Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?
4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong house. That same day a complaint was made by phone. A sr. officer called back & took the complaint (according to PD SOP). It was never investigated. After months w/o dispo, I’m told there’s no record of the complaint, so I request body cams & I’m told it was purged. I ask for the police rpt & discover that all 4 officers, that I spoke w/, omitted contact w/ me from their rpts. However I see my name is on the rpt just under the suspects. I ask & am told it was added bc I asked for body cams. I am pulled over for tabs w/i the week. I email the chief. In response, 2 days later I get an additional ticket for exp plate ($978). I thought MN officers could no longer pull people over for nonmoving violations alone.
A: That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an actual factual basis to pull someone over or to issue a citation.
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A: I don't believe retaliation will be a successful defense if you had expired tabs. Do you believe you were untouchable since you filed a complaint. What if you were speeding? What if you ran a red light?
1 user found this answer helpful
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