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WHen is a stop unconstitional?

2006-08-05 17:09:50 · 6 answers · asked by envisiondreaming 2 in Politics & Government Law Enforcement & Police

6 answers

If there is not any probable cause for the stop then it is unconstitutional. Unfortunately for you there are so many things that you may be stopped for it is incredible. Even a really good driver commits at least 5 traffic violations in the course of driving for just 10-15 minutes.
If you want to ask something more specific or give more details I might be able to help you out. Feel free to ask me.

2006-08-06 08:38:29 · answer #1 · answered by Walter J 3 · 1 1

What kind of stop?

In general, you may be stopped when the police have probable cause to believe that you have committed a traffic offense or crime.

The crime for which you are eventually arrested may (but need not) be the same one for which you are stopped.

For example, police see that you do not have a tail light working. Stop you. Find drugs. They need not give you a ticket for a tail light. But the tail light provided a basis for the stop.

Key words - probable cause that a crime (or other offense) has been committed.

Note, that you can be stopped if the officer has a reasonably articulable suspicion (has less than probable cause, more than just a hunch) that crime is afoot, but other than provide ID, the police may only pat you down, cannot make a complete search, etc. Whether it is a full stop or a terry stop, you are never required to answer the police officer's questions. You can be arrested if you lie to a police officer.

2006-08-05 17:16:14 · answer #2 · answered by robert_dod 6 · 0 0

Now Zeta, what about a Parks and Wildlife officer stopping someone in the middle of the lake, is that unconstitutional?

2006-08-05 17:23:25 · answer #3 · answered by James A 2 · 0 0

A STOP is unconstitutional when its in the middle of a lake, on the side of a cliff, on a downward ski slope, on the side of a train track, floating on a cloud when a plane is flying by, and etc.......

2006-08-05 17:18:35 · answer #4 · answered by Zeta 5 · 0 0

If the the policeman is just stopping you because your black...

Clowmy

2006-08-05 17:19:48 · answer #5 · answered by Anonymous · 0 0

When you stop your car on top of a pedestrian.

2006-08-05 17:33:46 · answer #6 · answered by scruffycat 7 · 0 0

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