Can a police officer lie to you about the reason they pulled you over? - Criminal Law Questions and Answers- LawQA.com

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Can a police officer lie to you about the reason they pulled you over?

I was driving some friends home from a bar, and a police officer pulled me over for 'having a taillight out.' However, when I got home I checked and my taillight wasn't out. One of my friends in the car had been drinking and was not 21 yet, so the police officers arrested him and charged him with an MIP. I did not get a ticket for my taillight, obviously. Are police officers allowed to lie about the reason for the stop, or not have a reason for the stop? Is this a valid reason to have his charges dropped?

Answer By Ezra Goldman
Law Offices of Ezra N. Goldman
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They need a valid reason to stop someone. What you have said doesn't not have automatic effect - an attorney would need to challenge the arrest.

Answer Applies to: Michigan
Replied: 12/16/2014

Answer By John F Brennan
Musilli Brennan Associates PLLC
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The police are not allowed. You without proper reason. If they lied or feigned some form of excuse then, quite probably, your friend may have a defense as their determination and knowledge of this MIP are actually premised upon the improper stop. Your friend needs to counsel with an attorney and should not be speaking with anyone, especially the authorities, until doing so.

Answer Applies to: Michigan
Replied: 12/16/2014

Answer By Jared Austin
Austin Legal Services, PLC
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The police officer must have "reasonable suspicion" to pull you over. If not, you can challenge the stop as unlawful and unconstitutional which means that any evidence seized after the stop is suppressed. However, you will need a skilled and experienced criminal defense lawyer to thoroughly review the police report and video (if any) to determine if such a motion can be made. Do not try it alone!

Answer Applies to: Michigan
Replied: 12/16/2014

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