The Procedure During a Police Stop

Interviewer: They’re looking for any infraction. What happens next? Do they have a procedure on literally how to stop you?

The Police Must Have Reasonable Suspicion to Pull You Over

Shannon: They do have a procedure on how to stop you. The officers themselves either have to observe the actual traffic infraction happen, and they are required to have probable cause that the traffic infraction occurred or reasonable suspicion that an ongoing crime is recurring. That would mean, based on observable facts, that they have reasonable suspicion a crime is occurring.

Observing a Traffic Infraction Substantiates the Officers Reasonable Suspicion

It can’t just be, “I think. Maybe. I have a hunch.” It has to be based on these facts such as, “I saw them weaving, or drifting, or make this really wide turn. Based on these facts I reasonably suspect that there’s a DUII happening. I’m going to go ahead and pull them over and investigate further.”

The officer actually has to observe the infraction personally or another officer has to observe that. If there is an informant that calls 911 to report dangerous driving behaviors, the responding officer has to corroborate the dangerous driving behavior with the caller’s report.

Shannon I. Wilson, Esq.

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