When is a Traffic Stop Legal?
When Can Police Pull You Over in Minnesota? Understanding your rights.
Minnesota law enforcement officers must have a legally valid reason to for a traffic stop. If an officer pulls you over without a valid reason, any evidence they obtain after pulling you over may be thrown out, and your case may even be dismissed.
When can law enforcement pull you over?
In general law enforcement must have at least reasonable, articulable suspicion for any traffic stop. This means they must be able to point to specific facts that they believe show that you are involved in criminal activity. This could be as simple as a traffic violation, such as speeding, or suspicious driving behavior such as swerving or braking erratically. Equipment violations or having a warrant would also be a reason to pull you over. The point is that it must be at least reasonable to believe that you are breaking the law.
When can’t law enforcement pull you over?
Law enforcement cannot pull you over based on a “hunch.” This means just because they have a feeling that you are involved in criminal activity does mean they can pull you over. They must be able to articulate why they think you are involved in criminal activity. They also cannot pull you over based solely on your race, age, or gender. Law enforcement must have a specific reason to stop you based on observable facts.
What if I was stopped without a proper reason?
Your attorney can file a motion to suppress all evidence that was obtained after the improper traffic stop. For example, if you were pulled over without a proper reason in a DWI case, all evidence, including the field sobriety test results, the officers’ observations of your conduct, and the results of any breath, blood, or urine tests could be thrown out. In such a case, there would be no more evidence to proceed, so your case would be dismissed.
The criminal defense attorneys at Sieben & Cotter are experienced and have obtained suppression of evidence, and dismissal of charges based on improper traffic stops.