What constitutes an illegal traffic stop?

Asked over 1 year ago - Peoria, IL

In addition does it matter if you are not given a reason or citation once you're pulled over, but later arrested after an officer searches you vehicle?

Attorney answers (3)

  1. 2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . in order to stop you an officer must have "reasonable suspicion" that a crime has occurred. (aka traffic violation has occurred for a traffic stop). The officer does not have to actually issue you a citation, but only specific and articulable facts to suspect that a crime has been committed.

    Once the officer conducts the stop, he will then need probable cause to conduct the search, UNLESS YOU CONSENT TO THE SEARCH. If you consent, then the officer does not need probable cause.

  2. 4

    Lawyers agree

    1

    Answered . A stop based on no probable cause or reasonable suspicion.

  3. 2

    Lawyers agree

    1

    Answered . Getting pulled over when you committed no traffic violations would be illegal. It calls into question when no warning or citation is issued and the officer searches the car. Was consent given for the search?

Related Topics

Traffic stops

In a traffic stop or pull over, the officer stops you in your vehicle. Traffic stops are supposed to be based on reasonable suspicion that you violated the law.

Vehicle searches

A vehicle search is only legal if there is probable cause. However, if you give permission, even if the officer doesn't have probable cause, a search is legal.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

33,955 answers this week

3,723 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,955 answers this week

3,723 attorneys answering