Mesa, AZ asked in Traffic Tickets for Arizona

Q: Pulled over not because any traffic violation, but someone called in that I was resting in my car.

This happened in Mesa Az.

So my question is does 8 cops for a phone call constitute as harassment or police intimidation. There was no traffic violation that occurred while they were following me therefore there was nothing supporting the concern for me resting in my vehicle on public land, had no indication of not being able to stop where I did. The questions they were asking were nefarious by insinuating that was or am addicted to drugs. I gave no resistance or aggressive behavior. Did there little field test, passed. They had me away from my vehicle and I couldnt keep a watch on all 8 to make sure they werent snooping into my vehicle. This all occurred in a walmart parking lot.

I dont dislike cops, anytime I have been stopped before its at the most 3 cops, because the two that pulled me over called a supervisor.

This made me feel like I was public enemy #1….

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1 Lawyer Answer
Zalman B. Sapad
Zalman B. Sapad
Answered
  • Traffic Tickets Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: Unfortunately, police officers get away with violating many of our rights through something referred to as the "community caretaking exception" or welfare check exception.

Generally, the Constitution gives everyone the right to be free from unreasonable detainment by law enforcement. If someone is minding their own business and they are approached by the police and made to feel as if they are not free to leave the police must have a justification for detaining that person.

Once the officer's checked in on your welfare, they should not have continued to detain or harass you without a lawful reason to do so. Had you been charged with a crime, this would be significant issue that could be used to get your case dismissed.

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