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  1. #1
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    Dec 2007
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    Exclamation Texas DPS Making Up Reasons To Pull People Over

    I was pulled over by a Texas DPS officer saying I was speeding on the interstate. I guarantee you the cruise control was set on 70. He did not have a good reason to stop me. There were no warrants or anything to prompt the stop either. Consent to search was given and everybody in the car was arrested.

    Question #1: Isn't this an unlawful stop? Is any evidence taken from this stop admissible in court?

    Question #2: Can you think of any watchdog organizations that might be tracking incidents such as this that I may contact? ACLU, others?

  2. #2
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    Default Re: Texas DPS Making Up Reasons To Pull People Over

    what did they find in the car that caused being arrested? You should of asked to see the radar. Can't really give you any advice other than talk to a lawyer asap it sounds like some crooked cop work to me.

  3. #3
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    Default Re: Texas DPS Making Up Reasons To Pull People Over

    The police don't have to use radar, and they don't have to show a speeding driver the radar.

    It will be interesting to see what the police report says about the basis for the traffic stop.

  4. #4
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    Default Re: Texas DPS Making Up Reasons To Pull People Over

    I'd like to see what the police report says too. Shouldn't I be able to see the police report before being indicted? So far the answer I'm getting is no. Is that right?

    What is the legal term for "illegal stop" or " unlawful stop"? I'm attempting to search for similar cases and using the right term would be a big help.

    I've just about read everything here at expertlaw and this is really a fabulous service you all are giving here. I'm going to spread the word about your forums and services.

  5. #5
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    Default Re: Texas DPS Making Up Reasons To Pull People Over

    Police agencies don't release reports from ongoing investigations.

    You can search all sorts of synonyms - illegal, unlawful, improper, invalid... There's no single word that will find you every case.

  6. #6

    Default Re: Texas DPS Making Up Reasons To Pull People Over

    The problem you will find is that a stop isn't labeled unlawful until a court rules that it is. It will come down to whether or not the officer involved can articulate his reason for initiating the stop - which may have nothing to do with the reason he gave YOU. It could be anything from your vehicle resembling one with a recent BOLO (be on the lookout) on it, to the officer believing that he recognized one of your passengers as having a warrant (doesn't matter if it was mistaken identity as long as the officer can articulate why he believed it might be that person), to an improper lane change several miles back. So long as the officer can reasonably articulate WHY the stop was initiated, the results of a consentual search will likely be admissible. If the officer gets up on the stand and says he pulled you over on a hunch, or because he just "had a funny feeling", then things get brighter for you - but I wouldn't hold my breath.

    Your attorney will obtain a copy of the narrative as part of the discovery process to get their side of things.

    You might try searching for phrases like:

    "traffic stop pretext" or "probable cause traffic stop"

    or for case law try:

    Whren v. United States

    State v. Carter/Dawson

    State v. Gilmour

    US v. Ibarra

  7. #7
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    Default Re: Texas DPS Making Up Reasons To Pull People Over

    Quote Quoting bettyb
    View Post
    I was pulled over by a Texas DPS officer saying I was speeding on the interstate. I guarantee you the cruise control was set on 70.
    Was the speed limit something LESS than 70?

    He did not have a good reason to stop me.
    Maybe ... maybe not. If it was for speed, and he had reason to believe you WERE speeding, he can stop you. There may have been other reasons as well.

    Consent to search was given and everybody in the car was arrested.
    What was found in the car that got everyone arrested? Dope?

    Question #1: Isn't this an unlawful stop? Is any evidence taken from this stop admissible in court?
    No one can say for sure just yet ... and ... quite possibly.

    Question #2: Can you think of any watchdog organizations that might be tracking incidents such as this that I may contact? ACLU, others?
    There are many organizations that will listen to your complaint, but doubtful that any will fork out for attorneys to go to bat for you.

    - Carl
    **********
    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

  8. #8
    Join Date
    Aug 2007
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    Default Re: Texas DPS Making Up Reasons To Pull People Over

    Quote Quoting bettyb
    View Post

    What is the legal term for "illegal stop" or " unlawful stop"? I'm attempting to search for similar cases and using the right term would be a big help.
    Read the syllabus here and then the whole opinion for some law knowledge.

    In part:

    (a) Stopping an automobile and detaining its occupants constitute a "seizure" within the meaning of the Fourth and Fourteenth Amendments, even though the purpose of the stop is limited and the resulting detention quite brief.

    http://www.law.cornell.edu/supct/htm...0_0648_ZS.html

    Whether it is a motor vehicle stop or an off road stop, police are constrained by the 4th AM. IF there is no clear cut case law on a particular set of facts, the law requires the "seizure" simply be "reasonable".

    To paraphrase from other cases "reasonableness is the touchstone of the 4th AM".

    Although a state's constitution is seperate law from the federal, a state can not permit a seizure the federal prohibits, but can probit a seizure the federal allows.

    Hope this helps some.

    BOR (Bill of Rights)

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