A law enforcement officer can legally stop your vehicle under specific circumstances, which generally relate to public safety, legal compliance, or investigation needs.
When Can a Police Officer Pull You Over?
Here are the primary situations where a police officer can initiate a traffic stop:
1. Probable Cause of a Traffic Violation
- Moving Violations: If an officer observes a valid traffic violation, like speeding, running a red light, or failing to signal, they can pull you over.
- Equipment Violations: Issues such as a broken taillight, expired registration, or malfunctioning headlights provide probable cause for a stop.
- Reckless or Dangerous Driving: Swerving, following too closely, or any driving that poses a risk to others on the road can prompt a traffic infraction.
2. Reasonable Suspicion of Criminal Activity
- Suspicious Behavior: If the officer has reasonable suspicion that a crime is occurring or is about to occur, they can stop your motor vehicle to investigate.
- Prior Knowledge: If an officer has information (like a BOLO, or “Be On the Lookout”) that connects you or your vehicle to a suspected crime, they have legal grounds to pull you over.
3. Sobriety Checkpoints
- Legal Sobriety Checkpoints: In some states, police can set up sobriety checkpoints to check for drunk driving or for signs of driving under the influence of drugs. Stops at these checkpoints are random but allowed under certain legal parameters.
4. Welfare Check or Emergency Situations
- Welfare Concerns: If a driver appears in distress or there are concerns for their immediate health and safety (e.g., visibly unwell, unconscious, or having a medical emergency), an officer can stop the vehicle.
- Emergency Situations: If the driver is exhibiting extreme reckless behavior or appears to pose an immediate threat to public safety, officers may stop the vehicle to prevent potential harm.
5. Vehicle Matching the Description of a Suspect Vehicle
- Known Suspect Vehicle: Police can stop vehicles that match the description of a car involved in a recent crime or suspect activity, particularly if there’s a specific identifying detail (license plate number, make, model, or color).
6. Safety and Security Checks (Border or National Security)
- Border Checkpoints: Near borders, federal officers can stop vehicles to check for immigration or customs violations without the same level of probable cause.
- National Security Concerns: During heightened security situations, police may conduct stops near sensitive areas (e.g., near government buildings or during high-alert events) if there are reasonable security concerns.
7. Violations of State or Local Laws
- Local Ordinances: Some states and cities have specific ordinances that allow for stops if there’s a violation of these laws, such as certain noise ordinances or seatbelt laws.
8. Expired Registration or License Tags
- License Plate Expiration: If the officer notices that a vehicle’s license plate is expired, they have the authority to stop the driver to address the registration issue and ask for proof of insurance.
- Improper Display: License plates that are obscured or improperly displayed, preventing identification, can also lead to a stop.
A police officer can stop your vehicle if they have probable cause of a traffic violation, reasonable suspicion of criminal activity, or for safety checks under legal regulations.
Knowing these situations can help you understand your rights and the grounds for lawful traffic stops.
How Can an Attorney Help Me?
If you were wrongfully pulled over, an experienced attorney can provide significant assistance in protecting your rights and potentially dismissing any charges or citations that arose from the stop.
Here’s how a lawyer can help in an illegal traffic stop:
1. Assessing the Legality of the Stop
- Reviewing Probable Cause: An attorney will examine whether the officer had a legitimate reason, or probable cause, to stop your vehicle. If there was no legal justification, any additional charges (such as a citation, DUI results, or searches conducted after the stop) may be challenged in court.
- Identifying Violations of Your Rights: If the officer’s actions were unreasonable, an attorney can argue that your Fourth Amendment rights against unreasonable search and seizure were violated, which can be a basis for dismissing charges.
2. Challenging Evidence
- Suppressing Illegally Obtained Evidence: A criminal defense attorney can file a motion to suppress evidence collected during an illegal stop, meaning it can’t be used against you in court. This might include crime evidence, such as drugs, weapons, or DUI test results obtained without probable cause.
- Examining Dashcam or Bodycam Footage: Lawyers often request access to video recordings to scrutinize the officer’s conduct and statements during the stop. This can reveal interactions between police and yourself, if the officer acted outside of the law or if the stop was based on false pretenses.
3. Building a Defense for Any Resulting Charges
- Arguing Against Citations or Tickets: If you were issued a ticket or citation during the wrongful stop, an attorney can dispute the validity of these charges in court. Successfully challenging the stop may lead to ticket dismissal and prevent penalties on your driving record.
- Defending Against Criminal Charges: In cases where the wrongful stop led to more serious charges, such as felony drug charges, a criminal defense attorney will use the improper stop as part of a larger defense to fight the charges.
4. Ensuring Compliance with Legal Procedures
- Questioning the Stop’s Documentation: Police must document the reason for the initial traffic stop and any actions taken. An attorney can review this documentation for inconsistencies or errors that suggest the stop was unjustified and your constitutional rights were breached.
- Verifying Constitutional Adherence: An attorney can confirm if your rights were upheld during the stop, including ensuring that any searches, questioning, and arrests followed proper procedures. Any deviation can strengthen your defense.
5. Filing a Civil Rights Claim if Necessary
- Pursuing a Civil Lawsuit for Rights Violations: If you were subject to discrimination, harassment, or other misconduct, an attorney may recommend filing a civil rights claim. This can seek damages for emotional distress, legal costs, and other harm caused by the wrongful stop.
- Holding Law Enforcement Accountable: Filing a complaint or lawsuit can help bring attention to misconduct and contribute to accountability for improper law enforcement actions, potentially affecting future cases.
6. Minimizing Long-Term Consequences
- Protecting Your Driving Record: Wrongful stops can lead to tickets, fines, and points on your record. An attorney can work to remove or reduce these impacts, safeguarding your driving record and avoiding insurance rate increases.
- Avoiding Criminal Record Implications: By getting charges dismissed or reduced, an attorney helps prevent wrongful criminal records that could impact your employment, housing, or education opportunities.
Contact Us to Schedule a Free Consultation With a Criminal Defense Lawyer
At Hines Law Firm, one of the things we do most often as attorneys is look at each arrest.
Then, we determine if the officer had the right to pull that person over. If not, the charges will likely be dropped later.
One of our clients had been pulled over by a police officer, because the cop said, “well his tail light was out, therefore that gave me a reason to pull him over, and check his driver’s license.”
In this particular case, we requested a video.
It turns out that the video from the cop’s car showed that our client’s tail light was working just fine.
Our client’s tail light was not out, so the cop did not have a reason to pull him over and then later on give him a ticket.
When we found this out, we told the government, and the charges were dropped.
The police officer violated our client’s Fourth Amendment right against illegal searches and seizures.
If you believe you were wrongfully pulled over and are now facing charges, don’t hesitate to contact our criminal defense lawyer to schedule a free consultation to find out if we can assist with your case.