Pulled over for an arrest warrant

Can a officer run the plates of my car and pull it over without any violation, i did have a warrant out for me, that i didnt know about, 2 years old, i wasnt driving but i had a few drinks and i'm only 20, he asked me to take a breathalizer, so i did and blew like a.046 so i want even drunk but got a MIP and i had to post bond for the warrant.

Can he pull me over for that, i wasnt even driving...It just doesnt seem right.

Yes, the officer can do this because what he sees in public does not constitute a search. For example, if he ran your tags and they came back expired, he could pull you over for that. It sounds like that is what happened--the violation would be driving a car with expired tags--there need be no further or additional violation to justify pulling you over. If thereafter he smelled alcohol, etc., that would lead to probable cause to arrest for DWI.

You might want to clarify what it means that you were pulled over for a warrant--how do you know this and what exactly was said? Or were you in fact pulled over for expired tags?

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Quoting Litigator

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Yes, the officer can do this because what he sees in public does not constitute a search. For example, if he ran your tags and they came back expired, he could pull you over for that. It sounds like that is what happened--the violation would be driving a car with expired tags--there need be no further or additional violation to justify pulling you over. If thereafter he smelled alcohol, etc., that would lead to probable cause to arrest for DWI.

You might want to clarify what it means that you were pulled over for a warrant--how do you know this and what exactly was said? Or were you in fact pulled over for expired tags?

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The officer pulled the car over because i had warrant out and the car was registered to me, for the MIP i goit that just because i smelled of achohal, when i asked the officer why we were pulled over he said because of the warrant.

Tags were fine, and there was no traffic violation

Were were cited for something else or did he simply have you post a bond on the outstanding warrant? If the answer is you were also arrested and charged with the DWI the stop sounds very shaky to me--the officer would have to have reasonable suspicion for a stop and I don't know that he had that. You might have even more rights under Michigan law and I think I would contact a lawyer there concerning the issue because he/she may very well be able to challenge the legality of the stop and be successful in suppressing the State's evidence against you on the DWI--none of this probably matters on the outstanding warrant--you'll have to fight that one seperately.

Yea he actually told me he pulled me over for the warrant and nothing else, which i think is kinda fishy, also he didnt even arrest me he just had me pay the bond for the warrant and issued me a ticket for the MIP because i wasnt driving.

Also while my mom who was driving, went to get money for the bond while i sat in the back of the police car, but not arrested. but i was in custody of the officer intill the bond got there so wouldnt you think i was arrested i didnt hear my mirander rights, i know the officer was doing me a favor but he wouldnt let me go get the bond, so i was forced to be in the back of the police car intill the bond came.

oh while my mom went to get bond the officer then moved his patrol car with me in it to a nearby parking lot. I'm not sure if thats legal.

You were arrested for the warrant. The officer ran the tags, found your name, stopped to see if you were the wanted person and was correct. This shouldn't be a problem.

Also, Miranda is not required after an arrest - only if you are being questioned after an arrest. You were arrested on a warrant so they likely did not have to talk to you.

And, yes, he could move you to a lot. In fact, he could have just taken you to jail.

No matter the event, you cannot get out of the underlying cahrge. Forget about the arrest and hire an attorney to defend yourself against the criminal charge ON the warrant.

- Carl

Ok thanks for the help. I was never arrested for the warrant, I dont even know what kind of warrant it is, or why i have one. I know what its from. But I never knew that I had to go to court or anything.

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Quoting michigan04

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Ok thanks for the help. I was never arrested for the warrant, I dont even know what kind of warrant it is, or why i have one. I know what its from. But I never knew that I had to go to court or anything.

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You were cuffed in the back of a police car and released on bond (I don't work in a state where bond can be posted in the field, but each state is different, I suppose) - this is called an arrest. You weren't booked, but you were arrested.

I suppose Aaron might be able to explain the subtle difference for Michigan, but this sure sounds like a custodial arrest to me.

- Carl

Are we talking about the same thing?

Procedurally, if you're handcuffed in the back of a police car and held until you pay bond, I think any court will find that you were arrested. The police, though, do not have to read you your Miranda rights just because you were arrested - they only have to read them if they are interrogating you, with the consequence of their failure being that it probably won't be possible to use statements they elicit during the interrogation in later court proceedings.

But if the question about arrest relates to the earlier incident - you weren't arrested, but a bench warrant was issued anyway - you don't need to be arrested for there to be a bench warrant. If you don't show up in court for a legal proceeding where you are a criminal defendant, the court will normally issue a bench warrant.

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Quoting aaron

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Are we talking about the same thing?

Procedurally, if you're handcuffed in the back of a police car and held until you pay bond, I think any court will find that you were arrested. The police, though, do not have to read you your Miranda rights just because you were arrested - they only have to read them if they are interrogating you, with the consequence of their failure being that it probably won't be possible to use statements they elicit during the interrogation in later court proceedings.

But if the question about arrest relates to the earlier incident - you weren't arrested, but a bench warrant was issued anyway - you don't need to be arrested for there to be a bench warrant. If you don't show up in court for a legal proceeding where you are a criminal defendant, the court will normally issue a bench warrant.

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Well I wasnt hand cuffed, but while in the police car the officer asked if I have been drinking and i did have some drinks that night,so i took a breathalizer and blew a .46. anyway i was never aware of any court date or hearing or anything for that matter. At the time of the incident the officer told me i would be contacted if anything comes of this, i was never contacted, this happend 2 years ago.

You were probably issued a citation or notice to appear in court by mail. If you check the court file, it should reflect the basis of the bench warrant.

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Quoting aaron

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You were probably issued a citation or notice to appear in court by mail. If you check the court file, it should reflect the basis of the bench warrant.

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This is a dumb question but how do i go about that?

Court files are public records. You should be able to go to the courthouse and ask to look at a copy. If you want to make copies to take home, they can generally accommodate you (but typically charge 50¢ - $1 per page.)

I don't know how things go in each of the 'States, but up north, an officer has to have some sort of grounds to run plates. Being bored at a red light doesn't count. Observing someone driving down an industrial road at 4 in the morning when all the factories are closed is suspect. Witnessing a car driving fast is a bit less suspect. Observing a motor vehicle commit an offense is sound.

Interesting argument to be had in court.

And I always thought arrest was pretty universal: when an individual is deprived of his liberty. When you're at a traffic stop, you're under arrest. You may not be handcuffed or in the back of the car, but you are not to free to leave at your own will.

Down here the essential idea is that license plate information is not subject to any privacy issues with regards to law enforcement's legitimate activity. So long as the plate is not being run for an unlawful reason (to get a date, to find info for a friend's P.I. business, etc.), then we can do it.

As for the "arrest" we have two levels of depriving someone of liberty on the street: A detention (which requires only reasonable suspicion to believe criminal activity is afoot), and an arrest, which means that there is probable cause to believe that a crime has been committed and that the suspect has indeed committed the offense. By legal definition, most traffic stops are considered detentions and not arrests - it is mostly a matter of the force being used to effect the detention.

- Carl

There was an arrest warrant. By running the tags and seeing a person meeting the description in the vehicle, the officer had RAS to think the person was in the vehicle. He could briefly stop the vehicle to investigate. Then he had PC to arrest once he was certain it was the suspect. Once there is an arrest warrant the police can break your door down.

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Quoting lwpat

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There was an arrest warrant. By running the tags and seeing a person meeting the description in the vehicle, the officer had RAS to think the person was in the vehicle. He could briefly stop the vehicle to investigate. Then he had PC to arrest once he was certain it was the suspect. Once there is an arrest warrant the police can break your door down.

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I fully agree, that's the way it should be. I'm just trying to get my head around indiscrimnately running plates;).

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Quoting CBSA_offcr

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I fully agree, that's the way it should be. I'm just trying to get my head around indiscrimnately running plates;).

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Absent a prohibition, it's perfectly legal. SImilarly, I can run people's names for license and warrant status even if I don't have them detained for anything. So long as my purpose is not UNLAWFUL, it's permissable here.

- Carl

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I fully agree, that's the way it should be. I'm just trying to get my head around indiscrimnately running plates;).

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If an officer cannot indiscriminately run a licence plate, how does (s)he know that registration is correct and that the plates are not being misused?

All the best!

Jay

Anything in the public domain is not subject to any 4th Amendment restrictions. Tags are in the public domain. It is not uncommon for an officer in a high crime area to jot down tag numbers for future investigation.

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Quoting lwpat

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Anything in the public domain is not subject to any 4th Amendment restrictions. Tags are in the public domain. It is not uncommon for an officer in a high crime area to jot down tag numbers for future investigation.

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Absolutely. I also believe that licence plates are the property of the state/province. You are not the owner of the plates, just the renter/borrower. It's one of those, "It's a privilege, not a right" things.

All the best!

Jay