Old Town, ME asked in Criminal Law for Maine

Q: On probation I was stopped for no reason driving someone else’s vehicle with a clean record, did he have right to stop?

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1 Lawyer Answer

A: The Fourth Amendment requires that law enforcement need a reasonable and articulable suspicion a crime, traffic violation, or public safety concern exists in order to stop a vehicle. So typically the police cannot stop a vehicle for no reason.

Fourth Amendment rights can be lessened if a person is on probation conditions, but typically that involves searches by a probation officer. The conditions of probation would be relevant to know whether law enforcement had a basis to stop the vehicle, if the only reason for the stop was that the person was on probation. You should contact a criminal defense attorney to more thoroughly discuss the issue.

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