whirlwind Posted March 15, 2004 Share Posted March 15, 2004 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? Quote Link to comment Share on other sites More sharing options...
Thadsboner Posted March 15, 2004 Share Posted March 15, 2004 what did you do this time? "honest officer, she said she was 18.... come on, tell me you wouldnt have." Quote Link to comment Share on other sites More sharing options...
catbirdseat Posted March 15, 2004 Share Posted March 15, 2004 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? " Quote Link to comment Share on other sites More sharing options...
Thinker Posted March 15, 2004 Share Posted March 15, 2004 (edited) 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 Quote Link to comment Share on other sites More sharing options...
scott_harpell Posted March 15, 2004 Share Posted March 15, 2004 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. Quote Link to comment Share on other sites More sharing options...
whirlwind Posted March 15, 2004 Author Share Posted March 15, 2004 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 Quote Link to comment Share on other sites More sharing options...
Roger Posted March 15, 2004 Share Posted March 15, 2004 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? Quote Link to comment Share on other sites More sharing options...
whirlwind Posted March 15, 2004 Author Share Posted March 15, 2004 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 Quote Link to comment Share on other sites More sharing options...
Mark_Husbands Posted March 15, 2004 Share Posted March 15, 2004 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. Quote Link to comment Share on other sites More sharing options...
scott_harpell Posted March 15, 2004 Share Posted March 15, 2004 I think you are screwed man. Quote Link to comment Share on other sites More sharing options...
catbirdseat Posted March 15, 2004 Share Posted March 15, 2004 Bummer man. That's pretty serious what they got you on. Quote Link to comment Share on other sites More sharing options...
klenke Posted March 15, 2004 Share Posted March 15, 2004 Damn it! Why isn't this thread in the Legal Questions Forum? Oh wait. Quote Link to comment Share on other sites More sharing options...
jkrueger Posted March 15, 2004 Share Posted March 15, 2004 Probable-y because you were driving ... Quote Link to comment Share on other sites More sharing options...
lummox Posted March 15, 2004 Share Posted March 15, 2004 by getting your driver license you submit to unwarranted stops. that is how sobriety checkpoints are operated too. deal with it. Quote Link to comment Share on other sites More sharing options...
jkrueger Posted March 15, 2004 Share Posted March 15, 2004 Perhaps they noticed that your license plate was spelled wrong? Quote Link to comment Share on other sites More sharing options...
cracked Posted March 15, 2004 Share Posted March 15, 2004 Perhaps they noticed that your license plate was spelled wrong? Quote Link to comment Share on other sites More sharing options...
thelawgoddess Posted March 15, 2004 Share Posted March 15, 2004 cops are always running plates. just drive legal and you shouldn't have anything to worry about. Quote Link to comment Share on other sites More sharing options...
Roger Posted March 15, 2004 Share Posted March 15, 2004 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. Quote Link to comment Share on other sites More sharing options...
whirlwind Posted March 15, 2004 Author Share Posted March 15, 2004 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 Quote Link to comment Share on other sites More sharing options...
Thinker Posted March 15, 2004 Share Posted March 15, 2004 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. Quote Link to comment Share on other sites More sharing options...
klenke Posted March 15, 2004 Share Posted March 15, 2004 Wirlwind, I don't want to brighten your spirts. In fact, I don't want to go anywhere near your spirts. Quote Link to comment Share on other sites More sharing options...
iain Posted March 15, 2004 Share Posted March 15, 2004 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 Quote Link to comment Share on other sites More sharing options...
catbirdseat Posted March 15, 2004 Share Posted March 15, 2004 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. Quote Link to comment Share on other sites More sharing options...
whirlwind Posted March 15, 2004 Author Share Posted March 15, 2004 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. Quote Link to comment Share on other sites More sharing options...
burgersling Posted March 15, 2004 Share Posted March 15, 2004 Did you try and tell him you were wurlwynde from cc.com? Quote Link to comment Share on other sites More sharing options...
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