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  1. #1

    Question Can an Officer Pull You Over Based Upon Knowledge of Past Driver's License Suspension

    My question involves police conduct in the State of: Iowa
    Scenario: Driver was stopped a couple months ago for minor vehicle violation(headlight). Clearly, a legitimate stop. Police asked for DL, which had expired a month before, Also, driver did not have proof of insurance in vehicle. Citations were written for these offenses.

    So, today, the same officer notices vehicle, immediately puts on flashers. Police was not tailing vehicle; police vehicle was stopped at intersection when the vehicle went past. Time between passing police vehicle and stop was 30 seconds or so. Police give no reason for stop.Asks for DL and insurance and registration. DL still expired due to need to clear fines, so citation written.

    Did police have probable cause to stop vehicle? Only reason would seem to be citations from 2 months ago for expired DL. Is this sufficient probable cause/reasonable suspicion for stop, independent of other reasons?

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,454

    Default Re: Probable Cause/Suspicion for Traffic Stop

    Quote Quoting GopherBoy
    View Post
    My question involves police conduct in the State of: Iowa
    Scenario: Driver was stopped a couple months ago for minor vehicle violation(headlight). Clearly, a legitimate stop. Police asked for DL, which had expired a month before, Also, driver did not have proof of insurance in vehicle. Citations were written for these offenses.

    So, today, the same officer notices vehicle, immediately puts on flashers. Police was not tailing vehicle; police vehicle was stopped at intersection when the vehicle went past. Time between passing police vehicle and stop was 30 seconds or so. Police give no reason for stop.Asks for DL and insurance and registration. DL still expired due to need to clear fines, so citation written.

    Did police have probable cause to stop vehicle? Only reason would seem to be citations from 2 months ago for expired DL. Is this sufficient probable cause/reasonable suspicion for stop, independent of other reasons?
    It may be, sure. If the officer had reason to believe your license was still invalid, the stop was valid. Different courts have different levels of tolerance for this. He may also have recalled your name and run it when he saw you. Or, he merely recalled the prior stop, assumed you were still expired, and made the stop to check. Whether your local court will find that a legitimate stop is a coin toss.

    Best bet? Renew the license!
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3

    Default Re: Probable Cause/Suspicion for Traffic Stop

    Roger that..!!

  4. #4
    Join Date
    Sep 2010
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    19,378

    Default Re: Probable Cause/Suspicion for Traffic Stop

    Did he impound the plates the first time?

  5. #5

    Default Re: Probable Cause/Suspicion for Traffic Stop

    Nope...

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,454

    Default Re: Probable Cause/Suspicion for Traffic Stop

    Impounding vehicle plates for an expired driver's license?? I have never heard of such a thing ...
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Sep 2010
    Posts
    19,378

    Default Re: Probable Cause/Suspicion for Traffic Stop

    Quote Quoting cdwjava
    View Post
    Impounding vehicle plates for an expired driver's license?? I have never heard of such a thing ...
    Nope, inpounding plates for not having insurance. Several states have this provision and IOWA is definitely one of them. In fact, not having insurance and a driver's license he was very lucky that he was allowed to drive off. In Iowa, you can get a temporary authorization to drive on your ticket if you don't have insurance, but that is NOT PERMISSABLE if you also don't have a driver's license.

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