BIGGEST COP MISTAKES - 5/4/2016

Police officers are not infallible. In fact, case records are filled with countless examples of officers who cut corners, make rash decisions, and commit oversights which violate citizen rights. There are many potential mistakes that a police officer can make:

BIGGEST COP MISTAKES:

1. Stopping a vehicle on the basis of an anonymous call. An officer must have a reasonable belief that the anonymous call is accurate.

2. Following a driver into his residence without an invitation or without enough information to justify the entry. Your home is protected under the fourth amendment.

3. Attempting to base a conviction on statements of a person who is not in court. These constitute hearsay statements and are not admissible.

4. Detaining a driver longer than it is reasonable to investigate. The constitution does not allow officers to hold you without limit.

5. Stopping a vehicle without an articulable suspicion. An officer can not stop you just because he thinks you are suspicious.

6. Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.

7. Stopping a vehicle for an improper sign. Street signs and lane markings must comply with the Manual for Uniform Traffic Control Devices.

8. Failing to follow the rules of the Department of Health and Intoxilyzer operation manual. These failures may invalidate any alcohol testing.

9. Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.

10. Stopping a vehicle just to check the driver’s license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.

11. Stopping a vehicle without being able to identify it as the one actually commiting a traffic infraction. Officers must be able to convince the Court that they stopped
the right car.

12. Stopping a vehicle for no reason at all. It’s done. Officers usually do not show up in Court on these.

13. Blocking a vehicle’s exit without justification. Officers may not restrict a driver’s freedom to leave without a reason.

SOURCE: http://www.serious-ohio-dui-defense.com/ohio-dui-police-mistakes.htm