Legal Question in Criminal Law in Michigan

I was driving a moped down a street that is next to my city. The cop followed me for a few miles and pulled me over as i crossed the city boundaries. He pulled me over because i had no plates on the moped. I had a warrant for failure to appear in court and a suspended licence. He took me to jail and i recieved a new charge of driving on a suspended licence. I want to know if i can get the driving on suspended licence thrown out because he pulled me over in another city ?


Asked on 8/21/09, 10:40 pm

2 Answers from Attorneys

William Morrison Action Defense Center

No...., but nice try.

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Answered on 8/27/09, 12:04 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The officer can follow you out of his jurisdiction to stop you. It's off-handedly called "hot pursuit" but does not always involve high speed chases. The officer can follow you from his "side of the line" across it to another jurisdiction to make the stop. but the element of reasonableness also kicks in: he can't follow you to Pennsylvania before stopping you! There has to be a reasonable basis for not having stopped you within the borders of his bailliwick (e.g., waiting for LEIN information from Central Dispatch).

It may have taken several minutes for the officer to confirm (via radio or on-board computers) what the status of the moped's registration was, etc. That then gave the officer probable cause to stop you ... which led to the officer finding out that you were suspended.

If this was not allowed, then you could zig-zag back and forth across various jurisdictional boundaries with your moped and play Ollie Ollie Oxen Free with the police. Also, we don't want police acting rashly (too quickly) to stop a vehicle just before it gets to a juriscitional boundary and stopping a car before probable cause is fully developed.

Nevertheless, you may want to talk directly with a criminal defense attorney to review all the case facts (get a copy of the police report first) and have that attorney assess whether there are legal defense issues that can be raised about the stop. I'm not saying that there is more to this story, but it is possible that some critical facts we don't know about may greatly affect whether anything can get "thrown out" in court.

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Answered on 8/27/09, 3:57 pm


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