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  1. #1
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    Default Can An Officer Ticket You for a Seat Belt Violation After Have Stopped Your Car

    My question involves civil rights in the State of: California

    I was a passenger in a vehicle, sitting in the middle of the front seat with someone on either side of me. As we pulled in to a gas station, a police car followed us in and turned his lights on. He walked up to the drivers side window and looked right at me and said I wasn't wearing a seat belt. There's absolutely no way he could have seen if I was or wasn't. Was this a legal stop?

  2. #2
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    Default Re: Police Inventing a Reason to Pull Me Over

    Quote Quoting momguyvr
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    My question involves civil rights in the State of: California
    You'll have to edit your post and put some information in it.

    Just a general comment ... the police can use any lawful reason to detain you even if they want to use it simply as a reason to make contact for some other reason. So, if the officer thinks you might be drunk because you left a bar, he can follow you until he sees you do something that gives him a reason such as rolling past the limit line of a stop sign, or failing to use a signal on a turn, etc. Even though he is using the stop to contact you for a DUI investigation, so long as the stop is for a lawful purpose his subjective intent is not relevant.

  3. #3
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    Default Re: Police Inventing a Reason to Pull Me Over

    cbg, we were pulled up to the pump, he pulled in behind us.

  4. #4
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    Default Re: Police Inventing a Reason to Pull Me Over

    What kind of car were you in?

    And what code section were you cited for?

    Also, as I mentioned, there a number of ways to develop the reasonable suspicion that a person is not in a seatbelt that does not include actually seeing a lapbelt.

  5. #5
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    Default Re: Police Inventing a Reason to Pull Me Over

    It was a 2001 Taurus. WITH a middle belt in front, that I WAS wearing. By the time we realized he was pulling us over, the belt was off and the person on my right had her belt off and was as already out of the car.

    - - - Updated - - -

    Also, there was never any mention of another reason her pulled us over.

    - - - Updated - - -

    He,not her sorry.

  6. #6
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    Default Re: Police Inventing a Reason to Pull Me Over

    Well, then, you can take the cite to trial. You can cross-examine the officer and ask why she thought you were out of the seatbelt before you pulled off the road. Then, you can testify (if you choose) that you were in your seatbelt on the roadway and can even call your friends as witnesses if they are willing to go with you to court. Then, the court will decide.

  7. #7
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    Default Re: Police Inventing a Reason to Pull Me Over

    If he pulled in behind you when you pulled up to the gas pump, then he did NOT "pull you over".

  8. #8
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    Default Re: Can An Officer Ticket You for a Seat Belt Violation After Have Stopped Your Car

    Those pretty blue and red lights were flashing! He WAS pulling us over!

  9. #9
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    Default Re: Can An Officer Ticket You for a Seat Belt Violation After Have Stopped Your Car

    Okay, whatever you say.

  10. #10
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    Default Re: Can An Officer Ticket You for a Seat Belt Violation After Have Stopped Your Car

    Quote Quoting momguyvr
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    Those pretty blue and red lights were flashing! He WAS pulling us over!
    Okay, he activated his lights and walked up to the window and saw that you were unbelted. This would have been permitted even if he had NOT activated his lights and even if this were NOT a detention as you were stopped at the pump in a public place.

    As I mentioned, you are free to present your case at trial and see what a court has to say. If the officer is able to present some compelling info as to how he knew you were unbelted, or, he activated his lights and detained the drivere for something else and THEN noted you were unbelted, you may lose.

    So, I guess you and your friends (as your witnesses) will be going to court.

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