QUESTION
Are regular police allowed to pull over people as they choose in my community college for no reason?
Asked on May 07th, 2013 on Litigation - Georgia
More details to this question:
I attended college in the past two weeks. I've noticed regular police, two cops in particular with motorcycles just sit near stop signs within my college and pull over people as they please. I was wondering if they're even allowed to pull over students like that on campus.
7 ANSWERS
Litigation Attorney serving Jackson, MS
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Derek L. Hall, PLLC
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An officer may not randomly stop or detain any citizen without reasonable suspicion or probable cause to believe a crime has been committed. Period. Both federal and state constitutions prohibit this type of conduct.
Answered on May 14th, 2013 at 5:44 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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The police need reasonable suspicion to effect a traffic stop. A traffic infraction would provide that justification, for example, an improper stop at a stop sign. If there is no traffic infraction or other exigency, the stops are invalid and illegal per the Fourth Amendment.
Answered on May 10th, 2013 at 5:21 AM
Geoffrey MacLaren Yaryan
There are certain constitutional requirements for detaining someone by police (stopping a motorists is a detention.) There must be a reasonable suspicion a person has committed, or is committing a criminal offense. Without such information, the police may not make a traffic stop.
Answered on May 08th, 2013 at 2:31 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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They can as long as it is within one mile of their regular jurisdiction.
Answered on May 08th, 2013 at 2:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to know whether or not they are actually policemen or security hired by the college. Generally, police can only pull over people if they have probable cause., My case it stops signs because people almost invariably do not make a complete stop and therefore subject to themselves to a stop by the police.
Answered on May 08th, 2013 at 2:30 PM
Yes.
Answered on May 08th, 2013 at 2:30 PM
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In order for the stop to be legal, the cops must have a reasonable suspension that a law violation has occurred in order to pull over the car. This can be minor, such as speeding or a defective license plate; but there must be a reason. If the cop is just pulling people over without a reason and then a reason develops after the stop, there is a good chance that the person could win a motion and have evidence suppressed and a good likely hood of getting the case dismissed. This is not an automatic process, unfortunately the government will not assert your Fourth Amendment rights for you, you must do this yourself. If more people challenged the reason cops contacted them in the first place, cops would be forced to change their ways. The government and cops count on you pleading to a low level traffic crime, such as an infraction and not assert your rights.
Answered on May 08th, 2013 at 2:30 PM