Police Reasons to Pull Out & Follow Vehicles
Police may follow, pull out or stop vehicles to enforce the law, but only as allowed under the U.S. Constitution. According to Daniel E. Hall, in "Criminal Procedure and the Constitution," privacy protections are narrower in your car than at home.
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Origin
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Constitutional law defines the standard for vehicle stops. The Supreme Court standard for vehicle stops originated in 1968 with Terry v. Ohio but continues to evolve.
Standard
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Officers may pull you over if they believe you broke the law. An officer needs "reasonable suspicion" to stop a vehicle. In other words, according to a Jan. 30, 2006, memorandum from the Congressional Research Service, he must reasonably believe that criminal activity has occurred.
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Types
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Seat belt and cell phone laws may be primary or secondary. If an officer sees you violating a "primary" law, she may pull you over on that basis alone, but for a "secondary" law, he must observe another violation. For instance, if your state has a "secondary" seat belt law, police may not stop you just for driving unbuckled.
Reasons
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Police may pull you over for excessive speed. Typical reasons include moving violations, such as speeding; equipment violations or expired tags; and criminal investigations.
Tips
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If police stop your car, do not be argumentative. If you are stopped, pull over as soon as you can do so safely, stay in your car, and produce your license and registration when directed. Do not argue; if you believe procedure was violated, challenge it later in court.
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References
- Criminal Procedure and the Constitution; Daniel E. Hall; 1997
- Police Prosecutor Update; February 2009
- Probable Cause, Reasonable Suspicion, and Reasonableness Standards in the Context of the Fourth Amendment and the Foreign Intelligence Surveillance Act; Congressional Research Service American Law Division; Jan. 30, 2006
Resources
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