Legal Question in Traffic Law in Virginia

6 of my employees were coming to work on a Sat. morning in a van. A police car followed them from near their home almost to the office (about 15 miles). Right before he thought they were leaving his city limits, crossing to another city, he stopped them for having the 3rd break light out. He lined them all up outside the car and asked for ID. The driver produced his, however some of the others did not have any on them. He brought them all to the office and demanded to see their passports. They are all here from Mexico through the H2B Visa program through the Dept. of Immigration, and have been coming back for over 10 years. Not that the cop had any idea what he was looking at on the passport, or if it was valid.
I went to the police station the next day to see a supervisor and was told code sections allowing them to do this (this is not Arizona!!) and the reason he was demanding with them was "that maybe he was afraid", and the reason he followed them so long "was maybe he was on another call that got cancelled and just noticed them".
My brother has lived in Mexico City for the past 20 years and when I told him he said even though disgusting, in Mexico they could have counted on going to the police station and being beaten.....
Can they do this in Virginia and should I persue it further as racial profiling?
The driver was given a ticket for faulty equipment.

Asked on 5/11/11, 3:02 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Racial profiling on these facts? Over in Maryland, perhaps, but, no, not here

in the Commonwealth. (The faulty equipment would serve as probable cause

in any case for the traffic stop.)

Answered on 5/12/11, 9:05 pm

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