Unlike so many of us here so often, Jim Hodgson is writing about a topic in which he has directly relevant experience as he explains some of the issues involved in the Los Angeles (nutso-cuckoo) proposal to have non-law enforcement personnel regulate traffic violations. His Comment of the Day is lengthy but ethically delicious and nutritious, so I am going to be uncharacteristically brief in my introduction. Here is Jim’s Comment of the Day on the post, “More Weird Tales From The Great Stupid: Oh Yeah, This Will Work Out Well…”:
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There’s a lot to be unpacked on this topic. I have never found the term “pretextual stops” accurate for typical traffic stops, even when there is an enforcement emphasis on interdiction of illegal drugs or firearms. Officers are trained to be alert for signs of criminal activity and to investigate accordingly. When suspicion rises to the level of “reasonable suspicion,” officers are authorized (and expected) to detain people to determine whether or not there is criminal activity.
If reasonable suspicion becomes confirmed to the point of “probable cause” to believe that a felony crime is being or has been committed, then arrest is authorized. In my state and every state with whose laws I am knowledgeable, the traffic code is separate from the criminal code (except for overlap in areas like vehicular assault, vehicular homicide and perhaps habitual drunk driving) and are instead considered a regulatory function.
A legal traffic stop will begin when an officer witnesses a traffic violation and either initiates the stop or communicates with another officer who does so. If there is no actual traffic violation then there is no valid basis for a stop, making it a Fourth Amendment violation. If the traffic stop is factually valid, and the officer subsequently sees evidence of crime in plain view, or develops reasonable suspicion based on what he or she perceives with the five senses, the traffic stop can move into the territory of a “Terry stop,” justifying further inquiry, leading to a decision of whether or not there is probable cause for arrest.
Officers are trained to always cite or charge the violator with the original violation that precipitated the traffic stop, whether or not the extended detention results in an arrest. (In the litigious world we live in, officers are growing less and less prone to issue mere verbal warnings for traffic violations, due to frequent subsequent claims that, “If I had actually broken the law, the officer would have written me a ticket!”) This traffic stop process applies whether the violator is merely a bad or careless driver, a drug trafficker, gun runner, a burglar carrying a trunk load of stolen loot or a kindly-looking guy with a dead body in the back floorboard.








