Can a Cop Pull You Over for No Reason?

Can Off-Duty Cops Pull You Over?

Effectively, police officers are never off-duty. Their oath to enforce the Constitution does not become inactive when they end their shift. Thus, if an off-duty police officer witnesses you violating a law, they have the right and obligation to pull you over and issue you a ticket or arrest you.

However, since most traffic infractions are not misdemeanors or felonies, off-duty police are unlikely to pull you over for most traffic infractions. You probably have to be putting other people’s lives in danger before an off-duty police officer will pull you over.

Can a Sheriff Pull You Over?

This question and “Can a constable pull you over?” are common questions we receive at our law firm. A sheriff has the full authority to detain you.

Sheriffs typically have smaller jurisdiction than other types of police officers. When you are detained on an interstate, it is usually by a state trooper. They have jurisdiction to pull you over anywhere within the confines of the state.

Conversely, a sheriff typically only has jurisdiction in the county where they were elected. However, this doesn’t mean you should try to evade a sheriff by fleeing beyond their jurisdiction.

Can a Cop Pull You Over Just To Check Your License?

The Fourth Amendment of the Constitution protects you from unreasonable search and seizure, even while you are in your vehicle. A police officer has to have probable cause that you committed a crime before pulling you over. 

If a police officer wants to “check your license,” they may have a suspicion but don’t have probable cause until after the check is complete (and only if that check returns something like a warrant on your record).

Conversely, this doesn’t prevent a police officer from checking your license if they pull you over for another reason. If you are pulled over for reckless driving in Nevada, the police officer (or their partner) can check your license while issuing you a ticket.

Can a Cop Pull You Over if You’re Already Parked and Out of the Car?

If you are already parked and out of your vehicle, you have already “pulled over.” The real question here is whether a police officer can give you a ticket after you have already exited your vehicle.

They can. If a police officer witnesses you violating a traffic law, they have the right to issue you a ticket for that behavior, even if you have already exited your vehicle by the time they catch up with you.

You must behave the same way you would if they pulled you over and walked up to your window. When asked, you must provide them with your license and insurance information.

You may be able to fight the ticket in court if the police officer can’t prove that you were driving. However, just because they were slow to pull you over doesn’t mean they didn’t see your face.

Do Cops Have To Tell You Why They Pulled You Over?

Surprisingly, a police officer does not have to tell you why they pulled you over. Most will, but it is not required by law. Based on that, can cops stop you for no reason? No. As previously noted, they must have a legal reason.

However, this is complicated by yet another issue. According to the Supreme Court case Heien v. North Carolina, if a police officer pulls you over due to a good faith mistake, that does not make the action illegal.

Another example of where a police officer may not tell you why they pulled you over is at DUI checkpoints, which prevent DUI accidents, and the police aren’t required to explain why you are being pulled over at them.

Eight Kinds of Illegal Police Stops

People in the United States have the right to be free from harassment from the police. In other words, police powers are limited in the United States. The United States Constitution protects people from unlawful interference from federal, state, and local law enforcement.

In order to protect your rights, it’s helpful to see examples of illegal police stops. Here are eight different kinds of impermissible police stops explained by our Las Vegas car accident attorneys.

1. No Reasonable Cause

The police can only stop you when they reasonably suspect that a crime has been or is being committed by you. Law enforcement can’t stop you unless they can articulate why they believe you are doing something against the law.

It’s not enough for the police to make up a reason, either. Their motive for stopping you must be reasonable under the circumstances when looking at it objectively. Terry v. Ohio, 392 U.S. 1 (1968) is the U.S. Supreme Court case that establishes the individual’s right to be free from police stops without suspicion or evidence of a crime.

2. Changed Purpose/Fishing Expedition

When the police stop you, they can only keep you for the time needed to handle the reason they stopped you in the first place. The police can only change topics or hold you to investigate new questions in limited circumstances.

For example, if they stop you for a routine traffic matter and then see drugs on the floor of your vehicle, they can investigate. However, they can’t keep you until a drug-sniffing dog arrives if there are no drugs in sight and they have no reasonable grounds for suspicion of illegal activity. It’s illegal to go on a fishing expedition during a police stop.

3. Race or Gender

The police can’t stop you because of your race, gender, how you’re dressed, or the fact that you’re in a high-crime area.

The police can’t conduct stops based on how people look or other kinds of prejudice. If they suspect you of a crime, they can stop you. However, if they stop you because of race and other biases, it is an illegal police stop.

4. Hunches

At times, some police might be convinced that something is true and want to investigate it further.

However, it’s illegal for the police to stop people based on a hunch. They have to be able to explain a valid reason for the stop. Explanations like “I just knew” or “based on my years of experience” are insufficient. A simple hunch is an impermissible reason for a police stop.

5. Criminal History

People who are known to law enforcement may make unfair targets for police.

The police may want to stop and harass someone because they’re recognizable to law enforcement. While the police can run your license plate while driving, they can’t stop you just because you have a criminal history. Of course, this is different when you’re on probation or parole. However, once you’ve served your sentence, you get a fresh slate.

6. To Give You a Type of Present

Turn on your local news during the holiday, and you might find a feel-good story about the police. For example, they may stop motorists to give them a turkey or a Christmas gift. Even though it might seem like a nice gesture, the truth is that the police cannot stop a motorist without a reason related to law enforcement.

If they have a reason to believe that you committed a traffic offense, they can surprise you with a turkey instead of a traffic ticket. However, they cannot stop a law-abiding motorist without suspicion of a traffic violation.

7. Anonymous Tips

Anonymous tips generally cannot be the basis for a police stop.

That’s because the police may not have the specifics they need to evaluate the information. Also, they don’t have a way to assess the tipster’s credibility. Sometimes, an anonymous tip can be enough, but it has to provide more information than just identifying the person. An anonymous tip must be reliable and more than an accusation.

In Florida v. J.L. (2000), the police received an anonymous tip that a man at a bus stop had a gun. They didn’t have any independent suspicion that the man was committing a crime, but they frisked the man anyway and found the unlicensed weapon. However, the courts concluded that an anonymous tip of that nature was insufficient to sustain a criminal charge.

8. To Satisfy Incentives

It might seem unbelievable that the police would stop vehicles just to get an extra day of vacation, but it’s been done.

It’s illegal for the police to get incentives, like a day off work or a gift card, for the number of tickets or stops they make. That kind of incentive program gives the police a strong bias and inappropriate motivation to do their work. If the police stop you because they’ve been promised something for doing it, it’s an impermissible police stop.

What Are the Correct Police Traffic Stop Procedures?

Once police witness a potential traffic violation or suspected illegal activity, they should follow correct traffic stop protocols. This involves following or approaching the vehicle and using flashing lights to signal that the driver should pull over. 

The police should park behind the vehicle once it’s stopped. The police will check the license plate to determine if there are any outstanding tickets or if the vehicle’s owner has outstanding warrants for arrest.

The police officer will approach the driver’s side window and ask to see the driver’s identification, proof of insurance, and vehicle registration. In most situations, the police officer will identify the infraction and either discuss the situation with the driver before letting them go with a warning or give them a ticket.

Are You Allowed to Walk Away From a Police Officer?

Yes, you are allowed to walk away from a police officer if you are not detained under reasonable suspicion of committing an offense and if the police don’t have a warrant for your arrest. You don’t have to stay and answer questions if you’re a witness or if the police just want to make small talk.

Some states have stop and identify laws, so you may have to give your name to the police if they suspect you of committing a crime. However, in general, if you are under no suspicion, you are allowed to walk away from a police officer.

If a Cop Runs Your License, Does It Go on Your Record?

If a cop checks your license to determine any information about you, that check may appear on internal traffic records. However, it will not appear on your criminal record.

Your criminal record includes information about arrests, convictions, and penalties served. A police officer checking whether there are warrants or infractions associated with your license will not appear on your criminal record.

Do cops run your plates when they are behind you? Many probably do, even if they shouldn’t.

If you believe a police officer ran your license for any reason, there should be a record of that request in the system. If you believe that the police officer illegally requested that information, you should inform your lawyer, and they can investigate to determine whether your rights were violated during the traffic stop.

When Can State Troopers Pull You Over for Suspicion of a DUI?

Just like any other time an officer pulls you over for suspicion of a DUI, they need to have probable cause that you committed a crime. However, there are two caveats to this.

The first caveat is that police may set up a DUI checkpoint and require everyone to stop for it. In this situation, you are not being singled out. Everyone who travels that road is pulled over and subject to the same investigation.

The second caveat is that you don’t innately have the right to refuse a DUI test. You agree to submit to these tests when you get a license. If you refuse a test, that doesn’t necessarily mean you will be arrested, but it usually means your license will be suspended.

What About DUI Checkpoints?

Police set up DUI checkpoints to prevent people from driving while intoxicated. DUI checkpoints are common near significant sporting events, concerts, public fireworks displays, or New Year’s Eve celebrations. Police should follow DUI checkpoint protocols, and as long as they do so, motorists should cooperate during a DUI checkpoint stop. Understanding the checkpoint protocols and what police are allowed to do ensures you know your rights and aren’t subjected to an illegal stop.

What To Do on My First Police Stop

Police stops are stressful for motorists and police officers. Police are vulnerable to passing vehicles and don’t know how the traffic stop may progress when approaching a vehicle. Consequently, police are on high alert for any signs of danger.

Drivers and passengers can protect themselves by taking the following actions:

1. Stay calm: This might be easier said than done, but being emotional will only increase tension during a traffic stop. 
2. Pull over as soon as possible: Choose a safe place to stop.
3. Bring the car to a complete stop: Put the vehicle in park and shut off the engine. This tells the police officer you’re ready to cooperate and don’t plan to hit the gas and speed off when they approach your vehicle.
4. Throw the keys on the dashboard: This reinforces your intent to remain at the scene.
5. Put your hands on the dashboard: Make sure your hands are visible at all times. This prevents them from worrying that you’re reaching for a weapon or suspecting you’re doing something illegal.
6. Do not exit the vehicle: You should remain in the vehicle unless you’re asked to get out. Exiting the vehicle without being asked suggests a potential threat and increases the tension during a police stop.
7. Limit verbal interactions: Some states require you to identify yourself when asked, and failing to do so can be grounds for an arrest. Otherwise, you can tell the police officer you’re exercising your right to remain silent and decline to answer other questions. You’re not obligated to tell the officer where you’ve been, what you’re doing, or where you’re going. Answering some questions may put the officer at ease, but you shouldn’t provide any unnecessary information during your traffic stop.
8. Ask the police officer why they stopped you: They must have a valid reason, such as your failure to use a turn signal or a busted brake light. Although police traffic stop procedures don’t require officers to tell you the reason for the stop, asking may help you determine if it’s an illegal stop.
9. Decline consent for a search: Police can’t frisk you without your consent unless they suspect you have a weapon. They can’t search your car without consent or reason to suspect criminal behavior. Stating that you do not consent to a search is a crucial way to protect your rights if you’re the victim of an illegal search.

There are two other things you can do to protect your rights, particularly if you’re the victim of an illegal traffic stop.

1. Memorize the officer’s badge number: Make a note of identifying information and any details that could be relevant.
2. Record the stop with your cell phone: You have the right to record your stop, and video evidence can protect you from false allegations. 

What Happens Next After an Illegal Traffic Stop?

Typically, if you are the victim of an illegal traffic stop, you are likely to receive a ticket for some reason or be arrested for something. If the police officer knew the stop was illegal, any ticket or arrest is also likely to be deemed illegal by a judge.

You should contact a civil rights lawyer immediately if you believe you are the victim of an illegal traffic stop. Also, do not make any statements to the police or admit to anything. While an experienced lawyer may be able to protect you even if you admit to a crime, it is easier if you say nothing.

The worst thing you can do after an illegal traffic stop is lash out. Police officers can use aggressive behavior to justify arrests or violence against your person.

What To Do if You’re the Victim of an Impermissible Police Stop

If you’re the victim of an impermissible police stop, you can take action. You may be able to suppress the evidence gathered against you if you receive a traffic ticket or a criminal charge during an illegal stop. A skilled criminal defense attorney can use evidence of an illegal stop to get your case dismissed. Also, you may be able to file a legal claim in order to hold law enforcement accountable for their actions.