Asked in Criminal Law and Civil Rights for Idaho

Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of profiling or targeting is more complex. If you believe the officer ran your license plate without any legitimate reason and solely based on profiling, this could potentially be a concern. It would be important to gather any evidence that might support this claim, such as the officer's patterns of behavior or any statements made during the encounter.

Regarding the search before arrest, police departments typically have policies requiring a female officer to conduct or be present during the search of a female suspect. If this policy wasn't followed in your case, it might constitute a violation of departmental policy or your rights.

If you have concerns about profiling, the legality of the stop, or the conduct of the search, it would be advisable to consult with a lawyer. They can review the specifics of your case and provide guidance on your rights and any potential legal recourse.

Remember, each situation is unique, and the legality of police actions can depend on various factors. It's important to seek professional legal advice to understand your specific circumstances and rights.

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