Can a police officer stop a motorist he suspects of violating the Vehicle Code for the purpose of issuing a citation?

California, United States of America


The following excerpt is from People v. Grant, 217 Cal.App.3d 1451, 266 Cal.Rptr. 587 (Cal. App. 1990):

A police officer may legally stop a motorist he suspects of violating the Vehicle Code for the purpose of issuing a citation. (See People v. Superior Court (Simon) (1972) 7 Cal.3d 186, 200, 101 Cal.Rptr. 837, 496 P.2d 1205.) A violator is viewed as being detained against his will by the police officer. He is not to depart until he has satisfactorily identified himself and has signed a written promise to appear. (Ibid.) The law contemplates that an officer may temporarily detain the offender at the scene for the period of time necessary to discharge the duties related to the traffic stop.

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