leagal question

[whirlwind]

any one know how probible cuase "works" and if it aplies to driving. more specifically can u be pulled over if ur not breaking the law?

[Thadsboner]

what did you do this time?

 

"honest officer, she said she was 18.... come on, tell me you wouldnt have."

[catbirdseat]

English translation:

 

"Does any one know how Probable Cause works and whether it applies to driving? More specifically, can one be pulled over if he is not breaking the law? "

[Thinker]

A police officer once told me that the visible empty beer bottles locked in the back of my pickup topper gave him enough probable cause to search the cab of my pickup.

 

Those beers were consumed many hours before at the end of a day of climbing at Falling Rock, SD. We thought we were being good sports by taking those few bottles with us instead of throwing them over the edge. Never again will I leave empties visible in my vehicle....anywhere.

 

edit: oh yeah, he told me he pulled me over because I drifted toward the center line as we met each other on outskirts of BFE, SD. Mind you, I wasn't speeding, nor did I cross the center line....just "drifted" toward the center line.

 

So in answer to your question, YES, they can pull you over even if you're doing absolutely nothing wrong because they can easily make something up or cite some obscure technicality.

Edited March 15, 2004 by Thinker

[scott_harpell]

Granted, I am no lawyer, but a cop told me it does apply, but they can use ANYTHING as probably cause. So in all actuallity, it probably doesn't apply.

[whirlwind]

English translation:

 

"Does any one know how Probable Cause works and whether it applies to driving? More specifically, can one be pulled over if he is not breaking the law? "

 

thats what i said

[Roger]

an officer must have 'probable cause' to pull you over, but Thinker is correct that they can pretty much make up whatever they want as a justification if they really want to pull you over, such as "he was driving erratically." In the traffic stop context, probable cause only means that "the officer subjectively believes that the infraction occurred and that belief is objectively reasonable under the circumstances." In other words, they don't have to be right that you actually committed an infraction, they just have to have a reasonable belief that you did.

 

So the question is... why did the cop say he was pulling you over?

[whirlwind]

he ran my plates and said he pulled me over because the registered owner of the vehicle had a suspened licence.

i did not break the law, other than not having a licence, my question on probable cuase was i guess should have been aimed at what is the proble cuase of running the plates of a vehicle, or is it simply SOP

[Mark_Husbands]

if the registered owner had a suspended license, the officer clearly had probable cause to believe the vehicle was being operated by someone with a suspended license. and in fact it was operated by someone with as suspended license, albeit not the same person.

[scott_harpell]

I think you are screwed man.

[catbirdseat]

Bummer man. That's pretty serious what they got you on.

[klenke]

Damn it! Why isn't this thread in the Legal Questions Forum? Oh wait.

[jkrueger]

Probable-y because you were driving ...

[lummox]

by getting your driver license you submit to unwarranted stops. that is how sobriety checkpoints are operated too. deal with it.

[jkrueger]

Perhaps they noticed that your license plate was spelled wrong?

[cracked]

Perhaps they noticed that your license plate was spelled wrong?

[thelawgoddess]

cops are always running plates. just drive legal and you shouldn't have anything to worry about.

[Roger]

maybe under your totalitarian regime, but not down here in the People's Republic of Oregon, where checkpoints are unconstitutional.

 

If you can get auto insurance before your court date, and show up with proof of insurace, the judge may let you walk on that $570 ticket, or at least cut it significantly, but it sounds like it wasn't your car, so this gets even more complicated.

[whirlwind]

thanks guys

u definatly know how to brighten a fellow spirts

the question was why he ran the plates in the first place

i'm pretty sure they are spelled corectly

[Thinker]

an old climbing partner of mine had an interesting theory.

 

He opined that cops usually drive cars and usually screw with other people driving cars, and that the way to avoid 90% of the typical legal problems is simply not to drive.

 

Of course this guy, himself, had a suspended license and walked all over town in huge leather Scarpa mountaineering boots. He had much more time to think of those esoteric connections than most of us did.

 

It makes sense to me, though. It's much easier to walk home undetected thru the back streets after the bar closes than it is to drive home without problems.

[klenke]

Wirlwind, I don't want to brighten your spirts. In fact, I don't want to go anywhere near your spirts.

[iain]

Wirlwind, I don't want to brighten your spirts. In fact, I don't want to go anywhere near your spirts.

 

that should be illeagal

[catbirdseat]

I don't think that Eric is laughing. According to State driving law, if you are caught driving while suspended you are subject to arrest and your vehicle may be impounded.

[whirlwind]

yeah thats where i guess i got lucky, but it's also because i pulled into a private parking lot they couldn't impound it without getting an ok from the busness i'm pretty sure,at least thats why i drove 2blocks while the cop had his lights on.

[burgersling]

Did you try and tell him you were wurlwynde from cc.com?