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Is it legal for a police officer to pull someone over for no reason?
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Is it legal for a police officer to pull someone over for no reason?

One of my friends was pulled over last night for no reason. After the officer pulled him over and asked him a few questions, he did find that my friend was breaking the law, but he wouldn't have known if he hadn't pulled him over in the first place. My friend has multiple witnesses to the fact that the officer did not give a reason, nor was my friend doing anything obviously wrong.

The officer then proceeded to ticket my friend for the infractions he discovered after-the-fact, but no initial infraction.

Would having no reason for a stop be grounds enough to get the other tickets thrown out?


    




trooper3316
Rating
The burden of proof required for a traffic stop is reasonable suspicion. There is no legal requirement to tell the person what that reason is at the time of the stop, and it does not have to be traffic related. An example would be your car matching the description of one they are looking for.

You can request a copy of the officer's report through Open Records law. His report will indicate why he stopped the car.

If the officer fails to articulate a reasonable suspicion, any other tickets issued after the fact would be dismissed under the Exclusionary Rule (also called The Fruit of the Poisonous Tree Doctrine).
.


jlf
Rating
"No reason" is your interpretation. The officer likely had a valid reason.


pinksteel10
not allowed, but it is very easy for the cop to come up with any number of reasons.


Loves Tight Plaid Pants
They can stop you for suspicious behavior. No you do not have grounds to get the other tickets thrown out.


Irrstfay
To get the other tickets thrown out, you'd probably have to prove that he had an illegitimate reason for pulling you over - racial profiling, age discrimination, or the like might do.

If he discovered something on the basis of a search resulting from the stop, it's admissible as evidence (tickets stand) if anyone in the vehicle consented to the search, or if there was probable cause (he had at least something of a pretext for pulling you over & saw or smelled something that meant there was a high probability some infraction was taking place). If, however, there was no probable cause, and you all protested being searched, calmly but firmly, then you might have a chance of getting the evidence suppressed. For this to work though, you'd have to convince a judge or jury that your group had not been doing anything suspicious, had demanded to know why you were being pulled over and questioned, and had refused to consent to a search.


ultraryder
They can pull you over for nothing if they want,especially in south Texas.Here they think everyone is smuggling Mexicans or running drugs.Black,white,yellow,color doesn't matter everyone is suspicious.

Oh,trooper 3,in case your reading,you sound like a pretty decent cop.I'll bet you feel alone???


Melissa R
Rating
No, It is not LEGAL. The officer must state the reason to pull you over and write it on the ticket. If he didn't write the reason he pulled you over on the ticket.... it will be dimissed in court... Fight the ticket and request a copy of the video cam from him patrol car. You have to request an order of evidence to get the tape but a public defender can help you with that.

Start by reading the ticket and and getting the police report


cwcrash
Rating
While he may not have told you the reason, he may have had one of thousands of reasons. There are times we stop people for "investigatory" reasons. That happens when a vehicle is at a place and time that is not normal for that area.

A police officer does not have to articulate to a driver why they were stopped, but it is something we normally do.


polizeitaucher
Rating
Yes it is illegal for an officer to perform a traffic stop with no probable cause. In my department it is recommended to inform someone why you stopped them, but not required. Based on what you describe above I suspect the officer had a reason to pull you over you were not aware of. Maybe a computer read back showed no insurance listed, or a suspended owner. License plate light out, didn't signal 100 ft before a turn? There are many infractions you may not be aware of. To be clear if you can prove the officer stopped you for no reason, the tickets would be thrown out, and you could have a big lawsuit against the department. I suggest taking him to court and inquire about the original reason for the stop.


CountryGirl
Rating
Since you were not there you don't know if your friend was lying or not. Police officers can't pull people over for no reason and since your friend got a ticket then he did something illegal.


wartz
There is always a reason.


may
Rating
yes of course its perfectly legal. its called a routine check, and they are always checking random people without discrimination- as otherwise there would be a way of checking if people are breaking a lot of the laws.


Life
Rating
Depends on the state - In this society.. cops can do whatever they want... it's not illegal if he has a "reason" which can be seatbelts if he wants
the fact that your friend gave him a reason to ticket him was the cops goal... he was fishing
since he found a way to ticket you, u probably won't win a case because the rule in court before they bring it to a jury is.. if you did it ur guilty.. no grey area

it happens to me once a month but if you don't give them anything to ticket you on, then they can't....
i was pulled over and the cop called for backup - i was going 55 in a 50... they searched me & my car... illegally searching compartments and my bags....asking me my ******* life story etcetc
it was funny outwitting cops though haha

it's rediculous of the power cops have but it was the stupidity of your friend that reinforces the action of the cop

if he didnt admit to breaking the law im sure he can complain to the commanding officer at his station... but it won't do anything because hes a cop too


Annabelle
Rating
The police have every right to act on suspicion, its like doing random breath testing, they dont know who has been drinking do they? but they soon find out after they pull them over.The tickets stay valid.


Mr. Goodhi
Rating
No,

unfortunately they'll make up an excuse why they pulled you over. Who's a judge & jury going to believe, you or the cop?


rudy.yanez53@yahoo
truck was impounded for bad reg when tow truck got there he paks his truck get in mine starts and takes off in it then tow company bills me for towing and storage i felt like i had got car jacked also i was held for over a hour some reason was accused of stolen vehicle





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