What rule of law gives police officers the right to make traffic stops?

A traffic stop is a temporary detention of a driver of a vehicle by police to investigate a possible crime. The Supreme Court has determined that a traffic stop may be made only when there is reasonable suspicion that a crime has occurred or is about to occur. That standard was set out in the case of Terry v. Ohio, 392 U.S. 1 (1968). In the case, the Supreme Court decided that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when a police officer stopped a suspect on the streets and searched him without probable cause to arrest.

Depending upon the severity of the crime that the officer believes to have occurred, the officer may arrest the suspect or issue a citation. In some cases, officers may choose to issue a verbal or written warning. The court stated that police may detain a person if they have reasonable suspicion that the person has committed or is about to commit a crime. Police may search the person's outer clothing for weapons if they have reasonable belief that the person is armed. This suspicion must be based on "specific and articulable" facts and not merely on the officer's hunch. The Terry standard was later applied to temporary detentions of persons in vehicles

Traffic Ticket Information | Find a Traffic Ticket Attorney