Can a police officer in Oklahoma pull you over because they think your ID is suspended, despite not committing any traffic violations? Also is it lawful for the officer to write a police report before arresting a suspect in this situation?
1 Answers
Stop: possibly
The standard for initiating a traffic stop is named after Terry v. Ohio, 392 U.S. 1 (1968): Terry stop. The standard is rather simple: Initiating the stop only requires reasonable suspicion.
If their computer claims that the driver's license of the car owner is expired or suspended, that is reasonable suspicion to at least stop the car to check if the owner is driving it and if the license really is expired.
Arrest: possibly
To facilitate an arrest, the next level of scrutiny is needed: probable cause. Generally, there is little requirement on when a police report is to be written, but contemporary reports (at the same time or close to) are typical.
Example of rising through the ranks
Alice, 16 years old, dent in the fender from a fenderbender. That is not even a warning's worth and does not rise reasonable suspicion.
Bob cop's computer still reads the license plate and Bob gets a flashing light: the car owner's license is expired. That is reasonable suspicion that there is an offense if the owner and Alice are the same person. But Bob needs to verify that. The reasonable suspicion can go away if for example the car was owned by Charles, a 60-year-old gentleman, then the suspicion that Alice's license is expired goes away. But the stop in itself was reasonable!
Bob starts the ticket after stopping Alice, then passes the car to get to Alice. Looking in he sees that behind Alice lies a box stamped "Top Secret - US President's Eyes Only" all over. Bob arrests Alice for the probable cause of possibly possessing those documents illegally. The documents were in plain sight, so no search was needed btw.
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