Skip to main content

Is a it legal for a cop to check my arrest record during a traffic stop

Queens Village, NY |

under cover police officer stopped me and never gave me a reason why. they asked about my arrest record, and i said ive been arrested before. then they took mt DL, and checked some database. He came back and asked the status of the charges, I said all dismissed. How is a regular cop able to do this, in a car computer, without any special permission or reason? is this legal?

Attorney Answers 4

Posted

Of course a police officer can check your rap sheet. In virtually every traffic stop the police are going to check for warrants for the occupants of the car. Your criminal record is a record kept by the government primarily for use by government prosecutors and law enforcement.

Mark as helpful

2 lawyers agree

Posted

The Officer probably checked in the NYPD computer. If the prior charges were dismissed the Officer would have seen you have a sealed case. There is nothing improper in the Officer doing this check.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Mark as helpful

2 lawyers agree

Posted

Yes it is legal. Actually it is a standard protocol within law enforcement community. I know because I retired from the NYPD. Additionally, I either represent or know law enforcement officials throughout the world and this same standard is followed during car stops or other street encounters.

Answers to questions posted on the AVVO website as well as content contained on The Sanders Firm, P.C., website is intended for informational purposes only. Nothing in such answers or the content contained on The Sanders Firm, P.C., website is to be considered as either creating an Attorney-Client relationship between the reader and The Sanders Firm, P.C., or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such legal advice in consultation with a licensed Attorney.

Mark as helpful

2 lawyers agree

Posted

Yes it's legal if he had a basis to stop you.

The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.

Mark as helpful

1 lawyer agrees

Police misconduct topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics