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profiled and detained fpr 1 + hour

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CdwJava

Senior Member
I have been pulled over and given no reason at all as to why... Can they do that?
There is no legal requirement (at least not in any state I have heard of) that an officer explain to a driver why they detained them.

Me: Why did you pull me over officer?

Officer: Can I see your documents? Sit tight I will be right back, is there anything I need to know before I run your license?

Then in the end (10 20 minutes) they come back with a ticket, or no ticket.
When I worked for a larger agency with a dedicated records channel, a citation with a records check would take between 8 and 12 minutes.

As a matter of fact, My husband and I were traveling through NJ with all our stuff and was pulled over, and the car was tossed with barely 10 words spoken from them. (do you have drugs in the car, is it alright if I look) then he apologized, thanked us for our cooperation and sent us on our way...
Consent is universally good.


- Carl
 


MLT

Junior Member
Bias-Based Profiling: The detention, interdiction, or other disparate treatment of any
person on the basis of their race, color, ethnicity, sex, physical handicap or religion.

Reasonable Suspicion: Also known as articulable suspicion. Suspicion that is more
than a mere hunch, but is based on a set of articulable facts and circumstances that
would warrant a person of reasonable caution in believing that a violation of the law has
been committed, is about to be committed, or is in the process of being committed, by
the person or persons under suspicion
. This can be based on the observations of a law
enforcement officer combined with his or her training and experience, and/or reliable
information received from credible outside sources.
DISCUSSION

Our supreme court has also stated that
Section 11 permits an officer, during an investigatory stop, to detain a motorist briefly only as necessary to complete the officer’s work related to the illegality for which the motorist was stopped. Where an officer stops a vehicle for a traffic violation, a request for the driver’s license and vehicle registration, a license plate check, a request to search the driver’s vehicle and an inquiry regarding whether the driver has a weapon in the vehicle are within the scope of reasonable detention.
State v. Quirk, 842 N.E.2d 334, 340 (Ind. 2006)

1) So what exactly should a handicapped persons car look like?
2) does the time detained for contemplation , inspection, etc relate to the illegality for which the motorist was stopped?
 

CdwJava

Senior Member
1) So what exactly should a handicapped persons car look like?
2) does the time detained for contemplation , inspection, etc relate to the illegality for which the motorist was stopped?
As I stated, if challenged properly, he will have to articulate reasonable suspicion for the detention. Mind you it won't take much at all, and what he told you does not have to be the legal reason for which he stopped you.

If he articulates sufficient cause then chances are good that the rest of the violations are in. Have the fines ready when you go to court.

- Carl
 

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