Originally Posted by Gunnut 45/454
It's my understanding -correct me if I'm wrong - but unless the officer observes the vehicle speeding they can't charge or write a ticket on the observation of a non LEO ie civilian.
If this is the case, what was the justification for the stop to begin with.
Originally Posted by CA Escapee
I agree. I thought the officer's probable cause was shaky in the first place. The officer really made the stop based on what another (phantom) motorist said, but he didn't observe the alleged violation?
"Sir, I stopped you because there is a report that you passed slower moving vehicles at a high rate of speed according to the driver of the slow moving vehicle."
That's fine, Officer, did you observe me speeding or disobeying any traffic laws?
"No. May I see your license?"
Sure, do you intend to issue a citation for speeding or any other citation based on what you observed?"
"I didn't see you do anything, it's another motorist that called."
Do you intend to issue a citation based on that information?
"I can't, as I said I'm not the one that saw you."
Do you have that motorists name so they can be called to testify against me for the citation that you're not going to write because you didn't observe any violations?"
"I'm not issuing you a danged citation, what part of that didn't you get?"
Oh, I got that part alright.