How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88678
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

MY NAME ISXXXXX THINK THAT A POLICE OFFICER, DARION

Resolved Question:

MY NAME ISXXXXX THINK THAT A POLICE OFFICER, DARION LEE, IS HARASSING ME. I LIVE IN MIDLAND, TX, POPULATION OF APPROXIMATELY 120,000 AND THIS COP HAS PULLED ME OVER 5 TIMES. I KNOW OF VERY FEW PEOPLE WHO’VE BEEN PULLED OVER TWICE BY THE SAME COP. I’M A SAFE DRIVER. I HAVE NO DUI’S. I’VE ONLY BEEN IN ONE ACCIDENT AND THE OTHER DRIVER WAS AT FAULT. I THINK MY LAST SPEEDING TICKET OCCURRED IN 1989. MY LICENSE HAS BEEN SUSPENDED BECAUSE OF TOO MANY INSURANCE TICKETS. AFTER MY 2ND CHILD SUPPORT CASE ENDS DID NOT ALWAYS MEET; HOWEVER, AFTER QUITE A BIT OF ADJUSTMENT, I HAVEN’T HAD ONE OF THOSE SINCE 2009.
TAKING THIS INTO CONSIDERATION, ONE WOULD THINK THAT NO POLICE OFFICER WOULD HAVE A REASON TO PULL ME OVER. I TRY TO DRIVE THAT WAY. THIS COP MAKES UP REASONS. THE FIRST TIME HE PULLED ME OVER, HE SAID THAT IT WAS FOR “SUSPICIOUS DRIVING.” I DON’T KNOW WHAT THAT MEANS. I ALSO VERY MUCH DOUBT IF IT’S A VALID REASON TO PULL SOMEONE OVER.
THE 2ND TIME HE PULLED ME OVER HE SAID IT WAS FOR “NOT STOPPING AT A CROSSWALK.” NOW, THAT NITE I THOUGHT IT SUSPICIOUS THAT HE PULLED A U-TURN WHEN WE PASSED EACH OTHER BECAUSE I KNEW THAT I HAD CURRENT TAGS. I THOUGHT HE’D DO LIKE ALL THE OTHER COPS WHO PROFILE WITHOUT PROFILING: FOLLOW FOR A BIT, THEN WHEN NO TRAFFIC LAWS WERE BROKEN, TAKE OFF. HE DIDN’T DO LIKE THE REST OF THEM. WHEN HE TOLD ME THAT HE PULLED ME OVER FOR NOT STOPPING AT A CROSS WALK, I WAS FLABBERGASTED. I THOUGHT THAT ONE ONLY STOPPED AT A CROSSWALK WHEN SOMEONE ELSE WAS ACTUALLY CROSSING IT. PLUS, I WAS STOPPED AT A RED LIGHT. HOW COULD I BE STOPPED AT A RED LIGHT AND NOT BE STOPPED AT A CROSSWALK. HE ASKED IF HE COULD SEARCH MY CAR. IT TOLD HIM SURE, ALL HE’D FIND WE BE TOOLS, BATTERIES AND CLEAN LAUNDRY. EVEN THOUGH HE WAS BOUND AND DETERMINED TO FIND DRUGS IN MY CAR, HE FOUND NOTHING THEN TOOK ME TO JAIL FOR NOT HAVING A LICENSE. THEM SEARCHING ME, MY CAR, AND MY GIRLFRIEND REALLY FREAKED MY GIRLFRIEND OUT. SHE WAS SO AFRAID THAT SHE REFUSED TO DRIVE THE CAR HOME AND WAITED OUT IN THE COLD, AT NITE FOR A TAXI WHILE PREGNANT. I LATER WENT BACK TO THAT INTERSECTION AND DISCOVERED THAT IT DID NOT THEN, NOR EVER HAD HAD A CROSSWALK PAINTED ON IT.
HE STOPPED ME A 3RD TIME, AGAIN, FOR NOT STOPPING AT A CROSS WALK. NOW WHILE STOPPED AT THIS RED LIGHT, I SAW HIM SITTING IN A DAYCARE PARKING LOT. HE ACTUALLY SAW ME AT THE LIGHT, PULLED OUT OF THE LOT AND GOT BEHIND ME BEFORE THE LIGHT TURNED GREEN. THIS TIME WHEN HE PULLED ME OVER I REMINDED HIM ABOUT PULLING ME OVER BECAUSE OF AN IMAGINARY CROSSWALK ON FLORIDA STREET AND INSISTED THAT NO CROSSWALK EXISTED ON LAMESA ST EITHER. HE DECIDED TO LEAVE ME ALONE THAT TIME.
THE 4TH TIME HE PULLED ME OVER FOR MAKING A WIDE RIGHT TURN. NOW, LATELY IN MIDLAND, SOMEONE DIES IN A TRAFFIC ACCIDENT ALMOST EVERY DAY. THAT RIGHT TURN WAS THE SAFEST ONE I COULD MAKE DURING RUSH HOUR AND WITH A BABY ON BOARD. THEY PULLED ME OVER, HANDCUFFED ME AND SEARCHED MY CAR AGAIN. I DECIDED THAT I WOULD FIGHT THE TICKET. UNFORTUNATELY, I FOUND THAT I SUCK AS A LAWYER. APPARENTLY, HE DID NOT APPRECIATE HAVING TO GO TO COURT, SO ABUT WEEK LATER, I COME HOME FROM WORK TO FIND A POLICE CAR PARKED NEAR MY HOUSE. MY GIRLFRIEND TOLD ME IT HAD BEEN OUT THERE FOR A COUPLE OF HOURS. I WENT BACK OUT TO MY CAR BECAUSE I HAD FORGOTTEN MY SNUFF AND HIS WINDOW WAS DOWN. IT WAS OFFICER LEE. THIS REALLY FREAKED MY GIRLFRIEND OUT.
NOW FOR THE 5TH TIME-- AS STATED EARLIER, WITH CHILD SUPPORT MY ENDS DON’T ALWAYS MEET. I HAD TO DROP MY INTERNET SERVICE, COMPLETELY FORGETTING THAT THAT’S HOW GEICO CONTACTS ME IF THEY HAVE A PROBLEM WITH THE AUTOMATIC WITHDRAWAL. APPARENTLY THEY HAD A PROBLEM AND STOPPED MY COVERAGE WITHOUT MY KNOWLEDGE. THIS HAS SINCE BEEN RECTIFIED. I FOUND OUT ABOUT MY LACK OF COVERAGE LAST WEEK WHILE MY GIRL AND I WERE OUT PAYING SOME BILLS. I’M STOPPED AT A STOP SIGN WAITING TO MAKE A RIGHT HAND TURN. A POLICE CAR WAS AMONG THE EAST BOUND TRAFFIC. IF I’D HAVE SEEN THE DRIVER, I’D HAVE GONE THE OTHER WAY, BUT I DIDN’T. I FINALLY MAKE THE TURN AND WONDER, “WHY IT THAT COP CAR JUST SITTING IN THE TURN LANE WHEN HE’S CLEAR TO TURN?” IT DID NOT DAWN ON ME THE COP WAS WAITING FOR ME. HE PULLS ME OVER THEN TELLS ME THAT HE RAN MY PLATES AND FOUND THAT I HAD NO INSURANCE. I SHOWED HIM MY CARD HE GOES BACK TO HIS CAR THEN COMES BACK WITH MY POLICY # XXXXX WHEN MY COVERAGE ENDED. NOW, I THOUGHT THAT RUNNING PLATES WAS GOVERNED BY THE SAME RULES AS STOPPING A DRIVER—THE COP HAS TO SEE A VIOLATION. I WANT TO FIGHT THIS; HOWEVER, MY COVERAGE HAD LAPSED, I’VE ALREADY PROVEN THAT I SUCK AS A LAWYER, AND I DON’T HAVE THE $600 IT WOULD TAKE TO PUT UP THE COURT BOND IF I PLEAD NOT GUILTY.
MY QUESTION FOR YOU IS: IS THIS INDEED POLICE HARASSMENT OR PROFILING? ALSO, CAN YOU TELL ME ANYTHING THAT I CAN DO TO GET THIS GUY OFF OF MY BACK? ALSO, ANY SUGGESTIONS YOU GIVE ME, CAN YOU GIVE ME THEIR PROBABILITY FOR SUCCESS?
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

YES, I REALLY NEED AN ANSWER

Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The first thing you need to be aware of is that police officers are not only assigned to patrol certain areas of the city, they are creatures of habit and tend to stay on the same streets and areas to write tickets and enforce traffic laws. Thus, the first thing you have to consider in whether or not this is actually harassment or it happens to be coincidence, is whether or not all of these times he is stopping you in the same general area of the city. If he is, then they will argue he has stopped you so many times because you are in his area and he is allegedly finding violations.

Second, based on the facts you describe about each incident, if your plate was valid and your license was not under suspension when he stopped you, he needs reasonable suspicion, under Terry v. Ohio, 392 U.S. 1 (1968), that you were committing or about to commit some criminal offense. Thus, he must be able to articulate the specific behavior that led him to develop that reasonable suspicion. Once he develops reasonable suspicion, he can stop you. From that stop, if you have committed no violations (you had your license, had no contraband in your car etc) he must let you go. In these instances you were actually arrested and not just stopped and released, you say there were some actual violations, such as not having your license or not having current insurance (regardless of the reason you did not have insurance) and in those events he has a right to enforce the law.

Showing up and parking outside your house is the one that would give you evidence that this is more than him just observing suspicious conduct or violations and it is likely more to be harassment. The first step you need to take is you can file a complaint with the Department's Internal Affairs Division regarding him following you around town and waiting for you at your home. If you do not feel comfortable with the Department's IAD, then you can try to file your complaint with the FBI, but sometimes they are not very responsive to these types of complaints, it all depends on the duty agent you get.

Also, you can go to http://www.martindale.com or http://www.hg.org and look for a local civil rights attorney to discuss the possibility of pursuing a suit against the Department and officer for illegal harassment.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88678
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 13 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.