Can Police Make Random Vehicle Stops?The Supreme Court has held that random vehicle stops are unreasonable seizures under the Fourth Amendment. Police officers must have probable cause to stop vehicles or a reasonable suspicion that a driver is violating some law or traffic code. Police therefore cannot randomly stop vehicles simply to make checks of drivers licenses or to view drivers and passengers unless there is a reason to suspect them of some kind of wrongdoing. If a police officer does make a random stop of a vehicle, any evidence found in the car or on the passengers can be suppressed. What About Stops at Roadblocks?According to the Supreme Court, random stops are an unconstrained exercise of discretion because they are random. Roadblocks where every motorist is stopped and questioned are allowed because the choice of who to stop is not random. It is not even required that every motorist is stopped as long as the decision on who is stopped is based on a neutral, predetermined system, such as every fifth car.
However, there must be some public interest in having the roadblock. This interest can be satisfied fairly easily in many states, however. For example, sobriety checkpoints have been held constitutional, though several states have invalidated their use under state laws. What Should I Do if I Feel I Have Been Stopped Randomly?Even if you believe that you have been stopped randomly or without reason, you should cooperate fully with the police officers and follow normal guidelines for traffic stops. Try to learn the reason for your stop. Remember that you do not have to answer questions without speaking to a lawyer if you so choose and that the police cannot search your car during a stop without probable cause. If the police have stopped you without a reasonable suspicion then you can seek to have any evidence they may find suppressed. Do I Need a Lawyer?
If you have been arrested following a stop without reason or probable cause, you should contact an experienced criminal defense lawyer immediately. A lawyer can advise you of your rights and defenses under the law and seek to have any evidence found in the course of the traffic stop suppressed. A lawyer can also represent you in court. |
