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  • traffic ?

    florida traffic officer here... scenario:

    behind a car at the red light... randomly run the tag in front of me everything's 10-4... run the registered owner (white female) who comes up with a warrant out of my city... traffic stop leads me to asking her if she's the owner, she says yes and i cuff her and off she goes to jail...

    i know randomly running a tag is ok per case law, but does anyone know specific law about a stop for an investigation into the registered owner i.e. warrant hit, suspended dl

  • #2
    I haven't done it myself, but I know of one trooper who has done something similar. He ran a tag of a vehicle in front of him (at random) and then ran the owner and the owner had a suspended DL. He ran the owner through DAVID, and then IDed as the driver as the owner. He initiated the traffic stop and took action. I never heard what the disposition was, however.

    A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

    It's only a conspiracy when your party is not in power.

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    • #3
      I do this all the time. You can articulate that it is reasonably possible that the registered owner is driving or within the vehicle. Remember to make a traffic stop you need Reasonable Suspicion, not probable cause. Now if you find that the owner is not in the vehicle you stopped you have no further authority to detain. I obviously attempt to find other probable cause to stop the vehicle, but sometimes it is not there.

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      • #4
        wow, that sounds like a dream world.... i wouldn't dare try that here, our judges are simply looking for a decent reason to toss cases and fishing is as good as anything they can think of...

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        • #5
          if the RO has a warrant and the physical matches I'll make the stop. It's legit. Usually they will give you PC for a stop anyway.
          Last edited by Monkeybomb; 08-07-2008, 11:02 PM.
          The early bird may get the worm, but the second mouse gets the cheese.

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          • #6
            Can't speak for Florida, but here in Washington stopping a vehicle registered to a suspended driver is authorized by law:
            RCW 46.20.349
            Stopping vehicle of suspended or revoked driver.

            Any police officer who has received notice of the suspension or revocation of a driver's license from the department of licensing, may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its vehicle license number as being registered to the person whose driver's license has been suspended or revoked. The driver of such vehicle shall display his driver's license upon request of the police officer.

            If you've got an MDT, fishing's good.

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            • #7
              Yes, it is ok to run the owner for warrants. If the owner comes back with a hit, then yes you can stop the vehicle to further investigate if the driver is in deed the owner. If you realize that the driver is not the owner, then clear the driver and release. Now if the owner comes back with a hit and the description for the owner is a white male and the driver is a black female, then you may have some explaining to do.
              Patrick
              Excuses only please the one telling them!

              The object of war is not to die for your country, but to make the other bastard die for his.

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              • #8
                Originally posted by barr151 View Post
                Now if the owner comes back with a hit and the description for the owner is a white male and the driver is a black female, then you may have some explaining to do.
                Thanks for adding that..

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                • #9
                  Missouri is "ok" with it also.

                  Again, physical description is going to play a big part, and I'm not entirely sure if "It was dark and I couldn't see" will hold too much weight in more liberal areas near me, but in our county, it has worked once that I know of.
                  Officer Down Memorial Page

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                  • #10
                    As long as the physical of any occupant is similiar to the warrant. I've also run the address listed on the registration return for warrants and made valid stops that way.
                    Today's Quote:

                    "The difference between stupidity and genius is that genius has its limits."
                    Albert Einstein

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                    • #11
                      Wow...that's a lot of crap you guys have to go through for a simple traffic stop. The province I'm in...and I'll quote the judge at a recent trial I had "the police officer can stop you at anytime to make sure your documents are up to date because driving is a priveledge and not a right.". We got a lot of red tape some ways but I wouldn't want that for a simple traffic stop...

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                      • #12
                        Originally posted by Dogsitter View Post
                        Wow...that's a lot of crap you guys have to go through for a simple traffic stop. The province I'm in...and I'll quote the judge at a recent trial I had "the police officer can stop you at anytime to make sure your documents are up to date because driving is a priveledge and not a right.". We got a lot of red tape some ways but I wouldn't want that for a simple traffic stop...
                        you guys hiring?
                        "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - Orwell

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                        • #13
                          TN is good with it. As a matter of fact I ran a tag a few weeks ago on a guy who ended up having drugs and a gun in the vehicle. Dude is a conviced felon and the Feds are picking it up. The warrant was a simple misdemenanor! Got to love it!

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                          • #14
                            There has been relevant case law in florida regarding this: It is a well founded suspicion criminal activity is afoot. Additionally, if you cannot see the driver, it doesn't vitiate your RS. However, if the owner that is wanted, or has a invalid/suspended license, doesn't fit the description of the driver, there isn't the requisite RS.

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                            • #15
                              In re-reading your question, I realized I didn't answer your question. I have seen the case law and I know there isn't a certified conflict within any of the DCAs, but it will take me a bit of research to find it. To be continued...

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