When Can a Police Officer Pull You Over? Are Random Traffic Stops Allowed?
You’re out for the evening or running an errand and suddenly see red lights flashing in your rearview mirror. You’re not aware of any law you were violating? What do law enforcement officers need to show to be legally permitted to initiate a traffic stop? Can police officers randomly pull motorists over to check for substance abuse?
The Constitutional Requirements When Making a Traffic Stop
Technically, stopping or detaining you while you are driving qualifies as a “seizure” under the law. The 4th Amendment to the U.S. Constitution grants “[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures…” Such right has been held to extend to an individual and his/her vehicle while on the road. Accordingly, law enforcement officers must have “probable cause” to make any traffic stop.
What qualifies as probable cause? In essence, the police must have a “reasonable suspicion” that the driver has violated the law. In most instances, it will involve violation of a traffic law. For the traffic stop to be valid, the officer must be able to provide observable facts that supported his or her belief that the law had been broken. That may include speeding, failing to stop at a red light or stop sign, visibly weaving side-to-side or even having some type of equipment failure. An officer will have probable cause to pull you over if your tags are expired, you fail to use a turn signal at a corner or you have a taillight that’s not working.
Are Random Traffic Stops Permitted under Any Circumstances?
No. Law enforcement officers must always have probable cause to make a traffic stop.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we provide comprehensive counsel to anyone who has been stopped for or charged with driving while intoxicated or under the influence. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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