Do the Police have to see me Committing a Crime when I’m Driving in Order to Stop Me?
If I’m driving down the road, minding my own business, do the police have to see me committing a crime in order to stop ? Generally speaking, the police do not have to see you committing a crime in order to stop you. Police officers are authorized to stop vehicles for a lot of different reasons, including vehicle equipment violations, petty misdemeanor traffic infractions like speeding and running a stop sign or even conduct that seems suspicious. Of course, if they think that you are driving erratically, they can also stop you to determine if you might be under the influence (DWI). If you are facing criminal charges in Minnesota that started out as driving conduct, make sure you consult with an experienced Minnesota criminal defense attorney.
“The police can stop you for speeding, having a broken tail light, or even weaving in your own lane. The standard is very low indeed.”
What is the Standard to Stop a Car?
Police officers in Minnesota are allowed to conduct traffic stops if they have what is called “reasonable articulable suspicion” that a traffic violation has occurred like speeding or equipment violations or if they see driving conduct that makes them suspicious that to be that a crime has been committed. This means that they can stop you even if they see you commit a traffic violation such as running a red light, speeding, no seatbelt or holding your phone while talking on it. At the same time, they can also stop you for driving too slowly or inconsistently or even weaving in your own lane. This allows them to investigate further for possible criminal charges like DWi charges.
While the standard for articulable suspicion is extraordinarily low, it does have its limitations. Police officers must have a valid reason and cannot simply stop you based upon your race, ethnicity, or other protected characteristics. Of course, if you are stopped, ticketed and/or arrested, the justification for the stop would almost never been documented as a one based upon race, ethnicity, etc.
“Because the standard is so low, Courts will regular defer to a Police Officers’ training and experience when justifying a stop.”
If you are facing criminal charged based upon a police officer stopping your case, whether it is a DWI, a drug charge or anything else, having an experienced Minnesota criminal defense attorney may be critical. They can tell you your rights, what you are facing, and where you should go next.
Go with the Best
Jack Rice is a nationally experienced Minnesota criminal defense attorney and Board Certified Criminal Law Specialist. He is also a former CIA Officer and a former prosecuting attorney, and the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.