What to do if a cop pulls you over because they falsely claim that you were not wearing a seat belt as the reason?

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What to do if a cop pulls you over because they falsely claim that you were not wearing a seat belt as the reason?

Yet you can prove that you had been wearing a seat belt the whole time via a camera that monitors/records the driver but he wants to hear none of that. He then asks you if he can search and you reply, “No sir, not without a warrant.” If he then calls the drug K-9’s and they sniff out marijuana, can this evidence be admissible in court if you prove that you were in fact wearing a seat belt and he had no reason to stop you in the first place? The camera can record voice, so he is captured stating the is the reason for pulling you over.

Asked on November 21, 2013 under Criminal Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

This sounds exactly a perfect case for a 4th Amendment violation and if you have a reasonably competent criminal defense attorney, that attorney can move to suppress the evidence. It doesn't appear the officer had either articulable suspicion or probable cause but of course this is what is going to be argued in court.


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