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Old 06-13-2010, 10:39 PM
 
76 posts, read 106,369 times
Reputation: 36
Quote:
Originally Posted by rscalzo View Post
And yet once again, you're wrong. You might want to take the time to check the case law on the subject that has validated a random check of a visible license plate was a valid action. Your quote above has no relationship to the MV stop in question. It was not a random stop but one based on a violation (suspended DL).

The fact that this individual suddenly disappeared makes me start to think that the entire incident was vaporware.
If a random check of a license plate indicates something is illegal, that is a reasonable cause for a stop. I was addressing the more general question of when you can be "legally" stopped. Some posters suggested that you can be randomly pulled over for no reason. That's not true legally, but cops can easily find a reason or excuse. I recall one incident where the cop said he saw smoke coming out of the tailpipe.

If a cop can come up with any reason or excuse to pull you over, it violates the intent of the 4th Amendment.
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Old 06-13-2010, 10:45 PM
 
76 posts, read 106,369 times
Reputation: 36
Quote:
Originally Posted by TheGambler View Post
And a traffic stop isn't a search or seizure. If an officer asks to search a vehicle, one certainly has the right to say 'no.' However, normally an officer will not ask to search a vehicle unless he already has enough PC to conduct a search anyway regardless of the person's answer.

I don't personally know anyone whose vehicle has been searched by the police. They don't waste time searching vehicles unless there's a good chance of finding something.
The courts have ruled that detaining a person is a "seizure of person." And cops are noted for their profiling--racial and otherwise--to stop and search cars. A few years ago, the federal government stepped in and forced the state police to stop this practice.
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Old 06-14-2010, 10:54 AM
 
Location: Epping,NH
1,885 posts, read 2,607,823 times
Reputation: 860
If you knew what you were actually talking about..first randon checks of license plates are not a prohibited search and allowed by the courts. Secondly, the search is of the vehicle registration, not the operator. Only the status information is returned. No identity is known. Only when a violation is found will the system allow further information to be transmitted to the terminal.

You probably would be the first one to start screaming is a suspended or uninsured vehicle struck you causing you a financial hardship. But you are also the first to complain when enforcement is made against the violators. The whining of the NJ residents is getting old. So next time you pay for damages out of your own pocket, go cry on someone else's shoulder.
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Old 07-25-2010, 06:45 PM
 
1 posts, read 15,445 times
Reputation: 14
I was just pulled over today I was doing nothing illegal I was doing the speed limit and everything. The cop follwed me for about 2 miles before his lights came on. When he approached my window he told me my tags were suspended due to insurance lapse!!! Which is impossible because I literally just gpot my tags renewed 3 days ago!! I haave had the same insurance company since I bought my truck in 2008.. WTF can they seriously do stuff like that? How can they be running my information for no reason without probable cause or anything?
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Old 07-25-2010, 06:49 PM
 
Location: southern california
47,933 posts, read 43,389,049 times
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you got outstanding tickets you got no license and you got no insurance. why do you say he pulled you over for nothing? part of being a cop is good instincts. that is like yelling at customs bek he found a bag of dope in your luggage. why did he have to search the person with the dope and not the other 100 without it?? yes mr poster-- cops discriminate against law breakers.
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Old 07-26-2010, 07:35 AM
 
Location: Epping,NH
1,885 posts, read 2,607,823 times
Reputation: 860
Quote:
How can they be running my information for no reason without probable cause or anything?
Plates in public view can be run anytime without reason. If the tags were renewed you had documentation so there would be no problem. Renewals at a DMV agency are dumped into the system as batches so they are no real time. A renewal late Friday may not make it in.

In any case a renewal is not a suspension. If suspended, was the restoration fees paid? Many reasons for a suspension.
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Old 07-26-2010, 09:15 AM
 
Location: 38 38' 45" N, -90 20' 08" W
7,646 posts, read 10,695,944 times
Reputation: 6159
To the OP:
Probable cause - Wikipedia, the free encyclopedia
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Old 08-03-2010, 02:10 PM
 
1 posts, read 15,409 times
Reputation: 13
how about when a police officer pull you over for no reason and demand your license and registration and you ask him why and he repetes himself in an abrupt voice. then tell you that he is giving you a ticket for talking on the phone when you have no cell phone with you. and after arguring back and forth with him his partner step out of the car car and asked what happened if you have insurance on the vehicle and if you have a cell phone. then the other officer said here pay this and next time a police officer pull you over do not argue with them and when you say no this is not fair the officer reply do what you want to do with it. a ticket for using a cell phone while driving when you do not have one. this is the 77th precint in brooklyn new york. or when a police give you a ticket for you child not restrain when your child is in their car seat. again this is the same precint.
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Old 10-13-2010, 03:37 PM
 
1 posts, read 15,343 times
Reputation: 13
so after reading all of this i have gathered that it is legal to run your plates when you have done nothing wrong. My husband is a black man whom is driving a BMW and every single time we are pulled over?? Really?? and that is supposed to be ok?? no something needs to be done about this. I am truly ready to move from our town, let them pull over the next black man driving a luxury car!!
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Old 10-13-2010, 04:45 PM
 
Location: Epping,NH
1,885 posts, read 2,607,823 times
Reputation: 860
Quote:
i have gathered that it is legal to run your plates when you have done nothing wrong.
You are confusing the question.

FEDERAL CASE LAW

A few of many. The plate must be visible to one legally entitled to be in the particular viewing area. The MDC system in NJ gives a status of the registration only. An additional step must be made to obtain the ownership information and other items. Only if a violation was noted on that information would a stop be permissible. Thus, making a MV stop soly for the purpose of running a check of the registration (or operator) would not be permissible. In fact license plate reader system are available that can run any plate observed automatically.


http://www.ca6.uscourts.gov/opinions...6a0339p-06.pdf

http://www.in.gov/judiciary/opinions...0240709pdm.pdf
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