SPECIAL REPORT:
Mistakes the police make . . . and how they can help you:
- Stopping a vehicle on the basis of an anonymous call. An officer
cannot rely on a phone call to stop you, if he does not observe poor
driving independently.
- Following a driver into his
residence without an invitation or without enough information to
justify the entry. Your home is protected under the Fourth Amendment.
- Basing an arrest on the statements of the driver alone.
The officer must have independent evidence to corroborate these
statements. This often arises when he has not seen you in physical
control of your car.
- Detaining a driver longer than is
reasonable to investigate. The constitution does not allow officers to
hold you without limit.
- Stopping a vehicle without an
articulable suspicion. An officer may not stop you just because he
thinks you are suspicious.
- Stopping a vehicle because it
stops in the middle of the street or it is driving too slow. Unless
there is a specific traffic ordinance you are violating, such as
impeding traffic, it is not lawfull for an officer to stop you.
- Weaving within a lane. The statute only requires you to drive as
nearly as is practible within a single lane. Some cases hold that one
weave into the shoulder is not enough reason for a stop.
-
Stopping a vehicle based on a misperceived violation of a law. The
officer must be right about his interpretation of the law.
- Stopping a vehicle for an improper sign. Street signs and lane
markings must comply with the Manual for Uniform Traffic Control
Devices.
- Failing to follow the rules of the Department of
Health and Intoxilyzer operation manual. These failures may invalidate
any alcohol testing.
- Stopping at an improper roadblock.
There are guidelines that must be followed to validate the stop.
- Stopping a vehicle just to check the driver's license
and registration. There must be an actual traffic violation or an
articulable suspicion of a crime.
- Stopping a vehicle
without being able to identify it as the one actually committing a
traffic infraction. Officers must be able to convince the Court that
they stopped the right car.
- Stopping a vehicle for no
reason at all. It's done. Officers usually do not show up in Court on
these.
- Blocking a vehicle's exit without justification. Officers may not restrict a drivers freedom to leave without a reason.
