Legal Question in Criminal Law in Illinois
motor vehicle stop
Can police stop you if they think you are someone else? Is that a legitimate stop?
2 Answers from Attorneys
Re: motor vehicle stop
Yes, the police may stop you if they reasonably believe you are the person whom they are seeking. They can ask you questions, etc. If they have arrested you, you should contact an attorney
Re: motor vehicle stop
Hello. Police officers can stop you. A police officer has probable cause to make a "stop" if
the officer legitimately believes you are someone else they have a warrant for, or believes that you have committed a crime. How-
ever, if the officer searches your car, after realizing that you are not one with a warrant or that you have not committed a crime, then the
officer is overstepping the line! Since 9/11 the law enforcement community has been given more room to commit mistakes in the interest of
fighting terrorism, however police officers can be individually sued when they commit acts of
brutality, or arrest without probable cause. The brutality claims are usually brought in Federal Court under 42 U.S.C. 1983 (United States Code)......."Civil Right". False arrest claims are properly filed in the State Court (Circuit Court System in Illinois). I will be happy to answer any additional questions that you might have.
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Statement information I just came out of surgery three 3 days before the police... Asked 5/05/06, 4:07 pm in United States Illinois Criminal Law