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Police Traffic Stops
The facts contained below considers the major elements that institute a traffic stop as being defensible and legally professional. It will also consider the case laws that established the legality of check points and traffic stops.
Elements
Traffic roadblocks and stops come under the 4th Amendment protection against unreasonable seizures and searches because they hinder our freedom of movement.
A traffic stop usually occurs when a law enforcement agent signals a motorist to stop by the roadside (Traffic Stops and Roadblocks-Lawyers.com). This stop comprises a seizure under the Fourth Amendment because it stands in the way of the freedom of movement of the motorist. For this stop to be valid under the Fourth Amendment of the United States Constitution, the law enforcement agent must look at specific and expressed facts to lend support to probable cause of criminal conduct or reasonable suspicion.
Although a law enforcement agent may stop a pedestrian randomly to check for purpose of identification in the territory, a random vehicle stop to check the license of the driver or the vehicle registration is never justified until the officer has enough reasons to suspect that the vehicle is not registered or the driver does not have a driver's license. There must be a lawful justification or valid reason for stopping...
An unjustified traffic stop is not permissible and any evidence of an officer resorting to this sort of stop will not be acceptable in court. Some common justifications for investigative or traffic stops include:
Traffic offences
Equipment violations or defective equipment
Defective or missing license plates
Inconsistent driving behavior, like drunk or reckless driving
Emergency response calls
Apprehensive criminal activity
Case Law
Due to incidences of entrapping people who have not been driving while drunk at these DUI checkpoints, there were aspersions on reasonable search and seizure by officers involved. In the 1990 decision, the Supreme Court weighed in and determined that the DUI is, after all, a valid law enforcement scheme. According to the Fourth Amendment to the United States Constitution, the citizens have the right to refuse any unreasonable searches and seizures (But are these DUI Checkpoints Legal?-Findlaw). Searches will always involve issuing search warrants under some circumstances provided the search is reasonable. DUI is a good example of right application of the Fourth Amendment's rule. Stopping a car driver is regarded as a seizure since the person is required to pull over and cannot continue until the officer allows his journey. Since…
References
Traffic Stops and Roadblocks, (n.d.). Criminal Law Attorney Lawyers-- Legal Information - Lawyers.com . - Lawyers.com . Retrieved January 19, 2016, from http://criminal.lawyers.com/traffic-violations/traffic-stops-and-roadblocks.html
Are DUI Checkpoints Legal? - FindLaw (n.d.). Traffic Laws - FindLaw. Retrieved January 19, 2016, from http://traffic.findlaw.com/traffic-stops/are-dui-checkpoints-legal-.html
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