The police have a lot of power when it comes to traffic stops. They can pull you over for any reason, or seemingly for no reason at all. But is this really legal and what exactly qualifies as a legitimate reason for a traffic stop? Below, we explore the concept of reasonable suspicion and how a criminal defense attorney can help you fight DWI or other criminal charges if you or a loved one were arrested.
How Courts Decide Whether a Traffic Stop Is Lawful
When determining whether or not a traffic stop was lawful, courts will look at the totality of the circumstances surrounding the stop. This includes considering things like the officer’s training and experience, the time of day/location where the stop occurred, and any other relevant factors.
Reasonable suspicion is a legal standard less than probable cause that is used by police officers in the United States to justify the temporary detention of individuals, usually in public places. It must be based on specific and articulable facts; an officer’s hunch or gut feeling is not enough. If it’s determined that there was no reasonable suspicion for the stop, then any evidence found as a result of the stop cannot be used against the defendant in a court of law.
Factors That May Establish Reasonable Suspicion
Many factors can contribute to an officer having reasonable suspicion. Some of these include:
- Observing a traffic violation like speeding or running a red light
- Smelling drugs or alcohol coming from a vehicle
- Observing a lack of control over the vehicle, including swerving or driving erratically
- An outstanding arrest warrant
- The suspect matches the description of someone reported to have committed a crime in the area
What To Do If The Police Stop You Without Cause
If you are pulled over without reasonable suspicion, it’s important to know your rights and how to assert them. By understanding the law and knowing what to do, you can protect yourself from being unlawfully detained or arrested. Ask for the names and badge numbers of all officers involved in your stop and write down as many details about the experience as you can before your memory starts to fade.
Then, consult with an experienced attorney who can help determine whether your rights were violated and what legal options are available to you.
Mark Cossuto is an experienced Brooklyn DWI attorney that can provide you with comprehensive & zealous legal representation. Call now at (718) 852-8047 or toll free at (800) 609-4545 for a consultation.
