Stopped w/o probable cause...Now how to fight it? (insurance, license)

[ATXIronHorse]

I was stopped downtown on a weekend at a random checkpoint (red river and 6th street). The officer looked in and saw I was not wearing my belt. He issued a citation.

I already sent in the notice and requested a trial. What are my chances of either getting the case dismissed or suppressing the evidence? The Supreme Court (Delaware v. Prouse) held that random vehicle stops are unreasonable seizures under the 4th Amendment.

Any guidance would be helpful.

[mm57553]

I believe that not wearing your seatbelt is cause to stop you.

[iceshots]

Was it a random stop, or a random checkpoint where they were stopping a number of vehicles?

I believe all a cop has to say is that from outside the vehicle it appeared that your seat belt was not buckled.

I know we went through a lot of these challenges when seat belt laws were first enforced in Canada. It got to the point where the cop just had to say that he could see the shoulder belt hanging beside the door to justify the stop. US courts may have a different viewpoint.

[Trainwreck20]

Yeah, if they were stopping every vehicle and trying to find some issue (DWI, seat belt, etc) you might have a case. If they were only stopping certain vehicles (like ones where the driver is not wearing a seat belt), then you might be out of luck.....

[BentBow]

I have an old 66 Barracuda. In 66 they had lap belts but no cross chest restraints. Cruising 6th Street, this cop comes flying out of no where and is standing there next to my car. He says license and insurance. ???????? He I am going every bit of 2 miles an hour in a very populated place and I ask, what seems to be the problem Ocifer. He didn't like that one bit. Your getting a ticket for not wearing your seat belt. Say, what? I'm wearing my seat belt... No your not. and if you are your not wearing it properly. Say what, how so. You don't have your shoulder strap attached....
He gave me the ticket. I couldn't stop laughing!!! I beat that real easy, but I had to waste my time doing so.

[nmnita]

Originally Posted by BentBow

I have an old 66 Barracuda. In 66 they had lap belts but no cross chest restraints. Cruising 6th Street, this cop comes flying out of no where and is standing there next to my car. He says license and insurance. ???????? He I am going every bit of 2 miles an hour in a very populated place and I ask, what seems to be the problem Ocifer. He didn't like that one bit. Your getting a ticket for not wearing your seat belt. Say, what? I'm wearing my seat belt... No your not. and if you are your not wearing it properly. Say what, how so. You don't have your shoulder strap attached....
He gave me the ticket. I couldn't stop laughing!!! I beat that real easy, but I had to waste my time doing so.

That is a good one, sorry you had to waste your time, but I am glad you beat it..

Now, as for wearing them, here in AR, starting next week they will be mandatory and no more stopping for "probably cause".

Nita

[love roses]

It's mandatory to wear seatbelts here too.

[mm57553]

Also wanted to add that all passengers (including backseat passengers) in Texas are required to wear seatbelts now.

And honestly, there's really no good reason to not wear it.

[Fighter 1]

Originally Posted by ATXIronHorse

I was stopped downtown on a weekend at a random checkpoint (red river and 6th street). The officer looked in and saw I was not wearing my belt. He issued a citation.

I already sent in the notice and requested a trial. What are my chances of either getting the case dismissed or suppressing the evidence? The Supreme Court (Delaware v. Prouse) held that random vehicle stops are unreasonable seizures under the 4th Amendment.

Any guidance would be helpful.

Yes they are unreasonable searches, also just demand a verified complaint on the notice to appear , I am assuming that that is what the cop gave you and had you sign ? DM me if you need more help on how to do it.

[txgolfer130]

Originally Posted by ATXIronHorse

I was stopped downtown on a weekend at a random checkpoint (red river and 6th street). The officer looked in and saw I was not wearing my belt. He issued a citation.

I already sent in the notice and requested a trial. What are my chances of either getting the case dismissed or suppressing the evidence? The Supreme Court (Delaware v. Prouse) held that random vehicle stops are unreasonable seizures under the 4th Amendment.

Any guidance would be helpful.

You're gonna have more luck w/ Holt v. State, S.W. 2nd 16 from '94 compared w/ Delaware v. Prouse. Random checkpoints, are not random if they are concentrated in an area where 'sobriety' checkpoints have been conducted in past in the same circumstances.