What Is an Illegal Traffic Stop?

 Posted on October 24, 2024 in Traffic Violations

The police cannot simply pull over whoever they want, whenever they want, without a good reason. If you were pulled over illegally, any evidence of a crime the police found during that stop can be thrown out of court. If the only evidence the state has against you is what the police found during an illegal traffic stop, that probably means your case will be thrown out. Illegal traffic stops most commonly result in DUIs, drug possession charges, and weapons charges. If you were charged with any of these offenses following a traffic stop, you need a knowledgeable Will County, IL criminal defense lawyer to help you. There may be grounds for dismissal if you were illegally pulled over while driving.

The Reasonable Suspicion Standard

To legally make a traffic stop, a police officer must have reasonable suspicion that someone in the vehicle is committing a crime. The crime the officer suspects can be as minor as driving with a broken tail light or not wearing a seatbelt. The police officer must have an articulable reason to think there is illegal activity taking place in a vehicle. The facts used to establish reasonable suspicion must be strong enough to make most ordinary people suspect that a crime is being committed. Traffic stops cannot be based on a hunch or a feeling.

Discrimination and Traffic Stops 

Police cannot pull people over based on their race, perceived socioeconomic status, or apparent religion. However, it is well-known that police are sometimes prone to pulling over people of color or people who are driving in a wealthy area and do not appear wealthy. These are not lawful reasons to pull someone over.

Mistaken Suspicion and Arrests on Other Grounds

A traffic stop can be legal even if it turns out that you were not committing the crime the officer reasonably suspected you were. For example, say a police officer sees a car swerve and reasonably suspects that the driver is drunk. After initiating a traffic stop, the officer finds that the driver is perfectly sober and only swerved to miss a squirrel. However, the officer sees a handgun being illegally transported in plain view on the passenger seat. Evidence of the illegal firearm mishandling can still be used in court because the initial stop was legal.

Contact a Will County, IL Criminal Defense Lawyer 

Law Offices of Jack L. Zaremba, P.C. is experienced in using constitutional arguments to help people accused of DUI and other crimes. Knowledgeable Joliet, IL criminal defense attorney Jack Zaremba will do all he can to make sure illegally obtained evidence is excluded. Contact us at 815-740-4025 for a complimentary consultation.