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  1. #11
    Join Date
    Jan 2006
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    38,535

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Quote Quoting cbg
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    Not arguing your facts, j/k, just expressing my opinion on the law in question.

    So the car is owned by a black male, and is stolen by a white female. (NOT accusing you, OP - just making a point). The owner has not yet discovered the theft so the plates do not, yet, run as stolen. So the police are prohibited from making a stop when it is clearly not the owner and thus lose an opportunity to recover the vehicle.

    Standing by for the flaming.
    Unless the cop is aware of the theft, it doesn’t matter.

    So yes, the police are prohibited from stopping a vehicle based solely on the knowledge the owner has a suspended license IF it is obvious the driver is not the registered owner. The police need reasonable suspicion a crime is being committed to make a lawful stop. In the scenario you describe, as long as it is clear the driver is not the owner, there is no reasonable suspicion to effect a stop.


    and using your basis for a stop, that would allow the police to stop any vehicle where the driver’s appearance doesn’t match the registered owners description simply because it isn’t the registered owner driving the car. That would allow them to stop even something such as you allow your husband to drive your car that is registered only In your name. Don’t you think that would be a problem? Where is the reasonable suspicion of a crime that is required to stop the car?

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    198

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Is the black male licensed in your story cbg?

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    I already know where the thread would go if I attempted to answer the above so I'm not going to. I already know how unpopular some of my opinions on individual rights in this country are; there's no need to debate it again. I've already heard the arguments.

  4. #14
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    Jan 2006
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Quote Quoting RJR
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    Is the black male licensed in your story?
    Why would it matter? You and I have both posted supporting law that states that if the driver is obviously not the registered owner, the issue of the owners license is irrelevent. In cbgs scenario she is suggesting the stop may be legal because it is obvious the driver is not the registered owner.

  5. #15
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    No. I'm not going to get into an argument about it but I do at least want to be quoted correctly. I am NOT saying the stop might be legal - I'm saying the stop SHOULD be legal. As in, I disagree with the law that makes it illegal.

  6. #16
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    198

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    But the premise of the stop was based on the registered owner being NOT licensed, period, not simply the owner is clearly not driving.

  7. #17
    Join Date
    Jan 2006
    Posts
    38,535

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Quote Quoting cbg
    View Post
    No. I'm not going to get into an argument about it but I do at least want to be quoted correctly. I am NOT saying the stop might be legal - I'm saying the stop SHOULD be legal. As in, I disagree with the law that makes it illegal.
    So you think the cops should be able to stop any car where the driver is obviously not the owner?

    that means my kids could be stopped every time they drove my cars. It means I could be stopped if I was driving my sisters truck simply because I’m not her?

    Im at a loss.

    Quote Quoting RJR
    View Post
    But the premise of the stop was based on the registered owner being NOT licensed, period, not simply the owner is clearly not driving.
    And that has been ruled unlawful if it is obvious the driver is not the registered owner. Knowing it is not the owner driver removes the reasonable suspicion of a crime being committed and removes the right to stop the car.

    Quote Quoting RJR
    View Post
    But the premise of the stop was based on the registered owner being NOT licensed, period, not simply the owner is clearly not driving.
    In the issue asked about the white female was driving a car owned by a black male.

  8. #18
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    198

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Quote Quoting cbg
    View Post
    No. I'm not going to get into an argument about it but I do at least want to be quoted correctly. I am NOT saying the stop might be legal - I'm saying the stop SHOULD be legal. As in, I disagree with the law that makes it illegal.
    That makes me anxious for the Glover case to be decided.

  9. #19
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,313

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    I should probably point out that in many states, the RACE of the driver is NOT on their license. In CA it is not. And, with regards to gender, this is very difficult to ascertain from a distance inside a vehicle. Sooooo ... .
    **********
    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

  10. #20
    Join Date
    Mar 2013
    Posts
    1,204

    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Let me add to what cdwjava said.

    Most officers working traffic or running license plates for wants are first looking for violations. There's not enough time to pay attention to the ethnicity or gender of every vehicle's driver as it passes by, nor do they wonder if initiating enforcement action against a vehicle that turns out to be driven by particular group's member is going to be proportionate or disproportionate to that groups' percentage in the population.

    Instead, they see a violation or get a hit on a license plate, pull in behind a vehicle to initiate a stop and all they see is the back of a head. 90% of the time a plain and simple traffic stop is initated, it's not until the officer walks up to the vehicle that they have any idea as to the race or sex of the person they are stopping.

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