Is a police officer's motives not relevant to the validity of a traffic stop?
British Columbia, Canada
The following excerpt is from R. v. Oliynyk et al., 2005 BCSC 1894 (CanLII):
In summary, the officer's motives for an otherwise justifiable traffic stop are not relevant to the question of its validity. In Oregon v. Allen, 112 Oreg. App. 70 (1992), the court further decided that under normal circumstances, a policeman who wants to get a closer look at a car or its occupant may follow it and stop it if the driver commits a traffic violation while the officer is following.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is it possible for a retired police officer to return to the police force where he worked as a community support officer because of his back pain? (British Columbia, Canada)
In what circumstances will a police officer stop a car at a stop and search the vehicle of an alleged cannabis dealer? (British Columbia, Canada)
Does the tort of misfeasance in public office apply to an individual officer or officer? (British Columbia, Canada)
Is it improper for a police officer to delay making a call to legal counsel while the accused is being questioned at a police station? (British Columbia, Canada)
Can a police officer engage in a police pursuit when he has the opportunity to follow a stolen vehicle using an unmarked car? (British Columbia, Canada)
In what circumstances will a police officer stop a stolen car? (British Columbia, Canada)
Can a court review a decision by a police officer under section 90.3 of the Criminal Code when the officer applied the wrong test? (British Columbia, Canada)
What is the scope of a random stop by a police officer without any probable cause? (British Columbia, Canada)
Can a police officer be ordered to produce a certificate that the adjudicator would like to compel the officer to produce? (British Columbia, Canada)
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
