Many New Yorkers are unaware of their rights during traffic stops. Although one might assume that the police can pull over drivers whenever they please, this is simply not the case. Before they execute a traffic stop, police officers must establish something called “reasonable suspicion.” Without this crucial justification, any subsequent traffic stop becomes unlawful. As a result, it makes sense to challenge probable cause for a traffic stop if at all possible. This could be particularly helpful if a defendant faces charges based on events that occurred after the traffic stop – including vehicle searches. To discuss whether it might be possible to challenge probable cause for a traffic stop, defendants may contact experienced criminal defense attorneys in New York. To continue this discussion in more detail, consider calling experienced New York traffic lawyers at The Law Office of Benjamin Greenwald at 845-567-4820.
What Is Probable Cause in New York?
The Middletown Police Department states that they are only allowed to conduct traffic stops if they have “reasonable suspicion” of an infraction. The Department goes on to state that while they can stop a driver for a traffic infraction, they cannot search the vehicle without reasonable suspicion or probable cause of an actual crime. Traffic infractions, such as driving with a broken tail light, are not crimes in New York. After traffic stops based on these simple infractions, searches can only occur if police establish additional evidence of “real” criminal activity.
Probable cause represents the high likelihood of criminal activity. This activity could be in progress or imminent. In addition, the crime may have occurred in the near past. Police must have “reasonable” grounds to believe this activity is real, but the definition of “reasonable” in this context can be elusive. In 2018, the Supreme Court of the United States ruled that probable cause is a relatively “low bar” – a fluid threshold that changes based on each set of circumstances. Probable cause can be difficult to define in a universal manner.
Probable Cause vs. Reasonable Suspicion
Probable cause and reasonable suspicion are related, but they are two separate concepts. In New York, police officers need “reasonable suspicion” to conduct traffic stops. In other words, reasonable suspicion is the first threshold police must meet when pulling people over. Once they have detained a suspect, they must establish probable cause to execute either a search or an arrest.
The Middletown Police Department defines reasonable suspicion as “more than a mere hunch.” In the context of a traffic stop, reasonable suspicion generally involves the observations of an officer. For example, an officer might spot a vehicle swerving across the road. In some cases, an officer might establish reasonable suspicion based on information provided by “credible sources.” For example, a police department might receive a call from a citizen who claims to have spotted a drunk driver. Police must establish reasonable suspicion before they establish probable cause. Reasonable suspicion “triggers” a traffic stop – not probable cause.
Probable Cause and the United States Constitution
Probable cause is an important requirement because of the Fourth Amendment of the United States Constitution. The Fourth Amendment protects people from “unreasonable searches and seizures” carried out by the government. The Supreme Court has ruled that a traffic stop (or any form of detention) is a type of “seizure” under the Fourth Amendment. Therefore, the requirement of probable cause and reasonable suspicion are universal protections not only in New York, but across the entire nation.
Why Should I Challenge Probable Cause After a Traffic Stop?
In the context of a New York traffic stop, it makes sense to challenge probable cause if police have uncovered incriminating evidence during a subsequent search. For example, police might search a vehicle and discover controlled substances or illegal firearms. If a driver or passenger of that vehicle can establish that police never had probable cause to execute the search, this evidence becomes inadmissible in court. In other words, prosecutors cannot use this evidence to convict the defendant of a crime. If there is no other evidence of criminal activity, the defendant may completely escape legal consequences.
Another option is to challenge reasonable suspicion for the traffic stop. Even if police had probable cause to conduct the search, they might not have had reasonable suspicion to execute the initial traffic stop. If a defendant successfully shows that arresting officers lacked reasonable suspicion, then everything that occurred after the traffic stop becomes inconsequential. This not only includes evidence recovered during the search, but also any statements made by the defendant. To determine which evidence might become inadmissible after an unconstitutional traffic stop in New York, contact The Law Office of Benjamin Greenwald.
Examples of Traffic Stops Without Probable Cause
There may be many ways in which defendants can successfully challenge probable cause for traffic stops. One example might involve racial profiling, and an officer may pull someone over for no reason other than their ethnicity. Police may also execute a traffic stop after checking the criminal record of a driver. Past offenses typically do not meet the “reasonable suspicion” threshold, and they fall more into the territory of “mere hunches” of additional criminal activities.
Issues regarding marijuana may also allow defendants to challenge probable cause. According to the Office of Cannabis Management, the odor of marijuana does not represent probable cause in New York. In other words, police cannot search a vehicle simply because they smell marijuana emanating from within. However, some signs of marijuana use could represent reasonable suspicion – such as erratic or excessively slow driving.
Contact The Law Office of Benjamin Greenwald
While challenging probable cause for a traffic stop represents a viable option for defendants in New York, there are many other potential defense strategies to discuss. Experienced criminal defense attorneys in New York may be able to help defendants strive for more favorable outcomes with personalized strategies. Internet research is a positive first step, but a consultation with a lawyer can help defendants understand whether challenging probable cause actually makes sense based on their specific circumstances. To continue this discussion in more detail, consider calling our experienced New York legal team The Law Office of Benjamin Greenwald at 845-567-4820.
