Traffic stop
Encyclopedia
A traffic stop, commonly called Being pulled over, is a temporary detention of a driver
of a vehicle
by police
to investigate a possible crime
or civil infraction
. In constitutional law in the United States
, a traffic stop is considered to be a subset of the Terry stop
; the standard set by the United States Supreme Court in Terry v. Ohio
regarding temporary detentions requires only reasonable suspicion
that a crime
has occurred or is about to occur.
A stop is usually accomplished through a process known as "pulling over" the suspect's vehicle. Police vehicles
(except those used by undercover personnel) traditionally have sirens, loudspeakers, and lightbars
that rotate and/or flash. These devices are used by the officer to get the attention of the suspect and to signal that they are expected to move over to the shoulder
and stop.
These devices are also typically equipped on other emergency vehicles such as fire trucks and ambulances, and in all cases, such signals and the laws requiring that other vehicles pull to the shoulder allow the emergency vehicles to pass other traffic safely and efficiently when responding to emergency situations. In the case of a traffic stop, the officer pulls the patrol vehicle behind the subject vehicle as it stops instead of proceeding past as he or she would during emergency response.
Depending upon the severity of the crime which the officer believes to have occurred, the officer may arrest the suspect, either by taking him or her to jail, or check for any outstanding warrants
before issuing a citation also called a Notice to Appear or summons in some jurisdictions, which is essentially a traffic ticket
. In some cases, officers may choose to simply issue a verbal or written warning
.
Traffic stops are inherently dangerous for police officers, many of whom patrol and conduct stops alone. Officers typically take steps to protect themselves from passing traffic such as using their own car as a shield and/or approaching the suspect vehicle on the passenger side.
Many states have enacted laws requiring freeway traffic approaching the police vehicle to merge over to the left, leaving an entire lane as a buffer zone for the officer. According to FBI statistics, more officers are killed or injured annually during the course of a traffic stop than at any other time excluding vehicle accidents and effecting arrests.
A "felony" or "high-risk" traffic stop occurs when police stop a vehicle which they have strong reason to believe contains a driver or passenger suspected of having committed a serious crime, especially of a nature that would lead the police to believe the suspect(s) may be armed (such as an armed robbery, assault with a weapon, or an outstanding felony warrant for the registered owner). In a high risk stop, officers attempt to provide for everyone's safety by issuing instructions to maintain absolute control over every step of the proceedings. They will have additional officers on scene for back-up, often waiting for additional officers to join up before initiating the stop. They will typically have their weapons drawn, and stay back from the suspect vehicle, using their patrol cars for cover. If there is no choice but to make the stop on a busy street they will often stop traffic. They will address the driver and any passengers over the PA speaker of the patrol car, typically instructing the driver to turn the engine off, remove the keys from the ignition, and sometimes toss them out the window. They will instruct the occupants, one at a time, to exit the vehicle with empty hands showing, place their hands on top of or behind their heads, walk backwards some distance, and then lay flat on the ground, where they will remain until all occupants have done likewise, at which point officers will move up, apply handcuffs, do a body search and then secure the suspects in the patrol cars. The vehicle is then typically searched for weapons and other evidence.
to check compliance with laws such as those requiring the use of seat belts or those forbidding the possession of narcotics.
Some people have objected that the tactic violates the United States Constitution
; the Fourth Amendment to the Constitution
, part of the Bill of Rights
, contains a provision against unreasonable search and seizure
. Typically police must either have probable cause
for a search or get a warrant
from a judge specifying a particular individual by name or get a "John Doe warrant" with a specific description.
In Delaware v. Prouse, 440 U.S. 648 (1979), the United States Supreme Court ruled that the police stopping vehicles for no reason other than to check the drivers' licenses and registrations was unconstitutional.
In New York v. Belton
, 453 U.S. 454 (1981), the United States Supreme court ruled that when a police officer has made a lawful arrest of a driver, he may search the passenger area of the vehicle without obtaining a warrant.
In Michigan Dept. of State Police v. Sitz
, 496 U.S. 444 (1990), the United States Supreme Court ruled that the use of sobriety checkpoints was constitutional.
In Illinois v. Caballes
, 543 U.S. 405 (2005), the United States Supreme Court held that the use of a drug-sniffing dog during a routine traffic stop does not unreasonably prolong the length of the stop so as to violate the Fourth Amendment.
In Arizona v. Gant
, (2008), the United States Supreme Court ruled that an officer must demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to search a vehicle pursuant to an arrest, distinguishing New York v. Belton
.
Driving
Driving is the controlled operation and movement of a land vehicle, such as a car, truck or bus.Although direct operation of a bicycle and a mounted animal are commonly referred to as riding, such operators are legally considered drivers and are required to obey the rules of the road...
of a vehicle
Vehicle
A vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
by police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
to investigate a possible crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
or civil infraction
Civil Infraction
In common law countries, a civil infraction is a non-criminal violation of a rule, ordinance, or regulation.-United States law:A civil infraction is violation of the law less serious than a misdemeanor, and which usually does not attach certain indiviual rights such as a jury trial.-Punishments for...
. In constitutional law in the United States
United States constitutional law
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution.- Introduction :United States constitutional law defines the scope and application of the terms of the Constitution...
, a traffic stop is considered to be a subset of the Terry stop
Terry stop
In the United States, a Terry stop is a brief detention of a person bypoliceon reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.The name derives from Terry v. Ohio, 392 U.S...
; the standard set by the United States Supreme Court in Terry v. Ohio
Terry v. Ohio
Terry v. Ohio, 392 U.S. 1 , was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police...
regarding temporary detentions requires only reasonable suspicion
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...
that a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
has occurred or is about to occur.
A stop is usually accomplished through a process known as "pulling over" the suspect's vehicle. Police vehicles
Police car
A police car is a ground vehicle used by police, to assist with their duties in patrolling and responding to incidents. Typical uses of a police car include transportation for officers to reach the scene of an incident quickly, to transport criminal suspects, or to patrol an area, while providing a...
(except those used by undercover personnel) traditionally have sirens, loudspeakers, and lightbars
Light bar
Emergency vehicle lighting refers to any of several visual warning devices, which may be known as light bars or beacons, fitted to a vehicle and used when the driver wishes to convey to other road users the urgency of their journey, to provide additional warning of a hazard when stationary, or in...
that rotate and/or flash. These devices are used by the officer to get the attention of the suspect and to signal that they are expected to move over to the shoulder
Shoulder (road)
A hard shoulder, or simply shoulder, is a reserved area by the verge of a road or motorway. Generally it is kept clear of motor vehicle traffic...
and stop.
These devices are also typically equipped on other emergency vehicles such as fire trucks and ambulances, and in all cases, such signals and the laws requiring that other vehicles pull to the shoulder allow the emergency vehicles to pass other traffic safely and efficiently when responding to emergency situations. In the case of a traffic stop, the officer pulls the patrol vehicle behind the subject vehicle as it stops instead of proceeding past as he or she would during emergency response.
Depending upon the severity of the crime which the officer believes to have occurred, the officer may arrest the suspect, either by taking him or her to jail, or check for any outstanding warrants
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
before issuing a citation also called a Notice to Appear or summons in some jurisdictions, which is essentially a traffic ticket
Traffic ticket
A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, accusing violation of traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation,...
. In some cases, officers may choose to simply issue a verbal or written warning
Warning (traffic stop)
When a traffic stop is made, a warning issued by the officer is a statement that the motorist has committed some offense, but is being spared the actual citation. Officers can use their own discretion whether to issue a citation or warning...
.
Traffic stops are inherently dangerous for police officers, many of whom patrol and conduct stops alone. Officers typically take steps to protect themselves from passing traffic such as using their own car as a shield and/or approaching the suspect vehicle on the passenger side.
Many states have enacted laws requiring freeway traffic approaching the police vehicle to merge over to the left, leaving an entire lane as a buffer zone for the officer. According to FBI statistics, more officers are killed or injured annually during the course of a traffic stop than at any other time excluding vehicle accidents and effecting arrests.
A "felony" or "high-risk" traffic stop occurs when police stop a vehicle which they have strong reason to believe contains a driver or passenger suspected of having committed a serious crime, especially of a nature that would lead the police to believe the suspect(s) may be armed (such as an armed robbery, assault with a weapon, or an outstanding felony warrant for the registered owner). In a high risk stop, officers attempt to provide for everyone's safety by issuing instructions to maintain absolute control over every step of the proceedings. They will have additional officers on scene for back-up, often waiting for additional officers to join up before initiating the stop. They will typically have their weapons drawn, and stay back from the suspect vehicle, using their patrol cars for cover. If there is no choice but to make the stop on a busy street they will often stop traffic. They will address the driver and any passengers over the PA speaker of the patrol car, typically instructing the driver to turn the engine off, remove the keys from the ignition, and sometimes toss them out the window. They will instruct the occupants, one at a time, to exit the vehicle with empty hands showing, place their hands on top of or behind their heads, walk backwards some distance, and then lay flat on the ground, where they will remain until all occupants have done likewise, at which point officers will move up, apply handcuffs, do a body search and then secure the suspects in the patrol cars. The vehicle is then typically searched for weapons and other evidence.
Controversy in the United States
In the United States, traffic stops have been criticized for their use in police dragnetsDragnet (policing)
A dragnet is any system of coordinated measures for apprehending criminals or suspects; including road barricades and traffic stops, widespread DNA tests, and general increased police alertness. The term derives from a fishing technique of dragging a fishing net across the sea bottom, or through a...
to check compliance with laws such as those requiring the use of seat belts or those forbidding the possession of narcotics.
Some people have objected that the tactic violates the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
; the Fourth Amendment to the Constitution
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
, part of the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, contains a provision against unreasonable search and seizure
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
. Typically police must either have probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
for a search or get a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
from a judge specifying a particular individual by name or get a "John Doe warrant" with a specific description.
In Delaware v. Prouse, 440 U.S. 648 (1979), the United States Supreme Court ruled that the police stopping vehicles for no reason other than to check the drivers' licenses and registrations was unconstitutional.
In New York v. Belton
New York v. Belton
In New York v. Belton, 453 U.S. 454 , the United States Supreme Court held that when a police officer has made a lawful custodial arrest of the occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile...
, 453 U.S. 454 (1981), the United States Supreme court ruled that when a police officer has made a lawful arrest of a driver, he may search the passenger area of the vehicle without obtaining a warrant.
In Michigan Dept. of State Police v. Sitz
Michigan Dept. of State Police v. Sitz
Michigan Dept. of State Police v. Sitz, 496 U.S. 444 , was a United States Supreme Court case involving the constitutionality of police sobriety checkpoints...
, 496 U.S. 444 (1990), the United States Supreme Court ruled that the use of sobriety checkpoints was constitutional.
In Illinois v. Caballes
Illinois v. Caballes
In Illinois v. Caballes, , the Supreme Court held that the Fourth Amendment is not violated when the use of a drug-sniffing dog during a routine traffic stop does not unreasonably prolong the length of the stop.-Facts:...
, 543 U.S. 405 (2005), the United States Supreme Court held that the use of a drug-sniffing dog during a routine traffic stop does not unreasonably prolong the length of the stop so as to violate the Fourth Amendment.
In Arizona v. Gant
Arizona v. Gant
Arizona v. Gant, 556 U.S. 332 , was a United States Supreme Court decision which held that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence...
, (2008), the United States Supreme Court ruled that an officer must demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to search a vehicle pursuant to an arrest, distinguishing New York v. Belton
New York v. Belton
In New York v. Belton, 453 U.S. 454 , the United States Supreme Court held that when a police officer has made a lawful custodial arrest of the occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile...
.
External links
- Narcotics searches in traffic stops OK - Jerry Seper, The Washington TimesThe Washington TimesThe Washington Times is a daily broadsheet newspaper published in Washington, D.C., the capital of the United States. It was founded in 1982 by Unification Church founder Sun Myung Moon, and until 2010 was owned by News World Communications, an international media conglomerate associated with the...
(January 25, 2005)