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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A police officer in my town 8,000 has had a personal dispute

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A police officer in my town 8,000 has had a personal dispute with a friend of mine since before he was a cop. Since, becoming a cop, my friend has had some run ins with the law. But, now the cop has begun to make up reasons and pull over anyone associated with my friend. They are constantly parking a block away and anytime I leave my house, the cop or a couple of other cops (there are 3 of them working together) will instantly pull behind me about 1 or 2ft from my bumper and just following me. I have been pulled over for failure to signal a turn 100ft prior to turn. Even though I was going 15mph the entire time and signaled my turn well in advance to turning. I have been pulled over because 1 of the 2 license plate lights were out and they patted me down and did a full vehicle search of my work truck on our Main St in town for a 1 of 2 license plate lights being out. Each time the cop that doesn't like my friend shows up so this is simply just to give us a hard time because we are friends with his old rival. Would this be a form of selective enforcement misconduct? They do this to another friend as well. Both of us have clean records, not even traffic tickets on our records.

Thank you for your question. Please permit me to assist you with your concerns.

Were you ever actually cited with anything other than this signal to stop? Or are you just being harassed? What was their excuse for patting you down, were you arrested? Did you contact the officer's superiors such as the sergeant or the captain to have them intervene, or are they a part of this cadre?
Customer: replied 4 years ago.

They issued a warning on the signal but, gave me a ticket for registration (the vehicle had been parked for almost 6 months and I had just finished making some repairs and was talking it around the block to see if repairs had worked. Never went over 20 mph and he pulled me over just a few feet before I was about to park it back at my house. When one of the three pull you over, they instantly call the other 2. So total of 3 police vehicle each time pulled over. They didn't give an excuse for pat down or search they just asked if I had anything in the vehicle they should know about and I said no and they asked if I would step out of the vehicle and since I had nothing to hide if they could search it. They patted me down then searched vehicle for about 30-45min found nothing and sent me on my way.

Thank you for your follow-up, Justin.

In that situation it would be tough to claim that you were targeted, even if you potentially were. Here is why:

If you did drive a vehicle that had no registration, even if it was around the block, it does give them the right to pull you over and issue you a citation. That, by itself, is sufficient to give a ticket. Now, in terms of patting you down and searching the vehicle, doing so with your consent is permitted. However you personally had no legal obligation to consent to the search. If, however, you consented, the search becomes legal and permitted. Next time consider refusing since without probable cause or a search warrant they cannot demand to search you or your vehicle. Then it becomes a potential harassment issue and a civil rights violation, but with their stop at least being presumptively permitted, it would make the rest of the claim fairly hard to make even if it is true, something that I do believe based on your facts.

Good luck.

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