Can You Be Pulled Over Without a Traffic Violation?
Can You Be Pulled Over Without a Traffic Violation?
If you’re commuting on a daily basis, there is a chance that you’ll be pulled over at least once in your lifetime. Such a stop will happen when you least expect it and you’ll not be in a position to know how to react. The most important thing is that you’re not panicking when you see that the police are tailing you in the rearview mirror.Since you’ll be anticipating interacting with the traffic officer, it's imperative that you’re remaining calm so as not to give them a reason to suspect anything.Police Officer Rights When Engaging the PublicAccording to the constitution, law enforcement officers have a civil duty to “protect and serve” members of the public. Part of the serving is to ensure that there are no reckless motorists who can endanger the lives of other road users. An officer has the right to stop a vehicle if they witness a traffic infraction. The observation of the infraction would provide a substantive reason for them to stop the vehicle. This is what is referred to as “probable cause” in the legal profession.But that doesn’t give an officer of the law the go ahead to abuse his/her position of power. Some officers may feel like they’re having a slow night or need to reach an end of the month quota, prompting them to pull over more individuals with less probable cause. If you have been in this situation and feel like your rights have been stepped on with no valid or significant reason, you have the right to hire an attorney from an accredited law firm like Twibell Pierson Criminal Law. Such attorneys will have a background in defending criminal charges, including those that you may have been strapped with as a result of a less than kosher search of your vehicle on a thinly veiled traffic stop claim. Police Stops and DetentionOne of the reasons why a traffic cop can’t just stop you for the sake of it is because the stop could be considered to be detention. It will be impossible to leave at will once you’re in police custody. It doesn’t matter whether or not the arresting officer brings out the handcuffs. The only instance where a police officer is allowed to pull over a vehicle is when it matches that of a suspect, or when a traffic law has been violated. This goes to show the limited authority that police officers have when enforcing the law on the road.Know Your Rights When You’re Pulled OverYou don’t necessarily have to be vocal when you’ve been pulled over without a valid reason. You can choose to remain in your car and only answer the basic questions that they’re asking. The basic questions are asked to establish your identity and nothing else. It is also within your right not to give evidence that could be used against you in a court of law.Is a Warrant Necessary to Search Your Car?There are numerous instances where a police offer might try to search your car during a traffic stop. It should be noted that the police might not be able to use the evidence they obtained against you in a court of law if the traffic stop is illegal in the first place. An illegal traffic stop can be described as one in which the arresting officer lacks probable cause. For example, you could be transporting large quantities of marijuana or other illegal substances, which an officer seizes during your traffic stop and subsequent arrest. Such evidence would be inadmissible in a court of law because there was no probable cause for your traffic stop to have taken place at all.
Plain view: Man opening bottle behind the wheel; image by energe.com, via Pexels.com.
You’ve provided consent for the vehicle to be searched
An illegal object or substance is in plain view
Car being searched after a lawful arrest
The officer has probable cause that you might have been involved in a crime
The officer has reason to believe that you might destroy vital evidence that helps with building up a case
About Twibell Pierson Criminal Law
Twibell Pierson Criminal Law is a team of attorneys in Springfield, IL dedicated to providing powerful, smart representation for criminal cases. Attorneys Branden Twibell, Scott Pierson, and Bert Twibell, attorney partners behind the firm, believe in a teamwork approach to any case they undertake, allowing them to put their full array of expertise and legal resources behind every case. If you are in the Springfield area and in need of a criminal justice lawyer, we encourage you to visit us at TwibellPierson.com. Pictured: Branden Twibell.