Walk It Through: Traffic Stop
A real stop, decision by decision.
You see lights in your mirror. What's the first move?
Two things a person in this spot might do. Picking one shows what the law says about it.
A passenger's position, how long a stop may last before it becomes something else, and what follows if the stop turns into an arrest are each their own question rather than a branch here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Consensual encounterAn officer speaking to a person without having stopped them. No suspicion of any kind is required, because legally nothing has happened yet.
- FriskA pat of the outer clothing for weapons, allowed during a lawful stop when the officer has reasonable suspicion that the person is armed and dangerous. It is a search for weapons, not for evidence.
- Investigative detentionA brief seizure of a person on reasonable suspicion, lasting only as long as it takes to confirm or dispel that suspicion. The person is not free to leave, and is not under arrest either.
- Probable causeFacts that would lead a reasonable person to believe a crime has been committed and that this person committed it. It is the threshold for an arrest and for a search warrant.
- Reasonable suspicionSpecific facts an officer can put into words that point to a particular person being involved in a particular crime. It is the threshold for a brief investigative stop.
- Seizure of a personThe moment a person is no longer free to leave, by physical force or by a show of authority they submit to. Everything the Fourth Amendment requires starts counting from that moment.
- ConsentVoluntary agreement to a search, judged on the totality of the circumstances. Valid consent removes the need for a warrant and for probable cause.
- Ordering occupants outDuring a lawful traffic stop an officer may order the driver out of the vehicle, and may order the passengers out as well, without any additional suspicion.
- Pretextual stopA stop supported by an actual traffic violation but motivated by an unrelated interest. Where the violation exists, the officer's motive does not make the stop unlawful under the Fourth Amendment.
- The mission of the stopThe tasks that address the reason for the stop and attend to related safety concerns. A stop may last no longer than it takes to complete them, and adding unrelated investigation beyond that point is a separate seizure requiring its own justification.