QUESTION
Can a cop wait by your car for hours until you return and follow you for over 2 miles? No warrants, 911 calls about me, no leads. NO reason to stalk..
Asked on Feb 09th, 2015 on Drug Crimes - New Jersey
More details to this question:
I had been at a friend's house around dinner time (6:45) and stayed there until 10:22 which is when I left walked to my truck across the street and after warming my car up because it was freezing out I started to head home. I made my way across town roughly 2 miles pulled over to answer a text I thought was from my mom, it was my girlfriend. I checked that text and any other notifications I had at the moment. Before I even checked my phone i had seen an undercover cop who I have quite the history with from 2 years prior creep by at 5 mph. He turns down the street parallel to the one I am on. After I checked my phone I pulled away and saw the cop on the street heading towards me and then turning up a different street. I wanted to see if he would follow me. He was he made his way back behind my car and followed another quarter mile eventually pulling me over for "suspicion" no traffic violations or any 911 calls identifying me or my vehicle. Right violation? Police misconduct?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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Were you charged with a crime? If you were charged with a crime, you would be able to question the stop. This would be done by a motion to suppress the evidence. There would be a hearing with regard to the basis for the stop. We would represent you at the hearing for this motion. The prior conduct of the police officer would be relevant. The case is more difficult if you were not charged with a crime. You would and have to bring a civil rights action against the police officer. This must be done in federal court and requires extensive litigation. Please call to discuss. I would add that the drug cases are coordinated by a Drug Cordinator in the prosecutors office. We work closely with the coordinator. You may have an opportunity to have these charges dismissed. Please call if you would like to discuss representation and costs.
Answered on Feb 09th, 2015 at 3:57 PM