Thursday, February 8, 2007

Have You Ever Been Pulled Over By A Cop?

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/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.