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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 06-07-2012, 12:33 PM   #1
B.Wayne
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Default Could be useful maby.?

Was talking to a friend of mine and he informed me that the Supreme court ruled that it is unconstitutional for an unmarked police car to pull you over and if pulled over violates your rights. So if some have gotten pulled over by an undercover or unmarked police car and given a ticket,or been arrested you may not have to pay. Im trying to have him give me a link to the new law. It could be handy knowledge to have.
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Old 06-07-2012, 02:19 PM   #2
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Was that the same Supreme Court case that said all undercover officers conducting undercover operations must display their badge in a prominent place on their chest?
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Old 06-08-2012, 01:30 PM   #3
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I'm 99% certain that the U.S. Supreme Court has never ruled that a traffic stop by an unmarked police car violates the ban on unreasonable searches and seizures in the fourth amendment.

However, the Supreme Court is set to decide a case this fall that poses the question of whether the police can detain a person pursuant to a traffic stop when (1) the cops don't have a search warrant, but one's on the way, and (2) the person has left the premises to be searched. (The case is called Bailey v. United States). An unmarked cop car made the stop at issue in Bailey, which may be the reason for the misunderstanding. However, whether a stop by an unmarked car complies with the fourth amendment is not at issue in Bailey.

Here's a link to an article about the Bailey case:

http://www.courierpostonline.com/art...ithout-warrant-
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Old 06-08-2012, 03:12 PM   #4
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The vehicle be it marked or unmarked doesn't change the fact that an Officer still has a duty and the authority to enforce all Traffic Laws and can stop any motorist for any hazardous or non hazardous moving violations.
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