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Can a cop pull you over if..............?

Been involved in a traffic accident? Discuss traffic laws here

Can a cop pull you over if..............?

Postby cinnard » Fri Apr 01, 2011 7:32 pm

So i don't have my license yet, but i was driving home from work and this cop pulled me over for "suspecting" that i didn't have my license. Can he do that? i thought a cop had to had a legit reason to pull you over. I live in colorado. and no i did not break any traffic laws.
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Can a cop pull you over if..............?

Postby melville » Fri Apr 01, 2011 7:35 pm

A traffic violation committed in front of a police officer is "probable cause". Courts have ruled that to make a traffic stop, a police officer only needs "reasonable suspicion".

How to explain the difference? The best way I've ever heard it put:

Reasonable suspicion is leaving your house and wondering "Did I forget to turn the oven off?"
Probable cause is actually turning around and going home to check.

If you looked very young and/or were driving like an inexperienced driver, then that meets the definition of reasonable suspicion. Examples of an inexperienced driver are choppy turns, abrupt movements, hard braking or accelerating, etc. All of these are also indicative of a problem, period, much less that you may not have a license, and therefore is enough reason to stop the vehicle to check out what might be wrong.

If I saw a kid driving down the road that looked like he was 14, yeah, I'd probably stop him. I have actually stopped quite a few drivers that quite honestly, I thought were drunk, but it ended up that they were kids with learner's permits. (Mom/Dad in passenger seat clinging for dear life).

Hope that helps.
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Can a cop pull you over if..............?

Postby jarel » Fri Apr 01, 2011 7:45 pm

Generally cops need a reason to do such. But that 'reason' doesn't really have any enforced guidelines. Basically, the cards are stacked against you and it doesn't really matter if the cop didn't have a good reason to pull you over initially. At the very least, show up to your prelim and lay yourself mercy to the judge. He'll probably reduce the ticket if your demeanor is suitable.
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Can a cop pull you over if..............?

Postby wardell » Fri Apr 01, 2011 7:56 pm

Basic rule of thumb for police officers pulling you over is that, if he wants too he will find a way. For instance in Michigan it is legal for a police officer to pull you over simply to check and make sure you have the proper amount of windshield washer fluid. What I am saying is that there are so many little laws that an officer can use to get someone on the side of the road that if he really wants to he will. And you did break a traffic law you were driving without a license.
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Can a cop pull you over if..............?

Postby jen » Fri Apr 01, 2011 8:07 pm

The police can pretty much do anything they want.
Constitutional rights don't really mean much.
I mean, every once in a while you hear about a police officer shooting someone to death who is not armed or something like that, which causes outrage.. and in most cases the worst case that police officers will get kicked off the job.
Whereas if you do it, you go to trial for murder.
Likewise if a police officer beats someone on video, they will get suspended, whereas you get charged with assault.
I know a local police officer who molested a teenager. He was kicked of the job, but is not in jail.

So my point is if you go around saying what "rights" you so called have, you will just be asking for trouble. Best to just avoid them.
And you shouldn't be driving without a license. Get someone else to drive you.
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Can a cop pull you over if..............?

Postby fitche » Fri Apr 01, 2011 8:11 pm

In order to initiate a traffic stop, an officer must have REASONABLE SUSPICION, NOT PROBABLE CAUSE.

Reasonable suspicion is defined as: facts and circumstances that would lead a reasonable trained and prudent law enforcement officer to believe at a crime is, has, or is about to occur. Key wording there is law enforcement officer, not regular person. reasonable suspicion is a lesser standard than probable cause. probable cause is required for an arrest, but not a traffic stop.
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Can a cop pull you over if..............?

Postby achimelech51 » Fri Apr 01, 2011 8:16 pm

It is hard to say with what you have written why the officer pulled you over, but police have the right to stop you if they have a suspicion about you. Driving without a license is a traffic offense. It is possible that the officer knew that you didn't have a license.
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Can a cop pull you over if..............?

Postby gustav » Fri Apr 01, 2011 8:21 pm

Why don't you try that crap with the judge....?????

Moron, you were operating a vehicle illegally.... period. Accept responsibility for your own actions and quit trying to put the blame on someone else.

OPERATING A MOTOR VEHICLE WITHOUT A LICENSE IS VIOLATION OF TRAFFIC LAWS.

We call it 'good police work'...
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Can a cop pull you over if..............?

Postby adalwine » Fri Apr 01, 2011 8:29 pm

about a year ago i got pulled over cuz the cop thought i was "looking for drugs" && he said it was more believable cuz i had money ready for what he called a "fast deal"...funny thing is i was 5 months pregnent looking for a mcdonalds in a city i never been to before..lol..cops will do watever they want...to get the job done...i think its stupid..there are drunk drivers out there..&& yet they go for the "suspicious people" who actually KNOW HOW TO DRIVE but cant afford or get a license
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Can a cop pull you over if..............?

Postby tim » Fri Apr 01, 2011 8:36 pm

More likely than not he assumed this from scanning your tags and it came up as a "hit" on his system. This is perfectly legal. Gradually all American rights to privacy are being limited further and further as the government gets more technology to prod into our personal lives.
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