A traffic stop is supposed to be based on reasonable suspicion that a driver has committed a crime. However, not all stops are lawful.
If a police officer pulls someone over without a valid reason, any evidence obtained during the stop may be challenged in court. Below are some common examples of unlawful traffic stops in Georgia.
Stopping a driver without reasonable suspicion
Police must have a specific reason to stop a driver. This means they must observe a traffic violation, such as speeding or running a red light, or have reasonable suspicion of criminal activity. If an officer pulls someone over without a clear reason, the stop may be illegal. For example, stopping a driver simply because they are in a high-crime area or because they “look suspicious” is not enough.
Racial profiling
It is unlawful for police to stop a driver based solely on race, ethnicity or other protected characteristics. Racial profiling violates constitutional rights. If an officer pulls over a driver because of their race rather than a legitimate traffic violation, the stop is unconstitutional. Any evidence gathered from such a stop may be suppressed in court.
Extending a stop without justification
Even if a traffic stop starts legally, an officer cannot prolong it without a valid reason. Once the officer has checked a driver’s license, registration and insurance, they must let them go unless they have reasonable suspicion of another crime. Asking unnecessary questions, calling in a drug-sniffing dog without cause or delaying the stop for an unreasonable amount of time can make it unlawful.
If you have been charged based on a traffic stop, you have a right to assess whether proper procedures were followed. Seeking legal guidance can help you build the best possible defense strategy.