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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
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The police got a report that I was driving too slow 17 miles

Customer Question

The police got a report that I was driving too slow 17 miles an hour approximately in a 25 mile an hour zone the police found me hold me over ass beef my drivers license and and I told them I left it at home approximately 2 miles from where they pulled me over because someone called then and told them I was driving slow and I might be drunk by the way I had nothing to drink they still had me do a field sobriety test as I was walking this line a policeman just stuck his hand in my back pocket and remove my wallet after I told him my ID was at home can he do that?
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

When the police search you they may pat down your outer clothing only. He cannot squeeze or reach into your pockets unless he believes he has felt a weapon after patting your down.

Customer: replied 1 year ago.
Three police cars actually showed up on the scene after I pulled over the initial officer was very nice and cordial the second officer that pulled up was the one who was belligerent toward me and eventually when I was doing the DU Y line walk decided that he was going to come up behind me stick his hand in my back pocket like all the way in my back pocket Fisher around and grab my wallet after all that I was issued a citation for doing 16 to 17 miles an hour in a 25 zone and maybe crossing the double double yellow line but there were no police present this was from a caller who was behind me I think it was somebody that wanted to pass me but could not passed me on a double yellow so they got mad saw that I was driving slow and decided to inform the police dispatch when the units caught up to me they didn't see me do anything illegal. They issued a citation they called it a sliding citation with the fine from $10-$100 depending on the court but it bothers me the second officer was so belligerent then violated my personal space and clothing sticking his hand in my pants while I was listening to the other officer give me commands to walk aline. Something about this seems wrong
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Maverick replied 1 year ago.

Yes, you typically have the right to refuse to a search of yourself and your car. If the police did not see this happen, then cannot testify that you broke any traffic laws. The will have to make the other driver come and testify which is not likely to happen. If there is no eye witness testimony to prove the case, then it should get dismissed. Once that happens, you can file a complaint against this officer.