What is the law concerning being pulled over while on your own property?

Asked over 1 year ago - El Mirage, AZ

I went to the store a police officer followed me home, turned on his lights when I was already half way in my driveway. He said he pulled me over because he saw something in my mouth as he was driving by me and thought it was drugs. I had no license or insurance and I also had no drugs!He then had my car towed away!

Attorney answers (3)

  1. Craig S Orent

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . My colleague states the applicable law correctly. However, if in fact your account of what the officer lists as the basis of his stopping you is accurate, you still may have a legal/factual challenge to the stop; sounds weak. You should consult a qualified, experienced attorney.

  2. Brent D Harris

    Contributor Level 14

    1

    Lawyer agrees

    Answered . There is no "home base" rule in the criminal law - so that part of the question isn't going to get you anywhere. However, under AZ law there has to be an identifiable, reasonable, basis for a traffic stop, and from what you said, there could be an argument that this officer was just fishing, rather than protecting the public by messing with you. It may be worth making the argument or consulting with an experienced attorney to get the stop thrown out.

    Anyone viewing this web site should not act on any information contained on this site without seeking professional... more
  3. Michael R Crosner

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Just being on your own property doesn't give you a free pass - otherwise anyone who commits a crime & is being pursued could just make it to their property & be free & clear.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more

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