Search results
Results from the WOW.Com Content Network
Although criminal detentions usually require probable cause that the suspect has engaged in criminal activity, an officer may conduct a traffic stop if the officer has a reasonable, articulable suspicion that the driver is engaging in criminal activity. [6]
California, 551 U.S. 249 (2007), was a decision by the Supreme Court of the United States that held that all occupants of a car are "seized" for purposes of the Fourth Amendment during a traffic stop, not just the driver.
During a traffic stop and checkpoint, it is legal for police to allow a drug dog to sniff the exterior of the car. This is legal as long as it does not cause the traffic stop to be any longer than it would have been without the dog. If the dog finds a scent, it is again a substitute for probable cause. [18]
For premium support please call: 800-290-4726 more ways to reach us
If officers have probable cause to believe that a traffic violation occurred, they are allowed to stop a vehicle. Because the petitioners sped away at an "unreasonable" speed, the officers were given reasonable cause to stop the vehicle. A traffic violation occurred, which made the following search and seizure lawful.
"Stop and identify" laws in different states that appear to be nearly identical may be different in effect because of interpretations by state courts. For example, California "stop and identify" law, Penal Code §647(e) had wording [37] [38] [39] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v.
This means that to initiate a traffic stop in New York, police officers must have probable cause to believe that the driver has committed a traffic violation or another offense.
Traffic stops can be initiated at any time during the detention and arrest process, ranging from stops prior to arrest or issuance of a ticket for violation based on probable cause. Traffic stops date to the 1920s.