Can an officer

I was going fishing and out on the main roadway a state trooper had a vehicle pulled over. I pull into the park to fish as planned and had been there for 10 minutes or so, long enough to start fishing. When the trooper pulled up to me 20 ft away from my car and said that he wanted to talk to me because he had observed me driving with what appeared to be illegal tinted windows, which he then demanded that I show him ID and said that he wanted to check the tint on my windows.

Asked on January 1, 2019 under General Practice, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no law or otherwise that an officer requires a police officer to pull someone over immediately after observing them committing what the officer reasonably believes to be a traffic or other violation. For example, a person can be arrested for drunk driving after having left their vehicle. Accordingly, your "stop" was lawful.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

This is perfectly legal: all that is required is that the officer observed you doing something which he reasonably believed was a violation. There is no requirement, law, or regulation that you must be "pulled over" while actually in the car or driving--you may be stopped outside your car or after driving.


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