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Legal Advice on Pull Overs
What
if I am pulled over and the officer asks me to “shakedown” my vehicle -
what the best legal advice I should follow?
While it depends on
the state in which you live, if you are pulled over by an officer and the
officer does not have a search warrant, then the officer does not have
the right to search your motor vehicle. One of the best pieces of legal
advice you can get is (if you have done nothing wrong) to force the officer
to get a warrant. During the time, you will wait for the warrant will be
nothing compared to the time you will save if the officer illegally
searches your car.
If the officer
searches the car and nothing is found, you have the right to demand an
explanation of the search before and after the search is conducted. If
the officer has searched your car under false allegations, you have the
right to file a complaint with the officer’s
boss. You will need to jot down the officer’s
badge numbers and take down the names spelling the name correctly. If you
feel harassment is the purpose of the pull over and search, you may be
eligible to sue the police department.
In most states,
officers need a probable cause to pull over a motor vehicle. If the
person is speeding, not wearing his or her seatbelt, or has apparent
faulty problems with the vehicle that can lead to hazard, then the
officer can pull you over. If the officer cannot prove any fault as to
why you were pulled over, then wrongful acts were committed against you.
Be advised that in some states, such as Michigan, the police currently have
the right to pull a motor vehicle over for nearly any reason.
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