QUESTION
How can I callenge the validity of a police stop. where no probable cause existed
Asked on Feb 24th, 2013 on Civil Rights - New Jersey
More details to this question:
A NJ cop pulled me over after He pulled up next to my son & I at a traffic light, he stared at my son, never taking his eyes off him so my son stared back, then the light changed & I left as I pulled away he put on his lights, at the stop he refused to let me get out of the car to go into the back to get the driving credentials he was asking for, he tormented me for ½ hour or so the back up cop said he couldn't understand why he was acting like that & 15mins later the cop gave me tickets for not giving him the driving credentials he was asking for, but he forgets he wouldn't let me out of the car to get them. I want to challenge the validity of the stop itself as he had no probable cause to investigate me and punch in my plates. The cop was young too.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the officer is not required to have 'probable cause' to 'stop' a vehicle for a 'motor vehicle violation'. the 'bar' is much lower. the officer must be able to enunciate a 'reasonable suspicion' that a law is being broken. for example, 'failure to signal a lane change'. your position would be difficult to win. i would focus upon shwoing the prosecutor that you had a license. ed dimon, esq.
Answered on Feb 27th, 2013 at 1:31 PM