What should I do if pulled over again

Asked over 1 year ago - Tamaqua, PA

Pa Route 80 mile marker161 traveling West in a group of cars non of which were speeding. Two state police cars parked in median. A few minutes later see police turn on and off warning lights passing cars behind me in a distance. Flies next to us and slows staying in my blind spot. He drops back but stays in left lane eventually pulls behind me. Follows for a few minutes before conduction stop. Pull off onto grass area giving safe access for police to approach. Trooper goes to passenger side where my wife sat. Asked to have our info and informed pulled over tint to dark. Our tint is lighter than some factory tint. I told him it was professionally done to ensure it was legal. Went back to his car min later came back to passenger side said only issuing a warning nothing needs done.

Additional information

Told me to step to the back of the car and he will explain everything about the warning. I go to the back and he starts questioning where am I going, why, who am I see, how long, when returning, plan on moving to Ohio, am I allowed to leave the state. Asked if there were any guns, drugs, money inside the car. Then told me to put my hands on the cruiser and told the officer to search me while he talks to my wife. Tells her to get out of the car and go to the front and then ask if I would mind if he searched the car. Had nothing to hid and let them search.
My background 49 year old white male car 06 Cobalt 1999 Child pornography charge listed on Megans law. Asked my wife if she was ok, do you need any help along with all the same questions asked me. Eventually 30-45 minutes later free to be go. A few minutes later again see the trooper speeding up behind us catches up to us and follows us for the next 10 miles until the next exit and he got off.

Attorney answers (3)

  1. William A. Jones Jr.

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    Answered . Sounds like a drug interdiction detail by PSP. At least in the western part of the state PSP drug interdiction on I-80 is a way of life. The object of an interdiction detail is to maximize vehicle stops in the hopes of discovering drugs of large amounts of currency. Typically the Troopers seek to identify vehicles that their "experience or training" suggests is a likely prospect to engage. The type of vehicle and its equipment (expensive, tricked-out, window tinting), state of registration (source state like NY, FL, TX, AZ, CA, MI), occupants if it can be determined (number, gender, age, and race). There are of course many other "factors" that may persuade a Trooper to engage one vehicle as opposed to another. It's possible that your vehicle, due to the window tint, was the only one which presented a pretext for initiating a vehicle stop. The window tint explanation is actually an especially useful pretext as the Trooper can testify that from the brief view he had of the vehicle (or the low light conditions) he believed it was possibly in violation of PA law. Upon closer inspection he determined that it did not violate the law. The only purpose of this exercise is to stop a vehicle to allow them to have the kind of encounter you describe. The questions put to you are standard, indeed Trooper are trained in this particular "investigative" exercise. They are attempting to gauge the behavior of the driver and any occupants--their ultimate goal is to obtain "consent" from the driver to a search of the vehicle and from the occupants a search of their persons. If they find contraband or a large amount of cash they win and you lose. If, as here, they find nothing--no problem, maybe better luck next time. My advice to everyone: As mentioned by
    Attorney Doyle, be polite and respectful in any encounter with law enforcement. You are always on their playing field during an encounter and you have no prospect of winning. Beyond providing information required by law (as a driver of a vehicle you are legally required to show license, registration and insurance information) provide nothing further. Do not consent to any search of the vehicle or your person. Under the circumstances you describe, the pat-down against the Troop car is borderline but not something you can resist at that time. Politely ask if you are being cited for a violation and if not may you continue on your way. If your time estimate of the encounter at the side of I-80 is even close to accurate, the whole encounter was probably well beyond lawful. Unless you have an audio/video recording of the entire event not a likely subject for a lawsuit.

  2. Michael Lawrence Doyle

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    Answered . I do not think that things should have been done differently by you. If issued a ticket in the future for it you can fight it in court. I would advise against arguing with the officer if he does write a ticket. Instead wait until your day in court.

  3. Robert C. Keller

    Contributor Level 20

    Answered . Secure a written opinion from the company that performed the tint. Keep it in the vehicle in the event you are stopped in the future.

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