Can a Cop Charge Me with Citations Without Probable Cause?

Question from Nique, Can a Cop Charge Me with Citations Without Probable Cause?

Answer from AI:

In the United States, law enforcement officers need a certain level of justification to stop a vehicle. This justification can come in the form of probable cause, reasonable suspicion, or articulable suspicion. Let’s break down these terms and their implications for traffic stops and citations.

Understanding Probable Cause and Reasonable Suspicion

• Probable Cause: This is a higher standard of proof and means that the officer has enough evidence to believe that a crime has been committed. For example, if an officer sees you run a red light, they have probable cause to stop you.
• Reasonable Suspicion: This is a lower standard than probable cause. It means that the officer has a reasonable belief, based on specific and articulable facts, that you may be involved in criminal activity. For instance, if you are swerving between lanes, the officer might have reasonable suspicion that you are driving under the influence.
• Articulable Suspicion: This is closely related to reasonable suspicion and means that the officer can clearly explain the reasons for their suspicion.

What Happens If There Is No Justification?

If an officer stops you without probable cause, reasonable suspicion, or articulable suspicion, any evidence obtained during the stop may be inadmissible in court. This principle is based on the Fourth Amendment, which protects against unreasonable searches and seizures.

Can You Be Charged If You Keep Going?

If you continue driving and the officer stops pursuing you, the situation becomes more complex. Here are some potential outcomes:

1. Failure to Stop: In many jurisdictions, failing to stop for a police officer is itself a violation. You could be charged with evading or fleeing an officer, which is a serious offense.
2. Subsequent Citations: If the officer later identifies you and believes they had a valid reason to stop you, they might issue citations by mail or through other means.
3. Legal Challenges: You can challenge the validity of the stop and any subsequent citations in court. If you can prove that the officer lacked the necessary justification, the charges may be dismissed.

Legal Precedents and Resources

Several court cases have addressed the issue of unlawful stops and the admissibility of evidence:

• Terry v. Ohio: This case established the standard for reasonable suspicion.
• United States v. Leon: This case discusses the exclusionary rule, which can prevent unlawfully obtained evidence from being used in court.

When to Consult a Legal Professional

If you find yourself in a situation where you believe you were stopped without proper justification, it is crucial to consult with a legal professional. An attorney can help you understand your rights, evaluate the specifics of your case, and provide personalized advice.

Steps to Take

1. Document the Incident: Write down everything you remember about the stop, including the time, location, and any interactions with the officer.
2. Gather Evidence: If possible, collect any evidence that supports your claim, such as dashcam footage or witness statements.
3. Consult an Attorney: Seek legal advice to understand your options and the best course of action.

For more information on your rights during a traffic stop, you can visit the ACLU’s Know Your Rights page.

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney for guidance specific to your situation.