QUESTION
Does an officer have to have a valid reason for pulling you over?
Asked on Jul 13th, 2012 on Criminal Law - Michigan
More details to this question:
Basically, when the police officer was asked what the stop was for he said he thought he saw something hanging out the back, and then added about the driver not wearing a seat belt. No tickets were issued about driving. It happened in grayling michigan.
9 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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A police officer needs a reason to make a stop. A vehicle fault such as a missing light, a noisy muffler, or an expired license plate can justify a vehicle stop. If the driver was not wearing a seat belt and the officer observed that violation, a stop would be justified. You say that no tickets were issued about driving but you don't say if tickets were issued and what they were for. I don't really understand the purpose of your question. You might want to stop at a Secretary of State Office and get their free booklet about "What every driver must know".
Answered on Aug 19th, 2012 at 9:43 PM
Michael J. Breczinski
Either one of his reasons would be grounds for him pulling the car over.
Answered on Aug 13th, 2012 at 5:16 PM
Yes, police need probable cause or a reasonable suspicion to stop someone. Under current Michigan law all the police need is to say that the driver or front seat passenger wasn't wearing their belt or they thought they weren't wearing their belt and that's enough unless you can prove they are lying...good luck proving that.
Answered on Aug 13th, 2012 at 5:15 PM
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry The answer is "yes" a police officer needs to have a valid reason to pull a vehicle over. In most cases, the remedy is suppression of any evidence which may be used at trial as a result of the illegal stop. Alternatively, it could be a Civil Rights violation. If you were not charged with anything, then suppression is not a viable remedy. As for Civil Rights, you may want to contact an attorney who handles such things. I hope that this was helpful.
Answered on Aug 13th, 2012 at 5:15 PM
An officer simply has to have probable cause to pull you over for a traffic stop. This can be for running a red light, speeding, or any other traffic or ordinance violation. If a officer does not have valid probable cause, then that ticket or citation can be challenged in court.
Answered on Aug 13th, 2012 at 5:15 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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In order to effectuate a traffic stop, the officer has to have either witnessed a traffic infraction (speeding, no seat belt, obstructed view, etc.) or have reasonable suspicion that a crime is being committed. Without either, the stop is a violation of the 4th Amendment. A mistaken belief that a traffic infraction has occurred or a crime might be afoot is sufficient. If the officer does not issue you a citation for traffic infraction, it does not mean one did not exist, as police have the discretion not to issue a citation.
Answered on Aug 13th, 2012 at 3:57 PM
Leonard A. Kaanta
He thought he had probable cause, and no citations were given.
Answered on Aug 13th, 2012 at 2:31 PM
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Musilli Brennan Associates, PLLC
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Yes, there has to be a valid reason to stop, but it appears the police offered one. I take it that you were ticketed for failure to wear a seat belt, the question is then how much are you willing to spend to potentially to avoid the fine and other ramifications. I really need more details before I can give you firm advise.
Answered on Aug 13th, 2012 at 2:27 PM
Dennis P. Mikko
Yes, an officer has to have a valid reason to make a traffic stop. Based on the facts you state, not wearing a seatbelt in Michigan is an offense for which an officer could make a traffic stop. If the officer truly believed that you were not wearing a seat belt, he could stop you to investigate. Also, having something hanging out the back of your car may give sufficient reason to make a stop.
Answered on Aug 13th, 2012 at 2:25 PM