Probable cause stop or 4th Amendment violation?

Question

At 11 p.m. two undercover detectives are driving through a commercial district in their city. There has been a rash of commercial breaking and enterings in this area with no leads or suspects. The two detectives are trying to "scare up" something to go on to solve the B&Es.
The two detectives notice a van that they would like to stop. The detectives can not come up with reasonable suspicion to stop the van. One of the detectives notices that the van has no working license plate light which is a valid traffic violation. The two detectives pull the van over and develop probable cause to search the vehicle when they notice office equipment in the back of the van that matches some items stolen two nights ago. They later arrest the driver and passenger. The two detectives have been assigned to property crimes for years and have not written a traffic ticket in years. The defense argues that this stop was made just so the detectives could search their clients van.

The defense wants the evidence from the stop thrown out. They believe that the detectives stopped their clients just so they could search their van not because they were concerned about the out tag light. Is this a valid stop? Why?

Just FYI. I have read the Constitution. I read case law while I am sitting on the toilet.

I have started asking questions in here to improve the quality of questions. I am tired of reading the standard "How do I get out of a speeding ticket?" Or the, "Why are cops so mean?"

Just trying to make people think and see who's got their thinking caps on.

Answer 1

This is commonly called a "pretext stop." The Supreme Court said it is perfectly legal in the case Whren v. U.S. in 1996.

In that case, vice cops were patrolling a high crime area, and were suspicious of an unmarked van. The van made a turn without signaling. The vice cops caught up to the van, and told the driver to pull over. As the cops approached the van, they noticed bags of cocaine in the van. The evidence was allowed at trial, even though the cops were primarily interested in finding contraband, and not to write a traffic citation, when they stopped the van.

Answer 2

It is a valid stop even without the tag light out. The reason is that there have been breakins in the area. A van in a commercial area operating outside of normal business is enough for the stop. The rest is fair game.

Answer 3

Yes it is. The van was in an area in the middle of the night by itself. The area had break ins in the area. The light violation was a good reason to pull them over. Then that was when the officer saw in plain view the items that had been stolen. It was a good stop and I say good job to the officer.

Answer 4

It's a valid stop. It's immaterial whether they've written a traffic ticket in years.

Probable cause is just that - an unusual vehicle not normally in the area, in an area where there have been burglaries, at an unusual time of day. You look at the ENTIRE picture.

Calif Deputy

Answer 5

Sounds like a valid stop, arrest, the detectives are still sworn to up hold the law no matter what their capacity is. just good police work. the argument will never be upheld in court because their is no corruption or violation of rights, maybe you should read the 4th admendment.

Answer 6

The only thing they did wrong is they should've also wrote the plate light ticket . Ha Ha! They are in the clear. The attorney is grasping for straws.

Answer 7

It's a valid stop. The evidence is going in.

Answer 8

Their intentions and purpose (stopping the burglaries) are lawful. the stop was lawful (tag light out). they say they develop probable cause, its not stated what it is tho. they find stolen stuff. sounds cut and dry to me

Answer 9

I don't know, but cops are WAY too powerful in this country. That iswhy so many are corrupt. POWER CORRUPTS.