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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15742
Experience:  Licensed Texas General Practice Attorney
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Can a deputy pull you over while backing out your car from

Customer Question

Hi Can a deputy pull you over while backing out your car from the stall when you have not violated any traffic laws and when you have done nothing to garner attention etc?
JA: What state are you in? It matters because laws vary by location.
Customer: Ca
JA: Has anything been filed or reported?
Customer: I am appealing a case that went so bad . I was arrested in 2013 and found guilty in Feb 2016. I am appealing and have many areas to work on.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know what it legal term to use for the deputy stopping me for no reason
Submitted: 17 days ago.
Category: Legal
Expert:  ScottyMacEsq replied 17 days ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Generally speaking, no, they can't just pull you over, stop you, or otherwise detain you for no reason at all.

In Delaware v. Prouse, the Supreme Court considered the case of man prosecuted for marijuana possession. (440 U.S. 648 (1979).) In the course of a traffic stop, the police officer had seen marijuana on the defendant's car floor. The officer testified that he hadn’t seen the defendant’s vehicle violate any traffic laws before he conducted the detention. He hadn't observed any equipment violations, nor had he witnessed any suspicious activity. He enforced the stop only so that he could check the driver’s license and the vehicle’s registration. He wasn’t acting in accordance with any established guidelines or procedures. The Court held that his kind of “spot check,” left entirely to the police officer’s discretion, is unconstitutional.

Now the remedy for evidence procured without probable cause is "exclusion". That is, if there was any evidence or anything that resulted in the stop, it would be excluded from the case. BUT you have to request that it be excluded prior to the trial or at the time that the evidence is being offered, otherwise the objection is waived. It's not "automatically" excluded, and if you don't ask for it to be excluded prior to being admitted, then it can and will still be admitted. Only if you had asked at the time to have the evidence excluded (and been denied by the judge) would you have something to complain about on appeal.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 17 days ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 17 days ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 17 days ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 17 days ago.

Hello?

Expert:  ScottyMacEsq replied 17 days ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (~45 MINUTES) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 17 days ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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