Here's the scenario: Officer pulls over car #1 for expired registration & inspection. Driver #1 has no dl on him & tells officer, driver in car #2 has my dl. Car #2 had not been seen/ noticed by Officer until singled out by #1. So, Officer walks over to #2 (who had pulled over I guess to wait for #1 -- officer did not see #2 actually driving) and asks for his dl and insurance, and asks him if he knows #1 & whether he has #1's dl? #2 says I have no dl or insurance, I know #1, but do not have his dl. Officer calls #1 over, but #1 runs off. Officer tells #2 to stay put & runs after #1. #2 decides to get in car & drive off, stopped down the road by another officer, est speed 100mph. #2 pulled over once that other officer got in behind him. I think this meets the elements to charge #2 with evading because he knew Officer was conducting an investigation and had detained him for that purpose. I looked on lexis & didn't find any cases like this. I also did a search on this site & didn't find anything like this. What do you all think? I guess the key issue is does officer need pc on #2 & does his lack of dl & insurance give officer that pc? OR Does #1's stmt to officer give him enough to detain #2 just to corroborate #1's statements? Help.

that driver #2 was committing an offense as he was driving without DL or insurance? I know in my small jurisdiction it is not uncommon for an officer to pull someone over simply because he recognises the driver as a person whose license is suspeneded.

Seems to me that knowing driver #2's "lacks" would provide PC for the stop, making this a very nice evading.....

Then again, this isn't what they claim I'm an expert in!!

The officer knew #2 didn't have a dl and insurance once he asked him for id & officer's intention was to give #2 a chance to call someone to drive the car or impound it. (His reason for initially approaching #2 was because #1 claimed he had his dl.) But officer didn't know these guys on site, they weren't locals.

#2 stopped on his own, so the officer did nothing to start that (important, because otherwise he had no basis to stop him). However, once #2 voluntarily stopped his car and then spoke with the officer, he revealed that he had no DL or insurance. This gave the officer all he needed to detain him further until he could issue a ticket at least.

If the officer did then say, "wait here" as he goes to chase #1, it sure sounds like the officer was exerting his authority to detain. You can also look at the fact that he was driving away at 100 mph to determine that he was aware that someone would be chasing him. So, yes, you have a felony evading.

The real question is, how much drugs did he have in his car?

No drugs were found on either one, but #1 was high as a kite & had to be taken to the ER. K9s ran both cars & nothing was found. Doesn't it just sound like a classic drug run? Cars driving in tandem, no one has ID, no one really knows anyone else, no one is the registered owner of any of the cars being driven.... Either they ditched the drugs during the mayhem or the real load car drove on by and made it past.