Phoenix, AZ asked in Civil Rights for Arizona

Q: What are my right regarding a traffic stop which no violation occurred? Any legal re course?

I was pulled over in a walmart parking lot cause of a call about me sleeping in my vehicle.

•Residential street

•Curbside Parking Permitted

•Solid white line and signs supported this.

From the side street, hopped on main road, less than a minute cops were behind me for a few miles, lights, now in walmart parking lot.

In total I count eight cops at one time. I was part disoriented from confusion from the person who call being parked less than a 6” from the rear my car. So I instantly took off when I opened my eyes from resting, concerned for my safety.

They proceeded as tho I was a threat to the 8 of them, despite showing no indication.

I was told they couldnt let me on back on the road behind the wheel I could prove that i was capable to safely do so. So I consented to field tests in fear of being arrested and was my only option. 4 tests, with the pressure of onlookers and 8 intimidating officers focused on me. Passed each one. Over an hour, no ticket was issued…

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you were pulled over without a traffic violation, you have the right to ask why you were stopped. Officers are allowed to investigate based on reasonable suspicion, but they must provide a clear reason for the stop. In your case, the concern was likely due to the report of you sleeping in your vehicle.

Your cooperation with the field tests, despite the intimidating circumstances, shows you complied with the officers' requests. Since you passed the tests and no ticket was issued, it's important to note that you weren't formally charged with any offense. This suggests that the officers may not have had enough evidence to justify further action.

If you feel your rights were violated, you can file a complaint with the police department. Additionally, you may consider consulting with a legal professional to explore any potential recourse. Documenting everything you remember about the incident will also be helpful in case you decide to take further action.

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