QUESTION

Is it a viable reason to pull me over if I nearly pulled out in front of a state trooper from a stop?

Asked on Jan 19th, 2014 on Litigation - New York
More details to this question:
I live in New York State and recently was pulled over after I nearly pulled out in front of a state trooper from a stop. I did not actually pull out, although the front tip of my car may have been on or barely past the white line of the side of the road. When he pulled me over he asked for my license as registration and than berated me for nearly killing him his partner and his dog. After my sincere apology's, he than contended that he smelled pot and asked me if there was anything in the car. After I consistently denied the presence of pot in my car and even offered him the approval to search if he wanted, he even threatened to have the dog scratch and tear my car. Finally, he decided not to search me anyway than wrote me a ticket for failure to notify the Department of motor vehicle of an address change on my license. My question is, did he have the right to pull me over in the first place , or was it illegal for him to terrorize me as such?
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1 ANSWER

John J. Carney
The stop was legal and he had the right to search your vehicle if he truly smelled pot. You should not have consented to a search as for all you know there might have been something illegal in your car. He is well within his rights to tell you that you almost caused an accident. Be more careful in the future and do not admit to anything or consent to any searches.
Answered on Jan 22nd, 2014 at 11:05 AM

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