traffic stop

This is a discussion on traffic stop within the Traffic Law Questions forums, part of the Legal Questions & Answers Forum category; Legal Help just answered my question concerning a traffic stop where can I find the actual law to present at my appeal that says an officer must think a law ...

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    traffic stop

    Legal Help just answered my question concerning a traffic stop where can I find the actual law to present at my appeal that says an officer must think a law has been broken in order to stop my vehicle


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    Every state has its own case law and statutes and that is generally what you use to back up your arguments.
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    Where you live mate that is how you gonna help us to give you right advice.

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    Quote Originally Posted by Binghimon View Post
    Legal Help just answered my question concerning a traffic stop where can I find the actual law to present at my appeal that says an officer must think a law has been broken in order to stop my vehicle
    Your appeal is probably long past, but stopping a motor vehicle is a seizure under the 4th AM, see Delaware v. Prouse, United States Supreme Court. The seizure must be reasonable then. A stop can be made where no law has been broken, sure, say your car desciption matches one just involved in a bank robbery, etc. This is not what you are sepaking of though.


    In Berkemer v. McCarty (USSC) the dicta stated that stopping a motor vehicle is more or less a "Terry Stop" based on Terry v. Ohio, and most states do consider such seizure to be based on a reasonable suspicion an offense has been committed, not probable cause.
    Last edited by lawbuff; 05-04-2012 at 07:44 PM.


 

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