him (although most officers will wait to get independent probable cause before stopping people). That's legitmate.

Hardship licenses generally mean that the driver is suspended, but they allow the person to driver for work, school, and medical reasons. Driving on a suspended license is cause to arrest. That's legitimate.

Once an officer makes a lawful arrest, he has a right to search the subject. If he's driving, the officer can also a search the car incident to arrest. Additionally, he probably needed to do an impound inventory prior to having the car towed. That's legitimate.

Unless there's something major that you're not revelaing, the officer was within his rights.
 

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