The Bottom Line on the Constitutionality of Traffic Stops
This shouldn’t surprise you. When it comes to traffic stops, your rights are protected under the Fourth Amendment of the United States Constitution. This means that in most cases the police can’t just arbitrarily pull your vehicle over. There must be a reason for the traffic stop.
What exactly does this mean? Basically, the Fourth Amendment protects citizens against unreasonable search and seizure. This includes stopping a motor vehicle without suspicion that a motor vehicle law has been broken. Or, that the driver or one of the car’s occupants may be engaged in something that constitutes a disorderly persons offense. Of course, the police may also justify pulling over a motor vehicle if there is a concern that a crime is being committed.
There is an exception to random motor vehicle stops. Since drunk driving is obviously considered dangerous, law enforcement officials may set up sobriety checkpoints. You can read one of our prior blogs to learn more about DWI checkpoints.
Recent Case Deals with Validity of Traffic Stop
Let’s take this argument a step further. What happens if the police do decide to pull your car over without just cause? Take out of the equation sobriety checkpoints or mobile motor vehicle inspection roadblocks.
Does the validity of a traffic stop have any bearing on a case? The short answer is yes. Unless the police officer can demonstrate there was a legal reason for a stop, the underlying case could be thrown out of court.
A recent New Jersey court decision deals with just this issue. The driver of Al-Sharif Scriven’s vehicle had her high beams on while operating her vehicle in a residential neighborhood. Additionally, the driver obeyed traffic signals and was not driving in excess of the posted speed limit. No vehicles were on the roadway traveling towards the car in which Scriven was a passenger.
New Jersey does have a law that deals with the use of high beams. One of the components of the law is that the lights must be dimmed when a vehicle approaches from the opposite direction. The obvious purpose is to ensure the other driver is not blinded by the lights.
A police officer noticed the car was using the high beams in a well-lit area. The policeman signaled it to pull over. He stated his intentions were to educate the driver on the use of high beams. It was later determined that since there were no on-coming cars, the driver was not in violation of the high beam statute.
Once the vehicle was detained, the police officer detected the smell of marijuana. He also noticed a hollowed out cigar, which he recognized as a receptacle for marijuana. This was just the beginning of concerns about wrongdoing.
As the driver and passenger were asked to exit the car, Scriven admitted that he had a handgun in his jacket. The officer removed the gun and discovered other items related to its use. Scriven was charged with unlawful possession of the handgun, the bullets, and a high capacity magazine. The driver received a citation for misuse of high beams.
The court ruled in favor of the driver. Since there were no cars coming in the opposite direction, there was no reason for the ticket. In fact, this invalidated the traffic stop as unconstitutional.
The illegal traffic stop worked in Scriven’s defense as well. The police officer did not have a reason to pull over the vehicle. Therefore, the evidence gained during the stop was suppressed.
Contact Us
Are you facing charges as the result of a traffic stop? At the Law Offices of Beninato & Matrafaljo, we have many years of experiencing handling these types of matters. Contact us to discuss the particulars of your case.