False arrest?

My fiance pulled out onto a road in front of a police officer. The police officer followed us .8 of a mile. We made a legal turn into a private driveway. The police officer made a U turn and pulled into the driveway - never turning on his lights. He asked my fiance if the plates were expreed and he replied no. My fiance said I have done nothing wrong. The police officer continued to questrion my fiance. My finace told the police officer politely that he had done nothing wrong and that the officer needed to leave because he was tresspassing on private property. The cop then asked my fiance why the plates came back as a different vehicle and he stated that we had just purchased the vehicle. The cop asked for license, and bill of sale. My fiance was suspended and could not locate the bill of sale. The officer then arrested my fiance.





Was it legal for him to come onto private property and question my fiance?False arrest?
Law enforcement is allowed to enter private property uninvited when a crime is occurring or suspected. Walking up onto your driveway is different than entering your bedroom unannounced and without a warrant.





It sounds like the vehicle your fiance bought was ';cold-plated';. From the limited information you provided, I would hazard a judgement that the officer was in the right to affect an arrest.





The plates did not match the vehicle (a common occurrence when a vehicle is stolen), your fiance had no paperwork to show he had just purchased the vehicle, and furthermore, he had a suspended license and so was not allowed to be driving.False arrest?
The police officer had every right to follow you onto the property. The laws allow for random stops, so he was in the right to question your fiance. These are both especially true if he had ran the plates and found the vehicle didn't match - possible stolen vehicle.





As for the arrest, if your fiance was driving while suspended he should have been arrested. Sorry, but if he's going to break the law, he's got to be ready to suffer the consequences.
If the officer did suspect anything while he was following you then he should have stopped you on the public road.





For no reason at all should the officer conduct his business on your property, especially when it was to do with traffic.


The officer can not justify coming onto private property for the reasons you have supplied.





Your fiance has done the right thing in asking the officer to leave as he was trespassing, and of course that is illegal.





Also, the officer should have had his lights on, this would still be classed as a traffic stop and therefore there is a requirement to have his lights on.





Given these reasons, yes, your fiance has been falsely arrested and the officer is the one who has commited any offence.
The officer had every right to be there. Your fiancee was driving with a suspended license. He should have registered that car with those plates. he just bought the car and could not locate the bill of sale. sounds real fishy to me and he (your fiancee) had NO right to ask the officer to leave. seems to me your fiancee knew he was driving with a suspended license and wanted to the cop to not be there. any person who was following the law would not worry about it and guess what?!? the police make sure the laws are being followed. something you fiancee knows nothing about.
Everything the cop did was legal. The fact that your fiance was driving with a suspended license shows he was the one doing something illegal and was in the wrong. Stop looking for a way to make it look like someone else is to blame, your fiance should never have been behind the wheel in the first place he got himself arrested, he wasn't framed, set up or unjustly persecuted.





If police were not allowed to enter private property, without permission or a warrant then no crime would ever be solved.
talk about naive. a officer does not have to have your permission to be on the property.he is not at any time trespassing.it is very clear you have left out a lot of information or you have just flat lied.there was no reason your fiance had to be arrested. sounds made up to me.


-------------retired texas deputy sheriff-------------
All seems legal as you describe it. Police have every right to enter anywhere they see a crime being committed and not have your/his car properly registered is a crime. Operating a motor vehicle without a license is illegal too.
No it's trespassing. Cops ain't nothing but dudes in uniform. They can't break rules cause they have handcuffs
hell no
First, he was not trespassing. Officers do not need ';reasonable suspicion'; to run a license plate. You're in public, you have no expectation to privacy. Yes, he can come onto private property. Secondly, it does not matter how far he followed you before conducting a contact. There are a number of things he could have been doing while following you; running your plates (which it sounds like he did), advising his dispatcher of where he was and his intentions, waiting for backup to get closer, etc.


If there were plates on the vehicle which did not belong to the vehicle, then that in itself is illegal. If your boyfriend was suspended, that was another reason he could be arrested. The officer does not have to activate his overhead lights to simply get out of the car and contact anyone, unless he is using the lights for the purpose of a traffic stop. If you pulled in your driveway and stopped, and the officer simply pulled up, exited and contacted your boyfriend, he doesn't need to use his overheads. And having just purchased a vehicle doesn't explain why the plates were different and belonged to another vehicle.
The officer had reasonable suspicion to make the stop (the tags came back to a different vehicle) not to mention the fact that he pulled out in front of the officer. The fact that you had pulled into a private drive does not keep the officer from checking on this. Your fiance was suspended and was arrested which is common practice. This is not a false arrest.......it is in fact a garden variety stop and arrest. There is also no legal requirement to turn on any lights or other emergency equipment.





I have arrested plenty of people in their own driveways, their own living rooms, their yards, etc. Was this property even yours (you never mention that......and you state that you had traveled under a mile)?





This is not a Perry Mason moment.





Edit:


I defy anyone to supply me with a statutory requirement for blue lights to be activated during an investigative stop. Heck, show me a statutory requirement that states that an officer can't approach someone for an investigative stop on private property. If you don't know squat about law enforcement then don't post in this section of Y! Answers.





The Police may run a license plate for no reason what so ever. The plate belongs to the state after all and there is no expectation of privacy on your back bumper.