Does a police officer have authority to stop every car that comes along?

MultiRegion, United States of America

The following excerpt is from U.S. v. Oates, 560 F.2d 45 (2nd Cir. 1977):

8 "It is no answer to say that it was the officers' intention to stop every car that came along, regardless of other circumstances. The validity of stops and searches and arrests is determined by an objective, not subjective, standard. Thus, even if officers erroneously rely on a specific doctrine or presumption as entitling them to make a search or arrest, their action will be sustained if it was objectively justifiable on other grounds. Accordingly, even though the officers improperly relied upon their supposed authority to stop every vehicle on the road, they had facts within their knowledge amounting to a founded suspicion such as to make these particular stops constitutional and the stops must be upheld."

United States v. Vital-Padilla, supra at 644 (citations omitted).

Other Questions


What is the difference between a police officer's response to a request for information about an arrest warrant and the fact that the police officer responded to the request with an incriminating comment? ("New York", United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
If a private party agrees to give consent to a police officer, would they choose to spend the better part of an afternoon shuttling back and forth with police officers rather than going about her business? (MultiRegion, United States of America)
Does a police officer advising a defendant of the police policy and procedure and procedure to release their breathalyzer test results constitute psychological police coercion sufficient to exclude the test? ("New York", United States of America)
Does a black police officer who reports overhearing racial slurs made by other police officers against black citizens have to engage in protected activity? (MultiRegion, United States of America)
Is an off-duty military police officer's lawsuit for injuries suffered when he was run over by an on-duty Military Police officer at a base picnic site barred by the doctrine of Feres v Feres? (MultiRegion, United States of America)
Is the knowledge of a police officer attributable to a prosecutor if the officer acted as an arm of the prosecution? (MultiRegion, United States of America)
Is a police officer liable for failing to intervene to prevent another officer from using excessive force? (MultiRegion, United States of America)
Are there any cases that invalidated or invalidated the exams given to state police officers for promotion to police sergeant? (MultiRegion, United States of America)
When a passenger in a car pulls a car to the side of the road in response to a flashing police light, can the passenger "submit" to police authority? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.