I was standing outside of my girls car, legally parked, no keys inside, waiting on friend to come back out from his house. Moments later an officer approached me and asked do i live in the neighborhood i replied no waiting for my friend to come out so we can leave. He stated that non residents wasn't allowed on the property at this time and asked do I have a form of I.D. I said no but I still cooperated and gave him my information. While I was telling him my info he realized that he noticed me from a different unrelated matter. Based upon the events that occurred the first time we met I felt like I was being stereotyped He demanded me to get inside the driver seat of the car while he run my info instead of letting me stand on the sidewalk like I was initially. When he returned to the car he mentioned nothing about the warrants he was checking for. Instead he brought up my license. What started out as a simple encounter is now trying to be turned into a traffic stop. Is this allowed to be done? Even though I wasn't driving nor did I get pulled over. Because of my license being revoked he charged me for driving and searched and seized my girlfriends car
An officer is allowed to engage in conversation with members of the public. An officer who recognizes someone from previous encounters is free to check and see if they have warrants.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements