Unlawful Police Stops
The police may lawfully stop an individual when officers have specific, articulable facts that give them reasonable suspicion or probable cause to believe that the individual has violated the law, such as by committing a traffic offense or a crime. However, various actions by police officers can result in an unlawful stop. This gives suspects or criminal defendants claims to defend against criminal charges or seek other relief from officers’ unlawful actions.
What Police Actions Cause a Stop to Become Unlawful?
Various types of police conduct can result in an unlawful traffic stop or lead to a lawful stop turning into a violation of a person’s rights, including:
- Initiating a Stop Without Reasonable Suspicion – Police must have reasonable suspicion of a traffic infraction (for vehicle stops) or a criminal offense to stop a person lawfully. Police may conduct an unlawful stop when they base their actions on arbitrary “hunches” or engage in misconduct such as racial or religious profiling, which involves suspecting a person based on their race, skin color, national origin, or religious affiliation.
- Conducting a Pretextual Stop – A police stop may become unlawful when police look for any lawful pretext to justify a stop to investigate an individual for a different crime. For example, a pretextual stop may occur when police wait until a driver commits a minor traffic offense, such as failing to signal before a lane change or turn, running a stop sign or red light, or traveling slightly over the speed limit. Signs of a pretextual stop include police following a person whom they have a hunch of committing a crime or immediately questioning a person about matters unrelated to the stop.
- Prolonging a Valid Stop Without Reasonable Suspicion or Probable Cause – A lawful stop can become unlawful when officers prolong the stop without reasonable suspicion or probable cause of another offense. Police may investigate other possible criminal offenses while resolving the legitimate reasons for the stop. However, once officers resolve the purpose of the stop (such as by issuing a driver a ticket), they may not continue to detain the person without reasonable suspicion or probable cause of a different criminal offense. Continuing the stop may constitute an unlawful action by police officers.
- Failing to Read a Person Their Rights – When police choose to question someone about criminal activity after detaining or arresting them, officers should advise them of their Miranda rights – their right to remain silent and receive legal counsel. Failing to inform a suspect of their rights or ensure they understand those rights may result in unlawful questioning by investigators.
Consequences of Unlawful Police Stops
An unlawful police stop can have significant consequences on a criminal prosecution. First, a defendant may seek to exclude any evidence obtained by police during an unlawful stop under the exclusionary rule, which serves as a sanction against police and prosecutors for violating people’s rights through unlawful investigatory activity. Depending on the importance of excluded evidence, an unlawful police stop may lead to the dismissal of criminal charges for lack of evidence. Finally, a person who becomes the victim of an unlawful police stop may have civil claims against the officers and police department for physical injuries or property damage caused by officers during the stop.
Contact a Criminal Defense Attorney
If you’ve experienced an unlawful police stop, you may have legal options for vindicating your rights and fighting criminal charges arising from the stop. An experienced criminal defense lawyer can investigate your case to determine the legality of the police’s actions. Contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with our team to discuss how an unlawful police stop may affect your defense against criminal charges.