Can police pull you over with no probable cause?

[CJD]

Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.

Seems that detention is allowed for the sole purpose of validating license possession. Opinions?

[03Lightningrocks]

I am willing to bet that most cops pull someone over because something about that person or the driving gave them reason to sniff around. I have trouble believing a cop is going to quit eating his or her donut to pull over a car because the color of the car is green instead of purple.

[jmra]

I am willing to bet that most cops pull someone over because something about that person or the driving gave them reason to sniff around. I have trouble believing a cop is going to quit eating his or her donut to pull over a car because the color of the car is green instead of purple.

With the inclusion of the word "most", I will agree.

[Teamless]

If COPS (the Fox TV Show) is any indication, when they are just patrolling, the cop driving around almost always starts off with something like "this is a bad neighborhood, lets see what this guys is doing......" and then follows it up by "his license plate light is out" or "he didn't use his turn signal", and in my mind, he is now justifying the stop in the follow up, for what he said in the first comment.

So no, cops cannot pull you over with no probable cause, but there is ALWAYS probable cause.

[rbwhatever1]

I am willing to bet that most cops pull someone over because something about that person or the driving gave them reason to sniff around. I have trouble believing a cop is going to quit eating his or her donut to pull over a car because the color of the car is green instead of purple.

That was hilarious! Makes me want to take a 20 mile drive to Bridgeport to get some pig in blankets for breakfast...

[jbarn]

Probable cause is not needed for a traffic stop. Reasonable suspicion is.

[Oldgringo]

After review of the preceding replies, the answer is, "yes".

[b322da]

After review of the preceding replies, the answer is, "yes".

I would suggest that a police officer can stop and detain a person operating a motor vehicle for no reason or any reason. That is, she has the power to do so.

Whether or not her stopping you and detaining you is lawful under the circumstances depends upon what those circumstances are. If her action is unlawful you may have a legal remedy.

The question of whether or not her apparent unrestrained authority to stop and detain you to see if you have a driver's license excuses what would otherwise clearly be an unlawful action is the kind of question that keeps lawyers and judges employed.

Jim

[RoyGBiv]

there is ALWAYS probable cause.

QFT, sadly.

Flypaper.

[jbarn]

Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.

Seems that detention is allowed for the sole purpose of validating license possession. Opinions?

In 1979 the US Supreme Court ruled stops simply to check for a license unconstitutional.

As I wrote before, reasonable suspicion is required for a traffic stop. Terry v Ohio set that precedent.

Bad neighborhoods do not equal to reasonable suspicion. TV shows like COPS show edited versions. Cars stopped in bad neighborhoods also have other factors that add to the officer's suspicion. However, any observed traffic violation gives grounds for a stop.

[rbwhatever1]

I believe the answer is no regardless of how that law is written. The State cannot stop "a" vehicle simply to check for a Drivers License without reasonable suspicion or probable cause. This is a clear violation of the Constitution and I don't believe any State in the Union allows this arbitrary "drivers license stop" of it's Citizens.

The State can however stop "all" vehicles at a checkpoint to check for Drivers Licenses, which would get people kicked out of office....

http://supreme.justia.com/cases/federal ... e.html#653" onclick="window.open(this.href);return false;

[WildBill]

If COPS (the Fox TV Show) is any indication, when they are just patrolling, the cop driving around almost always starts off with something like "this is a bad neighborhood, lets see what this guys is doing......" and then follows it up by "his license plate light is out" or "he didn't use his turn signal", and in my mind, he is now justifying the stop in the follow up, for what he said in the first comment.

So no, cops cannot pull you over with no probable cause, but there is ALWAYS probable cause.

I think that the people pulled over on COPS are those who will make an interesting story and video.

As JBarn posted, the videos are edited.

Giving a guy a ticket for a burned out license plate bulb isn't the type of crime that would get very high ratings.

I agree that the comments are made to explain to the viewers their justification for the stop.

[rbwhatever1]

Ha! jbarn beat me by a minute! I also believe that Texas is one of the few States (11 last time I checked) that forbids random or rolling checkpoints...

[mojo84]

I'm curious to know what percentage of stops for very minor traffic or equipment violations lead to the apprehension of someone wanted for a serious crime or warrant.

[jbarn]

I'm curious to know what percentage of stops for very minor traffic or equipment violations lead to the apprehension of someone wanted for a serious crime or warrant.

While I do not have statistical data, I can tell you from experience that a large number my major arrests csme from minor violations. Many stops resulted in arrests.