347) Can I get pulled over w/out Probable Cause and get charged with DWLS? #HaberPA Miami Lawyer
Channel: Michael Haber
Date: 2020-04-04

Thanks for asking me “Can I get pulled over without probable cause and get charged with DWLS?”

Yes.  With today’s technology this is increasingly more commonplace, 100% lawful and the way it works is simple: You’ve got no right to privacy in your license plate, in fact quite the opposite is true.  Your license plate is there to be seen, to identify both the vehicle and it’s registered owner and police can “run” any license plate at any time.

Not only can a given cop call in any license plate at any time but more and more police cars are being equipped with stationary cameras that automatically scan every passing license plate; further, an ever increasing number of municipalities are strategically placing stationary cameras in their jurisdictions - commonly at borders - which run the license plate of every single car that pass by.  These cameras are all connected to computer systems employing algorithms that look for a variety of red flags (for example, stolen vehicle alerts, amber alerts, expired registrations / tags, license status of the registered owner, etc), and any such red flag "hit" will legally justify a stop of that vehicle. 

That said, in the case of a suspended driver license, in order for the stop to be valid the cop has to have a good faith basis to believe that the registered owner is in fact driving the car at the time of the stop.  Since the cops can easily summon up FL-DL images from DMV (meaning that they can - and should - cross reference the red flag with a visual inspection of the registered owner's FL-DL photo) this is usually easy to determine by simply looking at the photo and then comparing it to the vehicle's operator at the time.  If the registered owner is driving then everything that follows is 100% lawful, but if it’s not, then absent some other legal justification for the stop the detention is unlawful and everything that flows from it is likely going to be suppressed. That said

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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