Driving on suspended reasonable suspicion?

[Supersilly]

Here's the story. A month ago I was pulled over and issued a driving on suspended license ticket. I went to court 4 days ago for it and have to Go back to speak to the d.a. next month. My License was suspended from unpaid fines in a different village. Today I was driving and passed the officer that pulled me over going in opposite directions. He immediately pulled a uturn and pulled me over again. When I asked why he pulled me over he said he knew my license is suspended. I told him I had taken care of the suspension and that he couldn't possibly know if my license was suspended a month after the fact. he still took my information and came back with another suspended license ticket. The car is registered to my gf and he didn't even remember my name. does just seeing me driving a month after I got the first ticket give him reasonable suspicion to pull me over again. He couldn't have had time to run my name considering he couldn't even remember it. I live in a small town in upstate ny and don't need to be harrassed every time this part time cop sees me driving because he thinks my license is still suspended.not to mention him calling in a canine unit because I wouldn't let him search the car. (wouldn't driving on a suspended license give him probable cause)? I'm curious if I can fight to suppress the second ticket or fight it since he only pulled me over on a hunch that my license was still suspended. my gf was pulled over later in the night and was quickly let go after the officer realized I wasnt driving her vehicle.

 

[single317dad]

Here's the story. A month ago I was pulled over and issued a driving on suspended license ticket. I went to court 4 days ago for it and have to Go back to speak to the d.a. next month. My License was suspended from unpaid fines in a different village. Today I was driving and passed the officer that pulled me over going in opposite directions. He immediately pulled a uturn and pulled me over again. When I asked why he pulled me over he said he knew my license is suspended. I told him I had taken care of the suspension and that he couldn't possibly know if my license was suspended a month after the fact. he still took my information and came back with another suspended license ticket. The car is registered to my gf and he didn't even remember my name. does just seeing me driving a month after I got the first ticket give him reasonable suspicion to pull me over again. He couldn't have had time to run my name considering he couldn't even remember it. I live in a small town in upstate ny and don't need to be harrassed every time this part time cop sees me driving because he thinks my license is still suspended.not to mention him calling in a canine unit because I wouldn't let him search the car. (wouldn't driving on a suspended license give him probable cause)? I'm curious if I can fight to suppress the second ticket or fight it since he only pulled me over on a hunch that my license was still suspended. my gf was pulled over later in the night and was quickly let go after the officer realized I wasnt driving her vehicle.

If you were arrested or your vehicle impounded for driving while suspended, then a search incident to a lawful arrest would likely have been legal.

So far, the officer has been right 100% of the time, in that he pulled you over believing your license was suspended, and it was.

There's plenty of case law in NY on probable cause for vehicle stops, suppressing evidence from a stop and/or search, and further evidence as fruit of the poisonous tree. Just a couple from this year alone:

http://law.justia.com/cases/new-york/court-of-appeals/2015/50.html

http://law.justia.com/cases/new-york/other-courts/2015/2015-ny-slip-op-50009-u.html

And a good reference (though not all relevant to NY) of case law on traffic stops:

http://www.caselaw4cops.net/searchandseizure/traffic.htm

A thorough search will likely lead you to more relevant cases, like this one:

https://www.law.cornell.edu/supct/cert/09-11556

http://www.scotusblog.com/case-files/cases/tolentino-v-new-york/

As far as you being "harassed" by this officer, as long as you continue to break the law, any case against the officer or department will go nowhere.

 

[Supersilly]

Thank you. I was just curious. So in 6 months or later today when my license is no longer suspended he can still pull me over because he suspects it's suspended. That's all I wanted to know.

 

[Zigner]

Here's the story. A month ago I was pulled over and issued a driving on suspended license ticket. I went to court 4 days ago for it and have to Go back to speak to the d.a. next month. My License was suspended from unpaid fines in a different village. Today I was driving and passed the officer that pulled me over going in opposite directions. He immediately pulled a uturn and pulled me over again. When I asked why he pulled me over he said he knew my license is suspended. I told him I had taken care of the suspension and that he couldn't possibly know if my license was suspended a month after the fact. he still took my information and came back with another suspended license ticket. The car is registered to my gf and he didn't even remember my name. does just seeing me driving a month after I got the first ticket give him reasonable suspicion to pull me over again. He couldn't have had time to run my name considering he couldn't even remember it. I live in a small town in upstate ny and don't need to be harrassed every time this part time cop sees me driving because he thinks my license is still suspended.not to mention him calling in a canine unit because I wouldn't let him search the car. (wouldn't driving on a suspended license give him probable cause)? I'm curious if I can fight to suppress the second ticket or fight it since he only pulled me over on a hunch that my license was still suspended. my gf was pulled over later in the night and was quickly let go after the officer realized I wasnt driving her vehicle.

In other words, when you were stopped the second time, you lied to the officer. Your license is STILL suspended, yet you continue to thumb your nose at "the man"...the man, apparently, doesn't like it.

 

[Zigner]

Thank you. I was just curious. So in 6 months or later today when my license is no longer suspended he can still pull me over because he suspects it's suspended. That's all I wanted to know.

Come back in 6 months when your license is no longer suspended and you've been pulled over.

 

[Supersilly]

I wasn't concerned about harrassment or the search I know that stuff happens and is fine.

 

[Zigner]

Oh, I forgot this: What is the name of your US state?

 

[Supersilly]

I already went to the dmv got an abstract and took care of it at the court this morning. But I deliver at night so I'm bound to see him later and he will no doubt pull me over. I spoke w my lawyer this morning. Thanks guys

 

[Supersilly]

New york. Upstate. Small town.

 

[Zigner]

Is your license presently suspended?

Never mind - you answered that while I was asking. Now, if you're stopped again, you can show the paperwork to the officer and be on your merry way.

 

[Supersilly]

Nope not anymore