Wednesday, August 7, 2013

Is this a Civil Rights Violation by Traffic Officer

Q:  My sis was driving on the Taconic expressway going north towards Albany,
she pulled my sis over. She said the tinted Windows were too dark. ( there were only 2 tinted windows, on the back windows, on the sides) Her tints were in order, and as per rules and regulations.Then she said her drivers license had expired.which was true
She asked me where she was going - Sis told her Hudson county
She asked me what my sis was doing, … sis told her that she was an exterminator going to do a job
and showed her Pest control License.
She asked to check my sis's bag and trunk
my sis took out a roach get and showed her the label saying roach gel
sis was on the Taconic park way and most of the drivers on that stretch were caucasian.

She only gave her 1 ticket for license ‘out of class'


A:  David's Answer:  The problem is that the cop will have a defense of qualified immunity in the lawsuit, meaning s/he must only have "arguable probable cause" for the stop. If it was even arguable the windows were too dark, then the stop was good. The law also provides a defense if probable cause is thereafter created by something totally unrelated to the initial stop - in this case the invalid license. That said, before deciding whether to file a lawsuit or not, it's always best to sit down with a lawyer at a consultation for a full assessment.   --  David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

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