Pulling out of a supermarket shopping center an officer driving in the opposite direction looked in his rearview mirror and pulled us over. The tag was expired and his license was suspended but within seconds 2 detectives in an undercover car came out and while my friend was in hand cuffs in the back of the police car, I was pulled out, my bag was completed searched, I was searched, the car was searched, as if we were drug trafficers.
Then another police car came, they ran my id, and his to see if there were warrants against us - WHY!! He was given 4 citations, none for a moving violation and the car was towed at our expense. What right did they have to pull us over and then search me? And were his rights violated for pulling us over for no probable cause in the first place.

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Originally Posted by dsrfl

Pulling out of a supermarket shopping center an officer driving in the opposite direction looked in his rearview mirror and pulled us over. The tag was expired and his license was suspended but within seconds 2 detectives in an undercover car came out and while my friend was in hand cuffs in the back of the police car, I was pulled out, my bag was completed searched, I was searched, the car was searched, as if we were drug trafficers.
Then another police car came, they ran my id, and his to see if there were warrants against us - WHY!!!!!! He was given 4 citations, none for a moving violation and the car was towed at our expense. What right did they have to pull us over and then search me? and were his rights violated for pulling us over for no probable cause in the first place.

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He is going to say he had a justifiable reason to pull you over and you consented to the search(es). You are going to say he didn't.

The Police can run the ID for everyone in the car with no problem. It happens all the time. They had the right to pull "you" over because "you" were breaking the Law, apparently for 4 different reasons, two of them being expired tag, suspended license.

If you feel you were violated, contact an Attorney.

An expired tag is basically a carte blanche to be pulled over and ticketed. This is definitely probable cause to be stopped. The bf's suspended license only added icing to the cake. The cop had every reason to pull the vehicle over as an expired tag is an automatic ticket. I got a ticket when my tag was one day past expiration and I had the sticker in my purse. Cop wrote the ticket anyway. Cost me $50. Florida no less.

You don't seem to have had your "rights" violated either as you were a passenger in the vehicle. Had the police found drugs, etc in your purse that would have only added to their jackpot. If you had a valid driver's license on your person, chances were pretty good that the car would not have been towed but you could have driven it home.

Hello d:

If you're stopped on the street, the cops STILL need probable cause to search you. They stopped you (the driver) for a reason, and they are allowed to search in consort with that reason. However, the cops wouldn't find any evidence for the drivers offense of driving on a suspended license, in YOUR PURSE..

Therefore, the search of your stuff was illegal... But, since they didn't find anything, it's moot.

excon

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Originally Posted by excon

Hello d:

If you're stopped on the street, the cops STILL need probable cause to search you. They stopped you (the driver) for a reason, and they are allowed to search in consort with that reason. However, the cops wouldn't find any evidence for the drivers offense of driving on a suspended license, in YOUR PURSE..

Therefore, the search of your stuff was illegal.... But, since they didn't find anything, it's moot.

excon

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Ahh - but did she agree to the search? I've seen people swear they were searched without consent and then the tape is played and... oh, they consented.

Something isn't being explained here. I've never heard of someone being put into handcuffs and placed in the backseat of a police car just for operating with a suspended driver's license. Given a citation, yes...

But to answer the initial question, your rights weren't violated by being pulled you over. You say he had no probable cause; sorry, expired plates = probable cause.

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Originally Posted by this8384

Something isn't being explained here. I've never heard of someone being put into handcuffs and placed in the backseat of a police car just for operating with a suspended driver's license. Given a citation, yes...

But to answer the initial question, your rights weren't violated by being pulled you over. You say he had no probable cause; sorry, expired plates = probable cause.

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In NY, if you are caught driving with a suspended or revoked license, you are place under arrest and put into the system.

It is obvioius that they believed this person was doing something else, there had to be a stake out. You can be stopped in most states if your car matches the same description of a known suspect.

You would not have had other cars there within minutes had this not be a real case where they had info that this car had drugs in it.

And in a traffic stop it is not uncommon to pull the subject out and place them in the back of the car "for thier own protection". This can be done but normally only done if they believe this person is going to run or attack the officer.

So is this person a known drug user or seller. What were you doing in the parking lot, is this lot known for drug taffic and sales ?

Does the driver have a police record ?

But the expired tag is all the reason they need to stop the car, they can ask both of you out and can search the area around the driver ( again for the officers protection) but not the rest of the car without asking,

If they ask to search, you can say no, if you don't say no they can search and always ask to search

So yes the expired tag was reason to pull over ( what were the other tickets, no insurance ?

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Originally Posted by Fr_Chuck

It is obvioius that they believed this person was doing something else, there had to be a stake out. You can be stoped in most states if your car matches the same description of a known suspect.

You would not have had other cars there within minutes had this not be a real case where they had info tht this car had drugs in it.

And in a traffic stop it is not uncommon to pull the subject out and place them in the back of the car "for thier own protection". This can be done but normally only done if they beleive this person is going to run or attack the officer.

So is this person a known drug user or seller. What were you doing in the parking lot, is this lot known for drug taffic and sales ?

Does the driver have a police record ?

But the expired tag is all the reason they need to stop the car, they can ask both of you out and can search the area around the driver ( again for the officers protection) but not the rest of the car without asking,

If they ask to search, you can say no, if you don't say no they can search and always ask to search

So yes the expired tag was reason to pull over ( what were the other tickets, no insurance ?

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You are right. They can pull you over if your car matches the description of a car used in a crime.