Q: My boyfriend was parked on the wrong side of the road he was coming out of the house when an officer road by and made a
Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in the car he called more officers but he only Ceased his phone and the marijuana but they let him keep his money my question is was it legal for him to pull up and make my boyfriend get into the car when he was out of the vehicle? Why didn’t he make a proper stop and did he have to run his license just because he was parked on side of the road?
It was legal for the policeman to check his license and to ask him to get into his car. Since he was illegally parked, that was enough to “stop” him.
We wish you well.
-The Upshaw Law Firm, LLC. 770-240-0922.
WE ARE HERE TO SERVE!
A: The answer is it depends. Not sure based upon these facts about whether it was a consensual encounter or not and whether the officer observed the Defendant driving the vehicle. I would encourage him to consult with a lawyer for a more detailed analysis.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.