Was This A Illegal Seat Belt Stop?
Hello All. Interesting one here.
I was pulled over by a OPP in town after waiting at a red light with several other cars. He arrived at my window and said he pulled me over for not wearing a seat belt and could he see my DL, INS etc which I gave to him. Pink ins slip was out of date, but other than that everything was in order. He wrote me a seat belt ticket.
Fast fwd a few weeks, I receive officer's notes from the crown and the officer writes; "I was parked in a parking lot and observed a tan coloured pickup in front of me at the red light. (Through the passenger window) I observed the seat belt buckle above the driver's left shoulder. I did not observe the seat belt across his chest. When I approached the vehicle, the driver was not wearing his seat belt. The driver was wearing a brown coat".
I have viewed my pickup truck from the officer's vantage point and I can say with certainty that there is no way he could observe from 30 ft away, through my closed window, that I was not wearing my seat belt. I have taken pictures and can show this in court. Now, I understand the officer has the right to pull me over to check DL, INS, DUI etc but in his own words, the officer "was satisfied that everything was in order." Since, there is no way he pulled me over because he observed me unbuckled, yet he told me he did, is this not a illegal stop? If it was a legal stop to check docs, once everything was in order should he have not let me go?
Is there a electronic device in the cruiser that tells him drivers are unbuckled? If there is, and THAT is why he made the stop, should he have not disclosed that instead of lying about the seeing the buckle? There were several vehicles waiting at this red light....does his cruiser tell him WHICH vehicle driver is unbuckled?
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