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  1. #1
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    Default Can an Officer Make a Traffic Stop Without Reasonable Suspicion

    My question involves criminal law for the state of: anywhere. So is it or is it not unlawful for an officer to pull someone over without reasonable suspicion?

  2. #2
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    Mar 2016
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    Default Re: Resonable Suspicion Officer Detention

    Quote Quoting marshap
    View Post
    My question involves criminal law for the state of: anywhere. So is it or is it not unlawful for an officer to pull someone over without reasonable suspicion?
    Why did you get pulled over? What reason did the cop give?

  3. #3
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    Default Re: Resonable Suspicion Officer Detention

    I just want to know the law on it.

  4. #4
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    Default Re: Resonable Suspicion Officer Detention

    You should keep all your comments in the same thread. Nodody wants piecemeal details. Texas is the state that apparently matters.

    Anyhow, as I told you in the other thread, the law (Terry v. Ohio is pretty much the deciding case nationwide) requires only that the officer be able to articulate a reasonable suspicion that a crime has been committed. He can't just pull people over randomly nor do so on a hunch. It's not necessary that he actually tell the person he is stopping the reason nor is it relevant that the person actually have committed or even be charged with the offense that he suspected was begin violated.

    Your wife's speeding is plenty sufficient. So was her immature driving escapades. Cops are then free to question the person and observe other evidence that may lead to other charges. This is the way many DUI stops are made.

  5. #5
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    Default Re: Resonable Suspicion Officer Detention

    I am not trying to post about the other thing I wanted to discuss the law. The case mentioned was actually making people only respond about that case. The law you just mentioned I don't think was ever mentioned in the thread. I will go look. I really would like to discuss the law without mention of that case. So the law is that it is unlawful for an officer to pull someone over without suspicion?

    How does he articulate reasonable suspicion?

  6. #6
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    Default Re: Resonable Suspicion Officer Detention

    You have been arguing that your wife was in the process of being pulled over for speeding when, rather than pulling over, she accelerated and then slammed on her brakes causing an accident with the officer who was trying to pull her over. You seem to believe that it is possible to prove that your wife was not speeding, and that the officer could not have reasonably believed her to have been speeding. Even if we imagine that to be the case, though, your wife wasn't actually pulled over for speeding -- the traffic stop did not occur until she caused the car accident.

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