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  1. #1
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    Jun 2019
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    Default Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    My question involves a driver's license issued by the State of: ohio.

    Today I got pulled over by a cop that was clocking people on the side of the road. I passed him and then another car or two passed him and then he decided to pull me over. I asked him why he pulled me over. He stated because the owner of the car is suspended. Well if he ran the plates it came back registered to a black male. I am a white female. Who he did not know my name or who I was to be able to see if I had a license or not. Should I fight this case

  2. #2
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    Oct 2014
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Quote Quoting Taralee0105
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    My question involves a driver's license issued by the State of: ohio.

    Today I got pulled over by a cop that was clocking people on the side of the road. I passed him and then another car or two passed him and then he decided to pull me over. I asked him why he pulled me over. He stated because the owner of the car is suspended. Well if he ran the plates it came back registered to a black male. I am a white female. Who he did not know my name or who I was to be able to see if I had a license or not. Should I fight this case
    Fight the case for what? Did you get cited for some violation? If so, what was the citation for?

    Note that all a cop needs to pull you over is reasonable suspicion that a crime might have occurred or is in the process of occurring. It is not a very high standard. If the owner of the car has a suspended license that can certainly be enough to warrant additional investigation. A lot depends on what facts the cop had when he made the stop.

  3. #3
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Quote Quoting Taxing Matters
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    Fight the case for what? Did you get cited for some violation? If so, what was the citation for?

    Note that all a cop needs to pull you over is reasonable suspicion that a crime might have occurred or is in the process of occurring. It is not a very high standard. If the owner of the car has a suspended license that can certainly be enough to warrant additional investigation. A lot depends on what facts the cop had when he made the stop.
    I would have to look it up to see if it was applicable to the ops state but in at least one state it was ruled that if it is obvious the driver is not the registered owner, there is no basis to stop the vehicle. Given the owner is a black and the driver white, it surely puts the stop into question.

    Of course depending on all of the facts, he might be able to claim he could not see inside the vehicle such that he could determine ifmthe driver was white, black, male, or female.

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

    Quote Quoting jk
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    I would have to look it up to see if it was applicable to the ops state but in at least one state it was ruled that if it is obvious the driver is not the registered owner, there is no basis to stop the vehicle. Given the owner is a black and the driver white, it surely puts the stop into question.
    As I said before, it depends on what information the cop had when making the decision for the stop. Did he know the race/sex of the owner of the car? Could he see the driver well enough to determine the race and sex of the driver? What other information did the cop have or not have at the time? Without knowing what the cop knew it is impossible to say whether the stop was good.

    But even if the stop wasn't good, if the OP didn't actually get a citation from the stop then there is nothing to contest, which is why I asked what the OP was cited for, if anything.

  5. #5
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Quote Quoting Taxing Matters
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    As I said before, it depends on what information the cop had when making the decision for the stop. Did he know the race/sex of the owner of the car? Could he see the driver well enough to determine the race and sex of the driver? What other information did the cop have or not have at the time? Without knowing what the cop knew it is impossible to say whether the stop was good.

    But even if the stop wasn't good, if the OP didn't actually get a citation from the stop then there is nothing to contest, which is why I asked what the OP was cited for, if anything.
    I’m agreeing more than I’m disagreeing. I was simply pointing out that, in at least one state, the issue of gender and color are important in determining the validity of the stop. Your statement appeared to ignore the possibility.


    Now, if the op will provide what, if any, citation they received was for, the issue of gender and color can be discussed to help determine if it is a viable defense. If there was no citation or arrest, it won’t matter.

  6. #6
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    Sep 2018
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    Ohio
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    To be certain, I would need to research more, but my guess is it is legal. Ohio's Article 1 sec.14 is "Co-Extensive" with the 4th AM. If the 4th permits it, 1.14 permits it, with a few exceptions, as comparative examples:

    http://www.legallyspeakingohio.com/w...te-v-brown.pdf

    https://www.ohioattorneygeneral.gov/...ision.pdf.aspx

    Since the 4th does not forbid it, by the facts here, Ohio would concur.

  7. #7
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    I raise

    http://starkcountyohio.gov/StarkCoun...n.pdf?ext=.pdf

    was aware that the registered owner had a suspended license, he also knew that the owner had limited driving privileges. In upholding the reasonableness of the stop, the court, in Elliot, stated, in relevant part, as follows at paragraphs 17-19:
    Thus, absent some indication that the registered owner is not driving the automobile, police may conduct an investigatory stop if they learn that the registered owner has a suspended license. Id. But here there is an additional circumstance: the officer knew the registered owner has limited driving privileges. Because there is nothing in the record that indicates Chapman was able to determine the actual scope and terms of Elliott's
    And

    http://www.sconet.state.oh.us/pdf_vi...pdf=665617.pdf

    It is liuiubly submitted that allowing officers to rely solely on the reasonable assumption that the driver is most often the owner when conducting a traffic stop would render meaningless the concept of reasonable suspicion; a standard which is based upon specificity, not conjecture. The identity of the driver is key; before a stop is reasonable there must be some nexus between the unlicensed owner and the operator.
    And it appears that the Supremes have agreed to hear a case not only based on obvious lack of identity match but whether the stop based solely on the assumption the driver is also the registered owner when the driver is not identifiable creates reasonable suspicion

    https://www.scotusblog.com/case-file...nsas-v-glover/

  8. #8
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    Ohio
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    This is more specific. The appeals court ruled the trial court erred, and ruled the stop invalid. Note, analyzing the 4th, it states no specifics about an "unlicensed driver + identification of driver necessary" but back and forth case law determinations.

    https://www.sconet.state.oh.us/rod/d...-ohio-1135.pdf

    jk, good research, the Glover case is not decided yet, so we will see if the 4TH ends up permitting it.

  9. #9
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    So, now that we have that figured out, all we need now is the issue concerning the op and the facts surrounding that issue.

  10. #10
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    Default Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    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.

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