What types of prior criminal history do police have upon a routine stop?

[Avak]

What is the name of your state (only U.S. law)? MA

Hypo: I had a drunk driving conviction 25 years ago, is there any special notation about this prior when i am pulled over for speeding? Would it be legal if there was?

 

[CdwJava]

What is the name of your state (only U.S. law)? MA

Hypo: I had a drunk driving conviction 25 years ago, is there any special notation about this prior when i am pulled over for speeding? Would it be legal if there was?

What the officer finds out will depend on what databases he or his dispatcher search and what is related to the officer. Yes, it is possible (and perfectly legal) for an officer to discover this prior offense on a stop. It is also possible that he won't. Practices vary by agency.

 

[Avak]

What the officer finds out will depend on what databases he or his dispatcher search and what is related to the officer. Yes, it is possible (and perfectly legal) for an officer to discover this prior offense on a stop. It is also possible that he won't. Practices vary by agency.

First off,,, thanks for the reply. Would it be legal for the state to automatically and systematically flag drunk drivers without the actual passage of any law to make a special provision for them? How about for some other NON traffic related offense?

 

[davew128]

Is there a point to all this? If you're pulled over for speeding and your license is valid, the 25yo DUI has no relevance.

 

[CdwJava]

First off,,, thanks for the reply. Would it be legal for the state to automatically and systematically flag drunk drivers without the actual passage of any law to make a special provision for them? How about for some other NON traffic related offense?

The state can do most anything wants. Absent some law to the contrary, an officer can generally look up your criminal record as part of any investigation. Whether he will do so in the field on a traffic stop is questionable. But, your state's DMV system or city/county computer and/or dispatch system may contain this information and it would not be unlawful.

Why is this an issue? If it was 25 years ago, it shouldn't be an issue.

 

[Avak]

The state can do most anything wants. Absent some law to the contrary, an officer can generally look up your criminal record as part of any investigation. Whether he will do so in the field on a traffic stop is questionable. But, your state's DMV system or city/county computer and/or dispatch system may contain this information and it would not be unlawful.

Why is this an issue? If it was 25 years ago, it shouldn't be an issue.

It stands to reason that a person who was "branded" by a state police system might not get a fair shake in a routine traffic stop. This type of alert increases the likelyhood that a person may be discriminated against. MA state police use this type of alert for a select group of prior offenders.

 

[Zigner]

It stands to reason that a person who was "branded" by a state police system might not get a fair shake in a routine traffic stop. This type of alert increases the likelyhood that a person may be discriminated against. MA state police use this type of alert for a select group of prior offenders.

Good for them!

 

[CdwJava]

It stands to reason that a person who was "branded" by a state police system might not get a fair shake in a routine traffic stop.

A person who is convicted by the criminal justice system has branded himself. But, as an officer myself, I can say that a 25 year old conviction is not likely to influence my decision in the field one iota. Your ancient history does not suddenly create probable cause for an arrest.

This type of alert increases the likelyhood that a person may be discriminated against. MA state police use this type of alert for a select group of prior offenders.

Okay ... if that's the case, there's not much you can do about it and it is perfectly lawful.

 

[Silverplum]

This is what happens when advisors answer "hypo" (hypothetical) questions.

 

[PaulMass]

What is the name of your state (only U.S. law)? MA

Hypo: I had a drunk driving conviction 25 years ago, is there any special notation about this prior when i am pulled over for speeding? Would it be legal if there was?

Many police cruisers in Mass have laptops with tie-in to the CJIS system. See http://www.mass.gov/eopss/law-enforce-and-cj/cjis/massachusetts-cjis-information-for-law-enforcement.html

If this was a Massachusetts conviction, the answers are yes and yes. If it was another state the answers are maybe and yes.

Gone are the days where the cop would fold your registration to put a crease in it when he gave you a break so the next one would know that you already got one break. Big brother knows all.

 

[HighwayMan]

MA state police use this type of alert for a select group of prior offenders.

So then you answered your own question.

 

[Zigner]

I suspect the OP is referring to sex-related offenses. Of course, he figured he'd throw in traffic/DUI offenses, because they are so similar.
















(To be clear - the comment about them being similar was sarcasm.)