The Police Stop My Car. Is That Ok in VA?

The police cannot stop an individual’s vehicle whenever they want. The stop must be legal based on the United States Constitution and appropriate case law. Frequently, people say to me, The police just stopped my car, is that ok? The answer is, it depends.

Articulable Suspicion to Stop

• Generally, the police must have a reasonable suspicion based on articulable facts

• In Delaware v. Prouse, 440 U. S. 648 (1979), the United States Supreme Court held, “Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile are unreasonable under the Fourth Amendment. “

Examples of Lawful Stops

• Officer observes car weaving 5-10 times over a period of 25 seconds [Neal v. Commonwealth, 27 Va. App. 233, 498 S. E.2d 422 (1998)]

• Traffic infraction
• A broken or missing rear window vent [Logan v. Commonwealth, 19 Va. App 437, 452 S. E.2d 364 (1994)]

• Frantically fleeing from police in high crime area [Whitaker v. Commonwealth, 279 Va. 268, 687 S. E2d 733 (2010]

Examples of Unlawful Stops

• Vehicle only having window tint [Section 46.2-1052 of the Code of Virginia, 1950, as amended]
• Police officer only smells marijuana [Section 4.1-1302(A) of the Code of Virginia, 1950, as amended]
• Decals on windows [Section 46.2-1052 of the Code of Virginia, 1950, as amended]

• Expired inspection sticker that expired before the first day of the fourth month after the original expiration date [Section 46.2-1157 of the Code of Virginia, 1950, as amended]

• Expired registration sticker that expired before the first day of the fourth month after the original expiration date [Section 46.2-646 of the Code of Virginia, 1950, as amended]

• Police officer only saw individuals switching drivers [Zimmerman v. Commonwealth, 234 Va.609, 363 S. E.2d 708 (1988)]

• Amere hunch by police officer [Brown v. Commonwealth, 270 VA.414, 620 S. E.2d 760 (2005 )]

Anthony Montagna, III is an experienced VA criminal defense lawyer

You should contact Anthony Montagna, III for information about when the police can stop your vehicle or you have been illegally stopped by the police. He is a criminal defense legal expert specializing in protecting your rights during encounters with law enforcement. Having an experienced attorney like him on your side can help ensure that your rights are upheld and that any violations of the law are addressed appropriately.

Here are a few reasons why an attorney like Anthony Montagna, III would be important:

1. Expert Knowledge of the Law: Lawyers specializing in civil rights, criminal defense, or police misconduct are trained to recognize when a stop is unlawful. They can evaluate the circumstances surrounding the stop, such as whether the officer had probable cause or reasonable suspicion.

2. Guidance on Your Rights: Police encounters can be intimidating, and it’s often difficult for individuals to know exactly what their rights are in the moment. An attorney can explain how to assert your rights, including your right to remain silent and your right to not consent to a search.

3. Protection Against Unlawful Detention or Arrest: If the police have violated your rights by conducting an illegal stop, your lawyer can help challenge the detention or arrest. In some cases, an illegal stop can lead to suppression of evidence or even dismissal of charges if the case goes to court.

4. Building a Strong Defense: If you were charged after the illegal stop, a lawyer can use the circumstances of the stop to build a strong defense. For example, if evidence was obtained through an illegal stop, your attorney might be able to get that evidence excluded from your case.

5. Avoiding Self-Incrimination: During a police stop, it’s easy to say something that could be misinterpreted or used against you. An attorney can guide you on what to say (or not say) to avoid accidentally incriminating yourself.