No reason to be pulled over

[kitty]

What is a pretensive stop? and is it legal?

 

[Betty3]

I'm not sure what you are asking/saying. Could we have more details, please. Are you saying possibly that you were pulled over by a "fake" police officer? Thanks.

You can hold & see if someone else here comes along with some additional information for you.

 

[kitty]

Well. . . from within a pack of cars, everyone obeying the law, and driving legal cars, I was singled out and pulled over, I believe I was profiled and got pulled over because of the way I look. My lawyer said that there is such a thing as a pretencive stop, I was too imbarassed to tell him I didn't know what that meant. Then he said something about a suppression motion. I was just trying to figure out what his is planning to do in court. because I don't get to see him again until were in court. All I Understand is he is trying for a motion to suppress. Suppress what ? That I was pulled over for not taking a shower that day. . . LOL thats not a valid reason? But that seems like thats exactly what this country is coming to! Fine all the ugly people with crappy cars into poverty!

 

[CdwJava]

Well. . . from within a pack of cars, everyone obeying the law, and driving legal cars, I was singled out and pulled over, I believe I was profiled and got pulled over because of the way I look.

Why? How do you look?

My lawyer said that there is such a thing as a pretencive stop, I was too imbarassed to tell him I didn't know what that meant.

He probably used the term, "pretextual" stop. Or, a "pretext" stop. These are legal. If the officer might have a "hunch" that a vehicle or its occupants are involved in criminal conduct (perhaps, drug trafficking), but they do not have enough specific information about drug transportation to make a valid detention for THAT purpose, the officer may make a traffic stop and see what they (legally) may provided they (a) have a valid basis for the stop (an actual or suspected violation of the law) and (b) the officer's actions are consistent with that perceived offense.

The officer's subjective intent or purpose doesn't matter so long as there is an objective basis for the stop. (Bond (2000) 529 U.S. 334, 338, fn. 2; Whren (1996) 517 U.S. 806, 813; Sullivan (2001) 532 U.S. 769, 771-772; Robinette (1996) 519 U.S. 33, 38)

Then he said something about a suppression motion. I was just trying to figure out what his is planning to do in court.

A suppression motion would probably be a long shot. Your attorney would have toi prove that the officer had no reasonable suspicion at all to make the detention, or, no probable cause or other legitimate reason to search or do whatever he did to find the evidence against you (whatever it is you are charged with).

All I Understand is he is trying for a motion to suppress. Suppress what ?

Evidence? I don't know ... what are you charged with?

Fine all the ugly people with crappy cars into poverty!

If the crappy car doesn't have required lighting devices and other equipment, that's a good stop.

So, why did the officer say he stopped you? What were you cited or arrested for?

 

[Betty3]

What exactly were you given a ticket for or arrested for that you need to go to court. It seems you have a lawyer helping you.

 

[kitty]

The officer said he pulled me over for a ball hitch that was obstructing licence plate but it doesn't. There was 2 cars behind me, so if there was any thing obstructing the licence plate it was other cars, I was not breaking any laws my vehicle was legal and insured. The only thing I can think of as why he picked me out of all the other cars to pull over is because of the way I looked. I had been working all day cleaning up a yard taking things to the dump my hair was a mess and my clothes were dirty. The ball hitch is a lame excuse, I am taking pictures to court, to prove that the ball hitch is not a valid reason. I believe that I was profiled and my civil rights were violated.
You said:
He probably used the term, "pretextual" stop. Or, a "pretext" stop. These are legal. If the officer might have a "hunch" that a vehicle or its occupants are involved in criminal conduct (perhaps, drug trafficking), but they do not have enough specific information about drug transportation to make a valid detention for THAT purpose, the officer may make a traffic stop and see what they (legally) may provided they (a) have a valid basis for the stop (an actual or suspected violation of the law) and (b) the officer's actions are consistent with that perceived offense.

So. . .Your saying, , Because I Looked Haggard and Dirty he thought I used drugs, and was hoping or guessing he would find drugs on me, or in the truck, and used the ball hitch as a stupid reason to check me out?

I am fighting this ball hitch ticket because I feel we are loosing our civil rights on a daily basis. . . I am terrified that this country is headed towards a marshal law like existence. People need to start questioning the wrongs done to them and stand up for them selves. I used to be concerned about the crime rate. Im more afraid now, of law enforcement's ability to get away with murder!

 

[Betty3]

You can certainly "fight" the ticket or get an attorney to help you do so. Good luck.

 

[CdwJava]

The officer said he pulled me over for a ball hitch that was obstructing licence plate but it doesn't.

It's rare that a ball hitch does not obstruct at least part of the plate., The obstruction generally need only partially cover a letter from one angle to be a valid detention. Unless it was hanging low enough that it did not in any way obstruct any part of the plate could it be valid - and that is a rarity indeed.

I believe that I was profiled and my civil rights were violated.

Your belief is irrelevant. WHY he really stopped you is not the issue here, but whether or not he could not see part of the license plate because of the ball hitch (assuming that this was the ONLY reason he stopped you).

So. . .Your saying, , Because I Looked Haggard and Dirty he thought I used drugs, and was hoping or guessing he would find drugs on me, or in the truck, and used the ball hitch as a stupid reason to check me out?

I don't know - I wasn't there and was not speaking to the officer. He may have made a legitimate stop for the ball hitch because obstructed license plates are a big issue for him. he may have been bored. But, it's also possible that he used that lawful reason to stop you because he thought you looked like a tweaker, a thief, a drunk driver, or simply because he thought you looked suspicious for some reason. The underlying reason for the stop is not so important so long as the reasonable suspicion to detain you is valid.

I am fighting this ball hitch ticket because I feel we are loosing our civil rights on a daily basis. . . I am terrified that this country is headed towards a marshal law like existence.

Okaaaay ...

Suggestion: Take the ball off, and this won't happen again. And make sure all required lighting devices - including license plate lights - are in full and legal functioning condition.

People need to start questioning the wrongs done to them and stand up for them selves. I used to be concerned about the crime rate. Im more afraid now, of law enforcement's ability to get away with murder!

Uh ... awright ... ???? A little melodramatic, but, sorry you feel that way.