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Searches and Evidence
In the United States, approximately 20 million people are pulled over by law enforcement per year (Baumgartner et al., 2020). Traffic stops are normally low-information encounters that involve a short conversation between the officer and occupants of a vehicle, followed by a computer check of names and tags, and the decision of whether to proceed with a search of the vehicle. Although it is normally an unwanted encounter, the Supreme Court of the United States has determined law enforcement has the authority to detain someone temporarily in the case of Terry v. Ohio 392 US 1 (1968). (Baumgartner et al., 2020). “For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason” (Romans 13:4). Law enforcement officers conduct traffic stops to keep the public safe and to discover crimes that have been committed that may be unrelated to the reason for the stop.
The Fourth Amendment to the United States Constitution is the guideline that law enforcement officers use to determine when they can legally search a vehicle during a traffic stop. The Fourth Amendment prohibits illegal searches and requires that officers have probable cause in order to conduct a search of a vehicle (Hess et al., 2017). Officers should consider reasonable suspicion, probable cause, and the totality of the circumstances when conducting a traffic stop. An officer should consider that the reason for the stop could be heavily scrutinized in court proceedings if the traffic stop results in criminal charges. Officers should ensure there is a valid lawful reason to conduct the traffic stop. The factors involved in the decision to conduct traffic stops can vary by location and time of day.
“Probable cause must be established before a lawful search or arrest can be made” (Hess et al., 2017, 4-1b). There are many factors considered that would give an officer probable cause to search a vehicle. The presence of illegal items in plain view, furtive movements, the criminal record of the vehicle occupants, training and experience of the officer, destruction of evidence, evasive responses given to the officer, and suspicious behavior are all factors in determining whether probable cause exists (Hess et al., 2017). The more factors present, the more strength there is to the probable cause to search. Evidence deemed to be obtained illegally will be subject to the exclusionary rule and will not be admissible in court (Hess et al., 2017).
References
Baumgartner, F. R., Bell, K., Beyer, L., Boldrin, T., Doyle, L., Govan, L., Halpert, J., Hicks, J., Kyriakoudes, K., Lee, C., Leger, M., McAdon, S., Michalak, S., Murphy, C., Neal, E., O’Malley, O., Payne, E., Sapirstein, A., Stanley, S., & Thacker, K. (2020). Intersectional encounters, representative bureaucracy, and the routine traffic stop. Policy Studies Journal, 49(3), 860–886. https://doi.org/10.1111/psj.12382
Hess, K. M., Orthmann, C. H., & Cho, H. L. (2017). Criminal Investigation (Eleventh). Cengage.
New International Bible. (2011). The NIV Bible. https://www.thenivbible.com/Links to an external site. (Original work published 1978)