They may not pull you over without a reasonable suspicion that you did something against the law. If they found any evidence, it cannot be used in court.

Answer Applies to: California
Replied: 10/20/2011

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He cannot legally pull you over without probable cause. That means he needs to be able to articulate a reason he thought you were violating the law. Those of us in the business cynically believe they can come up with a reason to stop anyone.

Answer Applies to: California
Replied: 10/20/2011

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The strict answer to your question is no, the police are not supposed to pull you over for "no reason," However they will likely have "a reason" that they articulate. Then it is up to decisions as to the credibility of the parties. If a police officer takes the stand and says they pulled you over for "no reason," then that would cause considerable damage to the prosecution's case, let's say. I've never seen that happen though.

Answer Applies to: California
Replied: 10/20/2011

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We like to believe that we are free from unreasonable searches and seizures in this country, and that is a comforting fiction, but the truth is that law enforcement, as a whole, gets away with a great deal, and routinely breaks the law and violates people's rights. Then it becomes a question of your word against theirs when they perjure themselves on the stand, and you probably do not need to be told who the District Attorney and the Judge (usually a former District Attorney) are going to find more credible. As far as the Department of Motor Vehicles is concerned, law enforcement is supposed to have 'reasonable suspicion' to believe that you are breaking the law (e.g., driving under the influence of alcohol or a controlled substance), to pull you over. In the world of criminal law, they are supposed to have 'probable cause' to stop and detain you. You are obviously aware that it does not always work out that way. You have the right to challenge the stop or detention at a hearing. Consult a local, experienced Criminal Law Attorney, with the specifics of your case.

Answer Applies to: California
Replied: 10/20/2011

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No, an officer cannot stop you without "reasonable suspicion". That is a different standard than Probable Cause, but still requires some kind of articulable reason. Supreme Court has held that a stop based on "mere curiosity, suspicion, or hunch" is unlawful. If that was the case, you should speak to a couple of attorneys and prepare to take your case to trial should a suppression hearing be unsuccessful.

Answer Applies to: California
Replied: 10/20/2011

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An officer cannot pull you over for no reason. The officer must have either reasonable suspicion, probable cause or be conducting one of a few permissible operations. (dui check points is the most popular) It should be noted however that officer does not have to tell you why he pulled you over. He just has to be able to justify the stop in court.

Answer Applies to: California
Replied: 10/19/2011

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No. They must have probable cause to believe you have committed a violation of the law.

Answer Applies to: California
Replied: 10/19/2011

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No, he/she cannot. However, cops who pull people over will usually come up (or make up) some reason in the police report.

Answer Applies to: California
Replied: 10/19/2011

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A police officer may pull over a car if he has probable cause to think that a crime has been commented and that the person or persons in the car have a connection with the possible crime or if the officer witnesses a crime or violation of an infraction. If you were going 26 in a 25 mile per hour zone you can be pulled over. Once you are pulled over the officer has to again have reasonable cause to search you or your car. If the officer is questioning you on more than identifying information you have a right to have an attorney. Wanting to have your attorney will stop any further questioning.

Answer Applies to: California
Replied: 10/19/2011

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Police are not supposed to pull you over on a whim.

Answer Applies to: California
Replied: 10/19/2011

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No. An officer needs a lawful reason to make a stop. Any information derived from an illegal stop can be dismissed from the District Attorney's case.

Answer Applies to: California
Replied: 10/19/2011

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They must have "reasonable suspicion" of criminal activity - any violation of law. They can't just stop you for "no reason" - they have to at least have a Vehicle Code violation. If they did stop you for absolutely no reason, any evidence they find could potentially be excluded because of the illegal stop.

Answer Applies to: California
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.