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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118772
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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got pulled over for not wearing a seatbelt but i was ...

Resolved Question:

got pulled over for not wearing a seatbelt but i was wearing a seatbelt and he stalked me for 2 and a half miles befor pulling me over, what can i do and where do i go to look up laws because i was told in a riminal justice class that from the moment he follows you he has a distance of a mile to pull you over and yet i can''t seeem to type in the right words to find that
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
There are no such laws or doctrines in the law that state that once the police follow you for a mile they cannot stop you after that. The police can pull you over and write you a ticket at any point they become aware of a violation. The courts have found it to be entrapment in instances where the police waited outside bars and pulled over people leaving the bar for DUI, but this does not seem to be the same thing.

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Customer: replied 9 years ago.
Reply to PaulMJD's Post: no doctrines of harrassment when they are just following you to find something wrong pull you over for a seatbelt violation when i was wearing a seatbelt, i wanted to know how to find the procedures to pulling someone over for a seatbelt violation and pulling over someone period... the fact that he can make up i wasn't wearing my seatbelt is bogus and there has to be a law protecting our rights so they cant just make up anything that isn't untrue when they pull you over
Expert:  Law Educator, Esq. replied 9 years ago.
Whether or not you were wearing a seatbelt comes down to your word against the officer's word, which is the case in a majority of these situations. In order to make a case for harassment you will need more than just his following you on this one occassion, you will need evidence of a pattern of behavior over a period of time. An officer must have probable cause to stop someone. This means he will need to prove that he was in a position to see that you had no seatbelt on before he stopped you or that you committed some other violation. If he did not cite you for he other violation, then you have the argument that the other violation did not exist and had no way of knowing whether or not you were wearing a seatbelt, therefore, he had no probable cause to stop you. Just because he followed you is not sufficient for your argument, but his lack of probable cause to stop you is a sufficient argument.

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