Illegal traffic stop/ aggravated unlicensed operation 3rd

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Illegal traffic stop/ aggravated unlicensed operation 3rd

I passed a few vehicles and a few
miles down the road a sheriff was
waiting for me. He did not witness
me violating any traffic laws but
still pulled me over with the only
reason being that one of the
civilian cars I passed called the
sheriff saying I was speeding. I
did not admit to it, he proceeded
to run my license and arrested me
for auo 3rd after stopping me for a
violation that he did not witness
himself. Was he legally allowed to
pull me over simply from hearsay
and can I get my auo 3rd dropped if
it was an illegal traffic stop?

Asked on January 2, 2019 under Criminal Law, New York

Answers:

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

Answered 5 years ago | Contributor

In fact, this stop was lawful. So long as the officer had reasonable belief that there was a violation, this constitutes probable cause. Accordingly, since the tip came from a seemingly credible witness, the officer was in effect under a duty to persue the matter in the interests of public safety. Accordingly, your subsequent arrest was legal.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, it was a legal stop. All a law enforcement officer needs for a stop is "probable cause"--some reasonable grounds to suspect there was a violation. A credible-seeming tip from another driver can provide that probable cause, the way police can get search warrants on witness tips or testimony without the officer seeing anything personally.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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