Does a police officer have to witness you speeding, or can they just get a warrant based on a complaint?

Question

that's about it... me and my friends were riding around, and a someone called the cops and said we were raising h**l, which we went, but my friend got pulled over and the officer said they do not have to witness the "crime", they can issue an arrest warrant based solely on a call in complaint.. i live in Tennessee also...

Answer 1

when they have a warrent they can do what ever that warrant says they can do since that warrant has to be approved by some sort of judge if they did not have that warrant they couldnt do anything sounds like he was doing more then speeding if he had an arrest warrant

i was arrested myself on a warrant and they have to have alot on you when they issue it most of the time thats all it takes tho is a witness and some sort of proof

Answer 2

Usually when people say someone is raising h**l, it's because it's true.  Especially if it's a total stranger doing it.  And yes.

Answer 3

Stop everyone.

Speeding - unless grossly over the limit is a petty offense.  It is punishable by fine only.

You can not get a warrant for a petty offense so you will not have a warrant out for your arrest.

You could be summoned however I would question the credibility of the witness.  They better be able to attest to experience in testifying to a vehicles velocity without the use of a measuring device.

So I would think that perhaps a reckless driving would be more in order - but needs more than speed as an element of the offense.

My guess is the incident is over - if they had cause to arrest you - it would have happened then and there.

Answer 4

They would have to see you do something illegal.

Answer 5

Wow-some crazy untrue answers on here. NO you can't, and NO no warrant will be issued. Its not a criminal offense so no warrant is needed.  Just read what DAN wrote-that about sums it up.

DAN ROCKS!

Answer 6

ur ****** man ... haha plain and simple ... all they need is one person to say u did it

Answer 7

a car cannot be stopped simply because an annonymous citizen called. check out 1800dui.com and 40 ways to beat a dui. i'm sure it holds true for speeding.  you should fight it. look also into TNDOT.com and read the rules of the road handbook. theres an unofficial site that has acrobat reader into A LOT of laws!!! Call an atty...free consultation!!!

Answer 8

They can charge you and issue you a ticket for it, but it is easy to get it overturned in court if their is no witness.  

Answer 9

The chances of this standing up in court are highly doubtful.  I had some officer show up at my front door 4-5 years ago saying someone had called in an aggressive driving complaint on me.  I told him that I knew which car I had seen on the road had called it in and that whoever it was, whether the officer knew him personally or not, was an a**hole.  And I told him to tell the person, whoever it was, that they need to quit driving way under the speed limit like a jerk.  Then I told him to have a good night and closed the door.

Oh yeah, and if this DOES stand up in court.  Start calling in EVERY single offense you see on the roadway to your local police non-emergency number.  Including non-use of turn signals and everything else you see.  And keep calling them back for follow ups on your complaint.

Answer 10

ok if its speeding and you wenrt thrers easy way out of it.,.. tell them to show you the radar gun... if they cleared it they cnat give ticket.,.. or tell them to show you that it is properly calibrated... most of the time they arent.. and baam your out of ticket!!!!!

Answer 11

it's a different thing then.  if they're going to get you on speeding, they have to see you.  but if it's based on a complaint it's like disturbing the peace.

Answer 12

an officer can not issue a ticket for anything unless they were at the scene. doesn't even matter how obvious it is. if you get a ticket form an officer who was not at the scene bring it to court, most often the case will be over in a matter of seconds and the judge will be pissed with the officer for wasting his/her time. i know people who have experienced this, including my dad.

Answer 13

It depends on the Samaritan laws in your area. They can arrest you on someones word as long as that person commits to testifying in court. Most times if you fight the complaint it will be thrown out of jail.

My suggestion to your friend is to fight it. More than likely it is a misdemeanor. Be sure to postpone the court date as close to the hearing as possible. If that person who is testifying works then they probably used a vacation day to do so. Most states allow 2 continuances so do this twice. When you appear the third time it is very likely the officer and complainant wont be there. Good luck to you . BTW this has gotten me off of 13 speeding tickets :)

Answer 14

If they have more than one witness. the officer does not

have to be a "witness" if he is the one, writing the ticket.

Answer 15

Yes they can do that, but the witness will have to go to court and prove that your were speeding or raising h**l.  Could have video taped you, but proving speed could be tough to do unless they are trained to do so.

Answer 16

They can issue a ticket based on a witness's account.

Whether that charge holds up in court is another matter.

I was involved in swearing out such a complaint several years ago. Some teenagers were racing down my street, probably hitting 70 mph on a residential street where over 25 kids under the age of 12 lived. They didn't realize it but they were racing down a street with no outlet. Several neighbors and I witnessed it. Someone called the police and I blocked off the street with my car. The police arrived and asked us if we were willing to testify in court that they were speeding and we agreed. He said that if they pleaded guilty they'd lose their license for 6 months because of their age. If they pleaded innocent, the officer said he'd withdraw the charge and write a summons for wreckless driving which would take their licenses away for longer. He said that if they got a smart lawyer he'd convince them a guilty charge was the right one.

I never got called to testify, so I assume they did plead guilty.