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  1. #1
    Join Date
    Jun 2006
    Posts
    11

    Default 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.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Pulled over for arrest warrant...

    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?

  3. #3
    Join Date
    Jun 2006
    Posts
    11

    Default Re: Pulled over for arrest warrant...

    Quote Quoting Litigator
    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?
    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.

  4. #4
    Join Date
    Jun 2006
    Posts
    11

    Default Re: Pulled over for arrest warrant...

    Tags were fine, and there was no traffic violation

  5. #5
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Pulled over for arrest warrant...

    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.

  6. #6
    Join Date
    Jun 2006
    Posts
    11

    Default Re: Pulled over for arrest warrant...

    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.

  7. #7
    Join Date
    Jun 2006
    Posts
    11

    Default Re: Pulled over for arrest warrant...

    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.

  8. #8
    Join Date
    Jun 2006
    Posts
    11

    Default Re: Pulled over for arrest warrant...

    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.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Pulled over for arrest warrant...

    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

  10. #10
    Join Date
    Jun 2006
    Posts
    11

    Default Re: Pulled over for arrest warrant...

    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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