Illegal Stop of Car

For the police to pull over your motor vehicle they need an objective reason to stop your vehicle. The two most common avenues that allow the police to stop your vehicle are:

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1. Observing a traffic violation

Any traffic violation however minor can be enough for a police officer to pull you over. Whether it's a broken taillight or you are going 1 MPH over the speed limit, this creates a reason that allows a police officer to pull you over. It's frustrating because the violations can be so minor or inconsequential. But it's the law. Depending on your situation, there may be ways to show that the officer's belief about a traffic violation was a mistake that causes the stop to become illegal. An example of this is in State v. George where the police pulled over a man claiming that his headlight configuration on his motorcycle was illegal. 557 N.W.2d 575 (Minn. 1997). However, it was later determined that his headlight configuration was legal. The Minnesota Supreme Court overturned the case because of the illegal search.

2. Reasonable Suspicion of Criminal Activity 

The police may conduct a brief investigatory stop based on reasonable suspicion of criminal activity. This is a lower standard than probable cause. But it is also more than a mere hunch. An example of where the police did not have enough reasonable suspicion of a crime to conduct a stop occurred in State v. Uber where the police stopped a car driving at 2 a.m. on University Avenue in St. Paul because the officer found it suspicious that he saw the car twice within a short period of time and his license plate was registered in Moundsview. 450 N.W.2d 623 (Minn. Ct. App. 1990). The officer testified that it was a high crime area and he thought this was enough to believe the driver was about to engage in crime. However, in reality, the driver was picking up a roommate from a friend's house and just got lost trying to find the house. The Minnesota Court of Appeals held that there was not reasonable suspicion of criminal activity justifying the stop.

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Each case is different and requires a close analysis of the facts.  Call Subzero Criminal Defense today. 651-248-5142.