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  1. #11
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Identified As Driver Suspended

    I can see it now;

    offixer on the stand; it was a casual search. I was just kind of pawing through all of the stuff in the car. It was all pretty laid back and all.

    Defense attorney; so, did you have probable cause

    cop: no man. I didn’t need probable cause. It was all casual. He didn’t mind. He never said a word about it

    defesne; did you possibly mean it was a consensual search?

    cop: oh ya man, that was it. It was consensual.

    Defense ; but you said the defendant never gave you permission.

    Cop; casual, consensual. It’s the same thing isn’t it?

  2. #12
    Join Date
    Oct 2014
    Posts
    7,426

    Default Re: Identified As Driver Suspended

    Quote Quoting budwad
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    If the officer already had information that the suspected driver was on the suspension list, it was not a casual stop.
    Where in the majority opinion (which is the only part of the opinion that is case law) do you find support for the assertion that it is not a casual stop if the officer already had reasonable suspicion? The majority opinion says nothing of the sort. The holding of the the majority opinion on Overstreet is this:

    The relevant facts are undisputed. The record shows that Paris did not stop Overstreet's vehicle. Overstreet had already stopped his vehicle at a gas station. Neither did Paris stop Overstreet himself. When Paris approached him, Overstreet was using an air hose to pump air into one of his automobile tires. Overstreet was not detained. Paris did not restrict his movement in any way. Paris merely asked Overstreet about his actions at the mailbox and asked him for identification. Overstreet then volunteered that his operator's license was suspended.

    We decline to hold that this brief encounter and inquiry constitutes a Terry stop which required a reasonable suspicion of criminal activity.[1] Not every encounter between a police officer and a citizen amounts to a seizure requiring objective justification. To characterize every street encounter between a citizen and the police as a seizure, while not enhancing any interest guaranteed by the Fourth Amendment, would impose wholly unrealistic restrictions upon a wide variety of legitimate law enforcement practices. See United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). Indeed, it is not the purpose of the Fourth Amendment to eliminate all contact between police and the citizenry. Id. at 553, 100 S.Ct. 1870.

    As long as the person to whom questions are put remains free to disregard the questions and walk away, there has been no intrusion upon that person's liberty or privacy to require some particularized and objective justification. Id. at 554, 100 S.Ct. 1870. Examples of circumstances under which a reasonable person would have believed he was not free to leave include the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled. Id. "In the absence of some such evidence, otherwise inoffensive contact between a member of the public and the police cannot, as a matter of law, amount to a seizure of that person." Id. at 555, 100 S.Ct. 1870. In this case, there was no such evidence presented. The trial court properly denied Overstreet's motion to suppress.

    Nothing in that supports the conclusion you drew.

  3. #13
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    237

    Default Re: Identified As Driver Suspended

    Quote Quoting jk
    View Post
    offixer on the stand; it was a casual search. I was just kind of pawing through all of the stuff in the car. It was all pretty laid back and all.
    Am I missing something? The OP mentioned nothing about a vehicle search?

  4. #14
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Identified As Driver Suspended

    Quote Quoting RJR
    View Post
    Am I missing something? The OP mentioned nothing about a vehicle search?
    It was a joke I was making a comparison between casual and consensual

  5. #15
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    237

    Default Re: Identified As Driver Suspended

    Quote Quoting jk
    View Post
    It was a joke I was making a comparison between casual and consensual
    10 - 4

  6. #16
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,390

    Default Re: Identified As Driver Suspended

    Quote Quoting Kyfung
    View Post
    I was guilty as hell for driving suspended. Dragged out paying this one because first off I didnít think he had a right to stop me and because in my mind I paid ticket even though it wasnít reinstated yet.
    Clearly, the officer knew you were suspended. He made contact, said he knew who you were and you were suspended. You admit the officer was correct and that you WERE suspended. HOW he knew you were suspended is pretty much irrelevant here.

    The fact that you had something else in your mind is also irrelevant because, it appears, the state's database still indicated you were suspended.

    From your description there was nothing improper done here. If you think you're going to get out of paying the additional fine because you don't think it was fair that the officer was able to identify you, that's not gonna fly.
    **********
    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. #17
    Join Date
    Sep 2010
    Posts
    19,246

    Default Re: Identified As Driver Suspended

    As stated "in his mind" matters because the driving while suspended statute requires you to knowingly drive while you are suspended. However, knowing you have FTA on tickets and admissions made to the officer kid of obviate the defense that you didn't know you were suspended.

  8. #18
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Identified As Driver Suspended

    It appears the op was quite aware his suspension had been reinstated at the time of the incident. He clearly suggests that and makes no argument against it.

  9. #19
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,390

    Default Re: Identified As Driver Suspended

    Quote Quoting flyingron
    View Post
    As stated "in his mind" matters because the driving while suspended statute requires you to knowingly drive while you are suspended. However, knowing you have FTA on tickets and admissions made to the officer kid of obviate the defense that you didn't know you were suspended.
    It sounds as if he merely made the assumption that because he sent in his payment, all was good. I assume that in most - if not all other states - you receive written notice of a cleared suspension and also have to seek a new license or reinstatement with the DMV. Clearly he would not have yet received that information if the DMV indicated he was still suspended. What he had "in [his] mind" had no real bearing on the issue at that time.
    **********
    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
    Sep 2010
    Posts
    19,246

    Default Re: Identified As Driver Suspended

    Actually, rereading his two posts, in his mind he KNEW he was suspended. What he assumed was that he could get away with driving while suspended because an officer let him off the first time around.

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