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?
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.
1 user found this answer helpful
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.