WHILE DRIVING MY CAR ON THE HIGHWAY, MAY A POLICE OFFICER STOP ME OR PULL ME OVER FOR NO REASON?
June 12, 2014
This is a simple straightforward question and the answer is likewise simple and straightforward – No. But in the words of the late Paul Harvey, “there’s more to the story”.
A police officer pulling over a driver constitutes a detention. In order for the police to detain a driver the officer must have reasonable suspicion that the person detained is committing or has committed a crime. Absent that, the United States
Supreme Court in Delaware v. Prouse, 440 U.S. 648 (1979) held that such detention is unconstitutional. So the driver may not be pulled over on the officer’s whim.
This is important because if the detention is improper, then the officer cannot use as evidence against the driver what is discovered in this illegal stop. We see this most often in DUI cases where the defense lawyer seeks to suppress the officer’s evidence that the driver was under the influence of alcohol or drugs and hence guilty of “drunk driving”. Since the stop was illegal all evidence coming from that stop is tainted. Sometimes a judge may say the evidence leading to the DUI arrest (breath analyzer, blood test, etc.) was the “fruit of a poisonous tree”.
So the bunny in the hat question is what constitutes this reasonable suspicion on the part of the officer. This is a factual question and judges may look at the same circumstances differently. Clearly, erratic and reckless driving are strong indications and reasons for the driver to be stopped and checked, but even these findings can be murky. Legal research will showcase hundreds, if not thousands, of these cases where a motion to suppress was granted or rejected. Sometimes these stops are questionable, but the only finite answer will be in a courtroom.
As an aside I’d like to point out a common misconception. Folks see DUI cases in the local newspapers and assume these are “drunk driving” arrests. This may or may not be true. The Pennsylvania criminal statute dealing with driving under the influence is complex legislation. (75 Pa. C.S.A 3802). Arguably a driver of an automobile may be in violation of this statute if under the influence of ANY substance, legal or illegal, prescription drugs or over the counter remedies.
So you see, even a teetotaler can run afoul of the law and be charged with DUI.
Jim Thorpe Office
Address:
57 Broadway
Jim Thorpe, Pennsylvania
18229-0359
Phone: (570) 325-2774
Phone: (610) 826-3600
Fax: (570) 325-0138
E-mail: nanolaw@ptd.net