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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4391
Experience:  Almost 12 years of legal experience, primarily in criminal law
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CAN A LAW ENFORCEMENT OFFICER RUN DMV RECORDS TO DETERMINE

Resolved Question:

CAN A LAW ENFORCEMENT OFFICER RUN DMV RECORDS TO DETERMINE WHO IS IN A VEHICLE LEGALY IN MASSACHUSETTES. I WAS PULLED OVER SOLELY FOR BEING IN THE TRUCK AND THE POLICE REPORT SIGNED BY OFFICER REFLECTS THIS. I KNOW IT IS A VIOLATION OF FOURTH AMMENDMANT IN NH UNDER SURVEILLANCE LAW.DOES THE SAME HOLD TRUE FOR MA? THANKS
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.
<p>An officer can run your DMV records because he is using information that is publicly available and in plain view--i.e. your license plate number--to do the records check. So there is no unlawful search or seizure that violates the Fourth Amendment.</p><p> </p><p>Also, it doesn't matter if you had a valid out of state license. If your privilege to drive was suspended in Massachusetts, then you cannot legally drive until you get the suspension cleared.</p>
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