I got pulled over this morning when I had done nothing wrong. I wasn't speeding, I wasn't on my phone etc. But the officer pulled me over because he had randomly ran my plate and it came back as a suspended license. Now I know they can run plates but is it legal for them to act on what they find if the alleged person isn't currently breaking any laws? That the only reason they pulled said person over is because of what they found by running the plate?
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Running plate without probable cause
- Thread Starter Missjudge
- Start date
CdwJava
Moderator
Clearly, you should not have been breaking the law by driving.
Yes, it is.
There are even scanners available that automatically run plates to determine if they match any reported stolen vehicles. Using the same technology, they might also be capable of checking to see if the registered owner is suspended. There is no law preventing the police from running license plates or names as long as it is related to their employment.
mightymoose
Moderator
Something worth considering... it isn't clear if you are saying the license plate was suspended/expired or if the officer determined the registered owner of the vehicle had a suspended drivers license.
If the plate itself was the problem it is certainly a legitimate stop.
However, if it was the driver's license, the officer could not reasonably say that the registered owner was the one driving.
In California it is not legal for an officer to make a stop to check the status of a license. There must be another reason. Perhaps your state has a similar law?
That said- just because you think you did nothing wrong doesn't mean you did nothing wrong. Perhaps you didn't signal.Maybe you went over the limit line. Maybe you didn't properly yield right of way. Maybe you have on obstruction in your window or some other vehicle defect... there could have been many reasons that just werent disclosed to you.
BUT.... if it was in fact a suspended driver's license, you might want to see if you can find a way to wiggle out of that. Maybe talk with a traffic attorney.
If the plate itself was the problem it is certainly a legitimate stop.
However, if it was the driver's license, the officer could not reasonably say that the registered owner was the one driving.
In California it is not legal for an officer to make a stop to check the status of a license. There must be another reason. Perhaps your state has a similar law?
That said- just because you think you did nothing wrong doesn't mean you did nothing wrong. Perhaps you didn't signal.Maybe you went over the limit line. Maybe you didn't properly yield right of way. Maybe you have on obstruction in your window or some other vehicle defect... there could have been many reasons that just werent disclosed to you.
BUT.... if it was in fact a suspended driver's license, you might want to see if you can find a way to wiggle out of that. Maybe talk with a traffic attorney.
CdwJava
Moderator
Even in CA if we run a license plate and check the R/O's driving status and it comes back suspended, and the driver could be the R/O, we can make an investigative stop based upon reasonable suspicion that a public offense is being committed. However, upon identification that the person is NOT the R/O (either by discovering it is the wrong gender, color, age, etc.) then the detention should end absent additional reasonable suspicion.
While there is case law supporting that, some courts or prosecutors may want more than that before a stop is made. Not to mention that in CA immediately connecting the registered owner to a driver's license is not all that easy. In other states these records are combined and easily tracked ... not so here.
While there is case law supporting that, some courts or prosecutors may want more than that before a stop is made. Not to mention that in CA immediately connecting the registered owner to a driver's license is not all that easy. In other states these records are combined and easily tracked ... not so here.
mightymoose
Moderator
VC 14607.6 (b)
Is this not the same situation? Making a stop solely to check the license status of the driver is not allowed.
Is this not the same situation? Making a stop solely to check the license status of the driver is not allowed.
CdwJava
Moderator
But, if you have a registered owner who IS suspended, and the driver appears to be the driver, then you have the possibility of a public offense being committed in your presence. It's not the same as simply pulling someone over because they MIGHT be.
army judge
Super Moderator
In many cases, the officer effecting the stop usually knows the driver.
This is especially the case in rural areas, and smaller cities.
In Chicago, Boston, larger cities, it might not be the case.
However, even in large urban centers, most officers know who's running around in his or her beat.
This is especially the case in rural areas, and smaller cities.
In Chicago, Boston, larger cities, it might not be the case.
However, even in large urban centers, most officers know who's running around in his or her beat.
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