Legal Question in Traffic Law in New Jersey
Can police legally question you?
If you are a female and you borrow your girlfriend's car whose dl just happen's to be suspended I know that you are subjected to being stopped.
But what if your male and the officer clearly saw (sat next to each other at the light) that you were of the opposite sex?
3 Answers from Attorneys
Re: Can police legally question you?
Based on what you say the officer had no reasonable basis for stopping you.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Can police legally question you?
Again, this is a fact sensitive question, and chances are the officer may have, or if you try to make an issue of a stop, could claim he thought you were driving a little too fast/slow, you were weaving a little bit, you didn't come to a complete stop or didn't yield when you should have, or that your left tires touched a solid line, etc. Sooooo, if you were picked up on a warrant or something, you can make the argument there was not probable cause, but I expect it will be difficult to win. If you are asking as an intellectual argument, yes, you can make an argument that the stop was illegal, but in the real world, that is a difficult argument to win.
Re: Can police legally question you?
Lets say you are right, why would it matter? Are you just upset? Or did they find something in the car? We need to know why you are asking the question because it is the result of the answer that makes a difference, not the answer itself.
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