Legal Question in Traffic Law in Michigan
unlawful pull over
My husband was pulled over and they told him it was because the car he was in was stolen. The car is in my name and he had received a ticket in the same car two days prior so why wouldn't they have said something then. It's not a stolen vehicle but when they pulled him over they had guns in his face, threw his license on the ground and searched the vehicle without his permission. Were there any laws violated here?
1 Answer from Attorneys
Re: unlawful pull over
I take it the car was never reported as stolen? Perhaps they made a mistake, i.e., punched in the wrong plate number?
Was he arrested? If he wasn't arrested, then it is likely that his rights were not violated. The police have authority to temporarily detain someone when they have reasonable belief or probable cause to believe a crime has been or is being committed. While I don't agree with their "rough treatment," you have to look at it from the police officers' perspective as well, as they are often shot at for pulling over speeders, let alone someone who they think has stolen a car.
If the car was NEVER reported stolen, I suggest you contact the police department and speak to the officers' supervisors to determine why exactly he was treated like this.
The issue of searching his vehicle is a separate issue, as the officers need probable cause to search a vehicle, such as drugs or a gun laying out in plain view.
The story doesn't quite make sense, and perhaps your husband did something (even by accident) to cause the police to become suspicious, or perhaps it was a case of mistaken identity.
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