Traffic stops: When may an officer stop a motorist?

An officer may stop a motorist if the officer has reasonable suspicion, based on an articulable set of facts, that the driver or a passenger has committed a felony in the past or is committing a felony or misdemeanor or violating a traffic law or has a safety infraction.

How should a motorist respond when an officer signals for him or her to stop?

Upon a show of authority by the police, i.e., flashing lights, siren, hand signals, the motorist should pull to the side of the road as soon as it is safe to do so.

What can a motorist expect from an officer during a stop?

A motorist can expect to be required to produce a valid driver’s license and a valid vehicle registration. The officer will take these documents to determine if there are outstanding warrants or if the vehicle has been reported stolen. The driver and passengers may be required to exit the vehicle.

The police may detain them no longer than reasonably necessary to conclude the traffic stop by issuing the appropriate tickets or warnings. Although there is no specific amount of time that makes the stop unreasonable, it is probably 20 to 30 minutes. It is permissible to have a K-9 circle the outside of the vehicle, provided there is no unreasonable delay in obtaining the dog.

If the officer’s reasonable suspicion goes beyond a mere traffic or safety infraction, the officer may take reasonable steps to dispel or confirm his or her suspicions. For example, if the officer has reasonable suspicion that the driver is under the influence of alcohol or drugs or impaired by alcohol or drugs, these steps may include field sobriety tests and a breathalyzer test. If reasonable suspicion becomes “upgraded” to probable cause, the officer may arrest the individual.

Source: Byron L. Warnken practices at Warnken, LLC, Attorneys-at-Law, in Towson. He is a professor at the University of Baltimore School of Law. Warnken can be contacted at  Byron.Warnken at warnkenlaw.com.