Warren, MI asked in Traffic Tickets for Pennsylvania

Q: Pulled over for broken headlight and cop wants me to send a picture of it fixed. Is that legal?

My girlfriend was pulled over for a broken headlight and the cop told her that she has to send him a picture of it fixed. Are they allowed to force people to send pictures. He didn't ticket but is threatening to do if she doesn't

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Well, as he saw the broken headlight he can ticket her. They can't force her to send a picture--if she prefers the ticket, that's fine. Officer is trying to cut her a break. I'm not hearing she didn't have a broken headlight. He isn't "forcing" her--he's giving her a choice.

R. Patrick Link agrees with this answer

R. Patrick Link
R. Patrick Link
Answered
  • Criminal Law Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: Only a subpoena or search warrant can be used to compel production of photographs (rather than a verbal police order), and even if one is issued, you could claim a 5th amendment privilege.

However, it seems like the officer is trying to work with you. Why not just send the picture?

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