I'd like to see a state law that allows for the arrest of a motor vehicle operator for something as petty as a broken tail light. I'm not accusing you of lying. It wouldn't be the first time a law enforcement agency didn't interpret the law correctly.
It also wouldn't be the first time someone tried to blame a LE agency for not interpreting the law correctly, a law the person wasn't aware of, New Jersey Statute 39: 5-25:
39:5-25. Any law enforcement officer may, without a warrant, arrest any person violating in his presence any provision of chapter 3 of this Title, or any person,...... violating in his presence any provision of chapter 4 of this Title.......person arrested shall be detained in the police station or municipal court until the arresting officer makes a complaint and a warrant issues.
Any law enforcement officer may, instead of arresting an offender as herein provided, serve upon him a summons
Not much room for a misinterpretation there.
FYI, Chapter 3 generally deals with registration, licences, etc and Chapter 4 with operation.
I edited most of the stuff not required to answer your question and if you care to you can read the entire statute at this link,
http://law.onecle.com/new-jersey/39-motor-vehicles-and-traffic-regulation/5-25.html
Generally you will be arrested in NJ for MV violations such as DUI, Driving on the Revoked List, Reckless Driving, and other more serious violations. However, you can be arrested for any MV violation. You can be arrested for a broken tail light. Does it happen often, no definitely not. Am I saying it should be used often, no. It is something you may want to be aware of and statutes like this do have some value to the police in enforcing the law.
I would hazard a guess many states have a similar statute. Rather than list specific MV violations you can be arrested for its easier to say all of them and only arrest for the most serious ones as a matter of practice.
What state is this? This seems like a host of issues beginning with civil rights moving into harassment. It also seems like something that would be fought in court and would be won with something simple like arguing that by arresting anyone who is speeding that an LEO is now able to search the vehicle without PC or a search warrant. So whatever state this is has given LEOs the ability to search essentially any car that he wants.
If you go to the above link you'll see this statute has been on the books since at least 1940 when it was first amended and last reviewed in 2010. There has been plenty of opportunity to challenge this law but its been there at least 70 years.
Police can be held liable for not safeguarding the personal property of someone they arrested and the only way to ensure the vehicle is secure is to have it towed. The search without warrant is an inventory search which SCOTUS has upheld several times (there are some conditions). The inventory search is to secure any valuables, note the condition of the car, etc. If evidence of a criminal violation is found it is admissible.
You can Google inventory searches for more details.
Quote:
Your car can be towed and an inventory search can be done.
It can? Please cite the relevant law that allows police to confiscate property because an individual refuses to answer questions. Sounds like illegal search & seizure to me.
kingpin I am not saying the police are seizing your property they are safeguarding it. Read my explanation above.
There was an LEO in my hometown in Illinois that would arrest people and have their car towed by a friend of his that would give him kickbacks from the money paid out for the "victims" to get their cars back. I wonder if he's still in prison.
That's not a problem where the tow trucks are registered with the PD, contract fees are established and tow trucks are called on a rotating basis. You can't be aware of who is getting the next tow and there is no incentive for the tow truck operator to provide kickbacks.
I brought up these issues as being relavent to the discussion. I haven't suggested anyone give up their rights or consent to a search. I agree with Cop Bob when he says, "
Being "cute" and verbally quoting law and the Constitution is NO way to win Friends and Influence the Po-Po on a traffic stop... ". You can deal with it anyway you want.
You may not like the truth but you have to deal with it.