When can police conduct a traffic stop?

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State and federal law requires police to follow certain procedures laws when it comes to making a traffic stop. Enforcement officers generally cannot pull over a vehicle unless they have good reason to do so. There are many legal debates on what constitutes good reason for the traffic stop. At the most basic level, in order to justify a stop officers must have reasonable suspicion.

What constitutes reasonable suspicion?

Reasonable suspicion is not as difficult to meet as other legal standards. Probable cause, for example, is a more difficult standard to achieve. As noted above, when it comes to conducting a traffic stop, officers are generally required to establish reasonable suspicion.

Officers can establish reasonable suspicion for a traffic stop if a reasonable and prudent person in the same situation would think criminal activity is present. This standard is viewed as one that would be clear using “common sense,” not one that would require analysis by legal experts.

Is this an evolving area of law?

Yes, the law around traffic stops is constantly evolving. The Supreme Court of the United States (SCOTUS) has heard a number of cases that question these issues and provides some guidance. Recently, SCOTUS agreed to hear a case that questioned whether or not the fact that the registered driver for a vehicle had a revoked driver’s license was enough to justify a stop.

It is important to clarify that this was the only issue questioned in the case. The officer did not attempt to verify that the registered driver was actually driving. There were no other observed traffic violations. The only reason for the stop was the result of a computer database search of the license plate conducted by the officer showing the registered driver had a revoked driver’s license.

Ultimately, SCOTUS discussed how the Fourth Amendment allows police to “initiate a brief investigative traffic stop” when there is reason to believe the person stopped has committed a crime. In this case, the justices stated that because the law only revokes a driver’s license when the driver demonstrates a high disregard for the law. Examples of offenses that result in revocation include involuntary manslaughter, vehicular homicide, reckless driving, fleeing a police officer or being a “habitual violator.” Based on the list of qualifying offenses, SCOTUS stated it was reasonable for an officer to believe a driver who was driving with a revoked driver’s license was likely involved in criminal activity. A suspended license, they clarified, would not have the same result.

What if the police pull over my vehicle?

It is important to review the stop. A violation of your rights during a stop can result in a dismissal of charges. An attorney experienced in this area of criminal law can review the details of your situation and provide guidance.