Legal Question in Traffic Law in California
Unlawful stop
An officer pulled me over for not having a front license plate. However I did have a front license plate and do have witnesses to this. After running my drivers license, plates, an old motorcycles plates, and giving me a sobriety test, the only thing he could ticket me on was failure to wear eyeglasses. Is this an unlawful stop? And can I take any legal actions against him if it is?
2 Answers from Attorneys
Re: Unlawful stop
a police officer may only pull you over if he has reasonable suspicion that you are in violation of some traffic law. if your license plate was intact as you claim and that was the reason given as to why you were pulled over, and you have witnesses who will corroborate your story, then your 4th amendment rights definitely were violated. if the police officer illegally stopped you that means any evidence that was obtained as a result from that illegal stop would be deemed illegal fruits of the poisonous tree and would be inadmissible against you in a court of law. if you would like further review or greater evaluation into your case, contact me today to put this matter behind you. [email protected]
562-743-1357
Re: Unlawful stop
Thanks for your posting.
A stop is unlawful for invalid search and seizure purposes if it did not have probable cause supporting it, meaning "an articulable reasonable suspicion that a crime had occurred or is occurring."
From what you've stated (and neither you nor I have seen what the officer wrote in his report, which is the other side of this), your stop was invalid.
Government agents such as policemen have certain immunities, but if you win your eyeglass ticket, you could sue for your costs and fees in doing so by filing a government claim.
I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I�m happy to help if I can.
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