QUESTION
Are cops allowed to just pull you over and do whatever he wants?
Asked on Nov 13th, 2013 on Criminal Law - Michigan
More details to this question:
My fiance and I got pulled over a couple of days ago for no reason at all. When the cop came to the window he just asked for my fiance's license. When he asked my fiance to get out of the car so he could talk to him (again he gave no reason why he wanted to talk to him) and when my fiance stepped out the officer grabbed my fiance's black cigarette case and opened it to search it. I know he is a cop, but we have rights and I don't think you can get pulled over with out it being a good reason and I don't think they are allowed to go through your stuff without permission. Can they? He ended up arresting my fiance which he also did not read him his Miranda rights. I don't know what to do and my fiance is in jail on bond. So i need some legal advise for when he goes to court. I know why my fiance got arrested I just don't think it is right that we got pulled over for no reason and that the officer can just grab what he wants and look through stuff.
5 ANSWERS
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies. Remember, when you don't say "no" then it is implied consent, so the cop will simply say everything was consensual. He needs a good lawyer.
Answered on Nov 13th, 2013 at 7:41 PM
1 Award
An officer needs "reasonable suspicion" that a crime is being committed or has been committed, such as a traffic violation, before he can pull you over. Without a reason to pull you over, everything that happened afterward was improper. Hire a lawyer to fight the charge and he might win.
Answered on Nov 13th, 2013 at 7:11 PM
Adoptions Attorney serving Lansing, MI
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What was he arrested for? The officer would must have found some evidence of a crime when he searched through his stuff. The police only need reasonable suspicion to pull you over which is a much lower standard than probable cause. Any violation of the motor vehicle code such as going one mile per hour over the speed limit or touching the centerline will suffice. They do not have to tell you the reason why they pulled you over, but they will in court if you contest it. The police cannot search your person, your property, or the vehicle without either permission or probable cause. An experienced criminal defense attorney would have to thoroughly review the police report and any cruiser cam videos to determine if there were any Fourth Amendment violations. Contrary to popular myth, Miranda warnings do not have to be given every time you are arrested. They only have to be given to you if you are under arrest or otherwise not free to leave in police custody and the police wish to interrogate you or ask you incriminating questions. A Miranda violation will only suppress incriminating statements and will never ever invalidate an otherwise unlawful arrest. The police can also order anyone out of the vehicle for any reason. The Supreme Court has stated the officer does not have to give a reason as officer safety is sufficient. However, keep in mind that no one ever has to speak to the police under any circumstances and you should always refuse and never consent to any searches. If you believe the cops have violated you're right, contest it in court and do not risk getting resisting obstructing charges by arguing with the police officer. Again, make sure your fiance is represented by experience criminal defense attorney.
Answered on Nov 13th, 2013 at 7:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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He needs to hire an attorney, the police do not have a right to stop and search for no reason.
Answered on Nov 13th, 2013 at 7:10 PM
Help him get an attorney. It is the one thing you can do for him that will make a difference.
Answered on Nov 13th, 2013 at 7:10 PM