Is it legal for an officer to pull me over without me breaking any law? 6 Answers as of February 22, 2012
I was driving in New York (Bronx) and an officer pulls me over and ask for a driver's license. Before I pulled it out I asked "what's the reason?" He mumbled and said "everyone who drives needs to have a driver's license, do you have one" once I have him my stuff, he and his partner were asking us drug related questions, and interrogating my 16yr old brother. In the end they let us go. I felt pretty uncomfortable . Is this legal for an officer to do?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLaw Office of Jared Altman | Jared Altman
The police need a reasonable suspicion of wrongdoing to pull you over.
Answer Applies to: New York
Replied: 2/22/2012
Law Offices of John Carney | John Carney
Police officers can pull a car over for any traffic violation, either real or imagined. You are not going to sue them or get them in trouble in any way, so just have your license, registration, ad insurance card ready, answer their questions about your name, address, and license. Everything else they ask is interrogation you can avoid by saying, 'I want an attorney before any more questions and I do not consent to any search. I want the questioning to stop until my attorney is present'. Then they must stop questioning. They might manipulate you by handcuffing you, threatening you , offering to "help you out" or any other tactic, but don't fall for it. Most people are stupid and easily manipulated. The police stop every one who looks like a criminal or a person they think might be doing something illegal. That would be Blacks, Hispanics, bikers, hippies, young men, bums, and people who drive beat up cars. They get paid overtime for arrests so they want to catch you with weed, coke, no insurance, a suspended, license, or faulty equipment. Don't commit traffic violations, drive with a headlight out, or look like a criminal and you won't get targeted or profiled. Guys with long hair and a pot bumper sticker are going to get pulled over. Blacks in a drug neighborhood or high crime area are going to get pulled over at 4:00am. People who smoke weed in a car are going to get arrested sooner or later. People who look like they might be doing something wrong are fish in a barrel. And remember, "Fish Only Get Caught When They OpenTheir Mouth."
Answer Applies to: New York
Replied: 2/22/2012
Palumbo and Kosofsky | Michael Palumbo
Nope, not legal, not legal at all. Totally illegal to pull someone over for no reason. Totally, totally illegal.
Answer Applies to: New York
Replied: 2/21/2012
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
No it is not legal and is clearly a violation of your Constitutional rights under the Fourth Amendment prohibiting unreasonable search and seizure. The Supreme Court has interpreted a traffic stop as a seizure under the Fourth Amendment. Without probable cause (eg. a traffic violation) the police cannot stop (seize) you.
Answer Applies to: New York
Replied: 2/21/2012
Summers and Schneider | Kimberly A. Summers
No. The officer is required to have reasonable suspicion of criminal activity in order to justify a stop. You could file a complaint against the officer with the Civilian Complaint Review Board (CCRB)- not much is likely to happen, particularly if you do not know the officers name, but at least it will be documented.
Answer Applies to: New York
Replied: 2/21/2012
Law Offices of Frederick L. Sosinsky | Frederick L. Sosinsky
It appears that the officers were acting without reasonable suspicion or probable cause to believe that you or someone in the vehicle had committed a traffic or criminal offense. This would be an unlawful stop and seizure. You should file a complaint in the local precinct regarding the car stop if you wish.
Answer Applies to: New York
Replied: 2/21/2012








