Legal Question in Criminal Law in Illinois
traffic law
If I see a police officer following me on the road, and I turn to a side street and park my car(legaly), before the police officer turns on his lights and sirens, and I simply sit in the vehicle or exit the vehicle and turn off the engine, Can he still legally ''pull me over''? Or issue me a traffic citation? Does it matter if it was a moving violation or other offence?
2 Answers from Attorneys
Re: traffic law
If a police officer saw you violate the law, he can arrest you no matter what you do. Being pulled over for a traffic ticket is an arrest. You are let go with a notice to appear in court and the charges against you (the ticket). Where did you come up with that scenario you pitched? Sounds like you've been listening to someone who does not know what he is talking about.
Re: traffic law
Hello. Since 9/11 local law enforcement has stretched its authority and this has many concerned. Under the circumstances that you describe, a court would, in all probability, uphold any traffic citation given by the officer in this situation. The issue is whether the officer had probable cause to make the stop. Will be happy to answer any additional questions that you might have.
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