AboutMike Martin Expertise I have been a certified Police Officer for 33 years. While I cannot answer legal questions (I am not a lawyer, just a cop) I can answer questions related to proper police procedures and techniques. I cannot answer questions involving employment qualifications. Each department is different. You will need to check with the department where you wish to apply.
Expert: Mike Martin Date: 6/27/2008 Subject: Traffic stop and search
Question QUESTION: Last evening I received a call from a friend stating that she had been stopped for a taillight being out. Her license, registration and insurance were all valid. Furthermore, she has a clean record,with the exception of a stop sign violation. She is a single mother of twins, works full time nights as a baker, and is a full time student during the day.
Taking into account these facts, I was shocked to find she had been asked if she had drugs in the vehicle, and was subjected to a search. Of course the only things in her vehicle, were two car seats, CD's, and her usual pile of paper and trash. He issued a citation for the taillight, and left. I call into question this officer's intent, as there was no probable cause. Stopping a 22 year old female for a light out, late at night, on a dark, secluded road, then making them get out of there vehicle while he searches it, truly makes me question what he was looking for.
Having said all of this, my questions are, 1. What in your opinion would constitute probable cause? 2. What recourse should be available to the individual who feels their rights have been violated?
Thank you for your time!
ANSWER: If there was an equipment violation, that is probable cause for the traffic stop. As for the search, in my state, she would have had to consent. And let me ask.....this officer knew this was a 22 year old female on and dark secluded road before he made the stop just how?
As for recourse, see an attorney.
---------- FOLLOW-UP ----------
QUESTION: Thank you for your response. I understand the reason for the stop was the taillight. That's something that could happen to anyone. The light might have just gone out seconds before. Regardless, I fully understand that was the reason for the stop. To get more to the heart of my question, as an officer, what is the thought process to determine whether a search of a vehicle is warranted? What criteria is it based on? I would hope that everyone stopped for a taillight violation would not have their vehicle searched as a matter of protocol. Additionally, I'm fully aware the officer did not know the person in the vehicle prior to the stop, but again, at what point would you in your experience, have made that determination, and what factors would you have based it upon?
Thank you
Answer Keeping in mind that I have no idea where you are or the laws in your State, there is no set criteria that I am aware of. Mostly it depends on the officer himself and his feeling of the situation. You said the young lady is a baker. Perhaps the officer saw some white powder that was actually flour, but it triggered a suspicion. I can't second guess the officer since I was not there.
