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Traffic stop
View on WikipediaThe examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (June 2019) |

A traffic stop, colloquially referred to as being pulled over, is a temporary detention of a driver of a vehicle and its occupants by police to investigate a possible crime or minor violation of law.
United States
[edit]
A traffic stop is usually considered to be a Terry stop and, as such, is a seizure by police; the standard set by the United States Supreme Court in Terry v. Ohio regarding temporary detentions requires only reasonable articulable suspicion that a crime has occurred or is about to occur.[1] Traffic stops can be initiated at any time during the detention and arrest process, ranging from stops prior to arrest or issuance of a ticket for violation based on probable cause.
Traffic stops date to the 1920s.[2][3]
Before probable cause
[edit]Traffic stops may be executed upon reasonable articulable suspicion that a crime has occurred, for example, an observation of a possible equipment violation or a suspicion of driving under the influence (DUI) based on driving behavior. In some jurisdictions, general roadblock checkpoints are applied for random checks of driver. A primary purpose of the traffic stop at this point is frequently to determine if the police have probable cause for arrest. At this stage, the police are not required to issue a Miranda warning, because a traffic stop prior to formal arrest is not considered to be custodial under Miranda, and will often ask questions intended to elicit the suspect to provide answers that may be used as evidence in the event of an arrest.
Non-evidentiary testing falls under this stage because implied consent laws in the US generally do not apply to Preliminary Breath Test (PBT) testing (small handheld devices, as opposed to evidential breath test devices). (For some violations, such as refusals by commercial drivers or by drivers under 21 years of age, some US jurisdictions may impose implied consent consequences for a PBT refusal,[citation needed] but these are generally not considered to be a refusals under the general "implied consent" laws.)[4] Participation in "field sobriety tests" (FSTs or SFSTs) is voluntary in the U.S..[5][6]
Probable cause
[edit]Probable cause is the arrest stage in which sufficient evidence is available to sustain a warrant for arrest. Probable cause is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction. In some cases, notably DUI stops, the "sufficient evidence" is used for requiring an evidentiary chemical test (e.g., evidential breathalyzer test) by invoking an implied consent request. While state terminology regarding whether evidentiary testing is an "arrest", such testing is constitutionally a "search incident to arrest".[7]
Procedure
[edit]
A stop is usually accomplished through a process known as "pulling over" the suspect's vehicle. Police vehicles (except those used by undercover personnel) traditionally have sirens, loudspeakers, and lightbars that rotate or flash. These devices are used by the officer to get the attention of the suspect and to signal that they are expected to move over to the shoulder and stop. Failure to comply could result in citation of failure to yield to an emergency vehicle and possibly raise suspicion that the driver is attempting to flee.
Similar alerting devices are also typically equipped on other emergency vehicles such as fire trucks and ambulances, although police departments often use blue lights to signal drivers to pull over. In all cases, such signals and the laws requiring that other vehicles pull to the shoulder allow the emergency vehicles to pass other traffic safely and efficiently when responding to emergency situations. In the case of a traffic stop, the officer pulls the patrol vehicle behind the subject vehicle as it stops instead of proceeding past as they would during other emergency responses.
Depending upon the severity of the offense which the officer believes to have occurred, the officer may either arrest the suspect, by taking them to jail, or check for any outstanding warrants before issuing a citation also called a notice to appear or summons in some jurisdictions, which is essentially a traffic ticket. In some cases, officers may choose to simply issue a verbal or written warning.
If the driver is not the owner of the car, they are only penalized for the ticket. However, in most cases, the owner of the car that was stopped has increased insurances rates. This is due to a rule put in place to protect insurance companies from fraudulent procedures.
Many states have enacted laws requiring freeway traffic approaching the police vehicle to merge over to the left, leaving an entire lane as a buffer zone for the officer.

A "felony" or "high-risk" traffic stop occurs when police stop a vehicle which they have strong reason to believe contains a driver or passenger suspected of having committed a serious crime, especially of a nature that would lead the police to believe the suspects may be armed (such as an armed robbery, assault with a weapon, or an outstanding felony warrant for the registered owner). In a high risk stop, officers attempt to provide their own safety by issuing instructions to maintain absolute control over every step of the proceedings.
They will have additional officers on scene for back-up, often waiting for additional officers to join up before initiating the stop. They will typically have their weapons drawn, and stay back from the suspect's vehicle, using their patrol cars for cover. If there is no choice but to make the stop on a busy street, then they will often stop traffic. They will address the driver and any passengers over the PA speaker of the patrol car, typically instructing the driver to turn the engine off, remove the keys from the ignition, and sometimes toss them out the window. They will instruct the occupants, one at a time, to exit the vehicle with empty hands showing, place their hands on top of or behind their heads, walk backwards some distance, and then lie flat on the ground, where they will remain until all occupants have done likewise, at which point officers will move up, apply handcuffs, do a body search and then secure the suspects in the patrol cars. The vehicle is then typically searched for weapons and other evidence in accordance with the arresting department's standard operating procedures ("S.O.P.'s").
The Supreme Court has held that an officer who stops a vehicle as part of a routine traffic stop has the authority to order the driver to exit the vehicle,[8] as well as to order any passengers to exit the vehicle.[9]
Federal government
[edit]
The United States federal government has long used local traffic enforcement as a tool to further its goals through providing funding and training. Historically, this goal has been drug interdiction, but this has been expanded to include the war on terror.[10][11] Currently, the National Highway Traffic Safety Administration (NHTSA) in cooperation with two agencies in the United States Department of Justice (the Bureau of Justice Assistance and the National Institute of Justice) actively promote a program called Data-Driven Approaches to Crime and Traffic Safety (DDACTS) which provides training to local police forces to combine traffic enforcement with fighting crime.[12][13] In the past, such approaches have been accused of promoting racial profiling.[14][15]
Federal grants to states often use the number of traffic tickets as a performance measure.[3]
Controversy
[edit]Reducing minor traffic stops
[edit]Several states and cities have restricted or discouraged minor traffic stops, such as for broken equipment, to avoid dangerous interactions between drivers and armed law enforcement,[16][17] which put both police and drivers at risk[18] and lower trust in the police.[16] Nationally, 43% of traffic stops are for speeding, 24% for broken equipment, and 9% for suspected criminal activity.[19] 730 police killings from 2017 to 2022 started with traffic stops.[20] 7% of killings by police started with a traffic stop. Two thirds of killings by police started with no crime or a nonviolent crime.[21]
Jurisdictions can still use traffic cameras,[18] send tickets in the mail[22][23] and can pull the car over and send a text message if both driver and police agency sign up for the service.[24]
75% of police have not received recent hands-on training in removing a noncompliant person from a vehicle.[19] Noncompliance was most common in cases of alcohol, drugs or illegal activity, and 42% of noncompliance involved disobeying the officer, while 24% involved not answering the officer' questions, a practice recommended by lawyers.[25] Some North Carolina cities encouraged drivers to refuse searches by requiring the officer to get a signed form, which clarified the voluntary nature of searches.[26]
Some departments have quotas for at least a minimum number of traffic stops per officer per month,[27] or supervisor pressure.[28]
Illinois in 2016 found contraband in one stop per 242.[18] In July 2021 a study found that State patrol traffic stops were not associated with reduced motor vehicle crash deaths and suggested other strategies such as motor vehicle modifications, community-based safety initiatives, improved access to health care, or prioritizing trauma care as other reduction efforts.[29] France, England and Wales use traffic stops at a quarter to a third of the US rate.[18]
Table of state and local practices
[edit]| Jurisdiction | State | Lights | Tags & stickers | Blocked view | Other | Pedestrian |
|---|---|---|---|---|---|---|
| Berkeley | CA[30] | Only stop for serious safety issues: unsafe speed, pedestrian right-of-way at crosswalks, failure to yield for turns, red light violations, stop sign violations, seatbelt violations, distracted driving (hands free law), DUI.[31] | ||||
| San Francisco City/County (subject to union negotiation)[32] | CA[33][34] | rear tag light out; taillights out in day; some but not all brake lights out | has rear tag but number not visible; no tag or expired less than 1 year | small items on window or mirror which don't make crash more likely | turn signal under 100' before turn; sleep in vehicle unless asked by another city agency | any pedestrian stop unless immediate crash danger |
| Los Angeles City | CA[30][35] | (a) "minor equipment violations or other infractions" unless "officer believes" it "significantly interferes with public safety," or (b) "minor traffic or code violation" except if officer has information about a serious crime too[36] | ||||
| Lansing | MI[30][31] | license plate light out, cracked taillights | dangling ornaments, and window treatments | regulatory violations such as, cracked windshields, loud exhaust | ||
| Brooklyn Center | MN[30] | No immediate end to traffic stops, and issuing citations. Policy "prohibiting custodial arrests or consent searches of persons or vehicles, for any non-moving traffic infraction, non-felony offense, or non-felony warrant, unless otherwise required by law"[31] | ||||
| Minneapolis | MN[31][37] | License plate lights out. For other lights out a stop is allowed to give the driver a coupon to pay for repair | Expired tabs [sic] | Item dangling from the rearview mirror, unless that object impairs the driver’s ability to operate the vehicle safely | ||
| Ramsey County | MN[22] | |||||
| Fayetteville | NC[38] | |||||
| Mecklenburg County | NC[39] | |||||
| All state | OR[40] | 1 headlight, taillight or brake light, non-red taillight, license plate light | ||||
| Philadelphia, may mail citation or warning. | PA[30][31][32] | 1 light out | temporary registration visible but wrong place, lack inspection or emission sticker, registration up to 2 months late or loose | item obstructing driver's view | missing bumper | |
| Pittsburgh | PA[30] | same as Philadelphia,[31] police not following limits[32] | ||||
| Memphis | TN[41] | one light out | registration up to 2 months late or not secure, temporary registration shown in wrong place | bumper loose | ||
| All state | VA[30][42] | unapproved unsafe light, signal or glass, tail lights, license plate lights, brake lights if 1 works, 1 headlight | registration or inspection up to 4 months late | window tints, items blocking driver's view | noisy exhaust, marijuana odor, local vehicle ordinances unless jailable | jaywalking |
| All state | VT | Reports required by January[43] & October 2023[44] | ||||
| Chittenden County | VT[22] | |||||
| Seattle | WA[30][45] | |||||
Racial disparities
[edit]Stanford has compiled data on race of drivers stopped in 200 million traffic stops.[46] Stops are particularly common and harmful for minorities.[26] California's annual report under the Racial and Identity Profiling Act (RIPA) highlights that minorities form a bigger share of traffic stops than their share of the residents in each area.[47]
Several organizations have commented that comparing minority share of traffic stops to resident population is an erroneous approach, and that there are other possible comparisons, including: driving age population, traffic accidents, licensed drivers, traffic violators, arrests, and crime suspects.[48] On average, minorities work more jobs and work from home less than non-minorities, so are on the road more than their share of the residential population. Also, police are called by people in minority neighborhoods more than elsewhere, so police are in a position to see more traffic violations there.[49] The New Mexico Sentencing Commission in 2007 called the use of Census data on residents a "common, but very poor method," and listed other methods.[50] A 2006 report from the US Department of Justice shows the different comparison groups used by studies up to that point.[48] A 2023 study for the Peace Officers Research Association of California (PORAC) listed some of the same alternative comparison groups: licensed drivers, vehicle owners, center city populations, field studies, and traffic violators.[51]
There is another way comparative reports underestimate the number of Black drivers. Typically statistics on residents call them Black only if they are not Hispanic, and are not mixed race. Mixed race and Hispanic residents are counted separately.[31] Police will count people stopped as Black even if they are also Hispanic or are also of another race. (RIPA shows that police rarely classify drivers as multi-racial.[47]) So the comparison of traffic stops underestimates the number of Blacks in the resident population and overestimates Blacks among the people stopped.
A Connecticut investigation found that 26,000 traffic tickets reported by state police did not appear in court records. The researchers hypothesized that state police were trying to look productive. The fake stops were disproportionately white, reducing apparent racial gaps. The police union said data entry errors were the likely cause.[52]
Exemptions for police friends, families and contacts
[edit]Several police unions print cards for members to give to friends, family members, and professional contacts. Officers who make a traffic stop and are shown the card are under pressure to let the holder off with a warning instead of a ticket.[53][54] The pressure can be from fellow officers[53] and supervisors.[54]
The cards have been issued in New York City, New Jersey,[53] Boston,[55] Los Angeles[56] and Philadelphia.[57] Cards were a "time-honored" tradition in Los Angeles by 1923 despite efforts by the police chief and a city councilman to stop them. The California Highway Patrol gave cards under Chief Cato, appointed in 1931.[56] The cards were widespread in the United States in the 1950s, including by criminals. In 1976 the New Hampshire Governor handed them out to large contributors.[56] The New York City Civilian Complaint Review Board in 2006 ruled the cards are private property and may not be confiscated without cause by police.[56]
Law firms say that showing the card, and especially then asking for lenience, can be illegal if it is considered trying to influence an officer.[58][59]
The cards have a racial effect, since police are disproportionately white. The cards go to whites disproportionately, including as Christmas gifts,[60] leaving minorities with disproportionate tickets. The racial effect is increased when officers have quotas of tickets to issue, which then go disproportionately to minority citizens who lack a card.[54]
The cards have been used since at least 1936.[53][61] 20-30 have been given to each police officer each year, and 10-20 to each retired officer, so they have also been available on auction sites for up to $200.[60][53]
Legal basis for stops
[edit]In the United States, traffic stops have been criticized for their use in police dragnets to check compliance with laws such as those requiring the use of seat belts or those prohibiting driving while impaired. Some people have objected that the tactic violates the United States Constitution; the Fourth Amendment to the Constitution, part of the Bill of Rights, contains a provision against unreasonable search and seizure. However, the United States Supreme Court has ruled that a motor vehicle is subject to a diminished expectation of privacy as compared to a home. Reasons include the fact that motor vehicles are typically driven on public streets, that said vehicles are generally subject to public licensing and registration requirements, and that said vehicles are generally held out to public view in a way different than that of traditional dwellings.
- In Delaware v. Prouse, 440 U.S. 648 (1979), the U.S. Supreme Court ruled that the police stopping vehicles for no reason other than to check the drivers' licenses and registrations was unconstitutional.
- In New York v. Belton, 453 U.S. 454 (1981), the U.S. Supreme Court ruled that when a police officer has made a lawful arrest of a driver, he may search the passenger area of the vehicle without obtaining a warrant. Recent Court decisions have limited the scope of the search even further.
- In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the U.S. Supreme Court ruled that the use of sobriety checkpoints is constitutional. Under the Ninth Amendment to the U.S. Constitution, states have the right to reasonably regulate the safety, health, and welfare of their citizens.
- In Illinois v. Caballes, 543 U.S. 405 (2005), the U.S. Supreme Court held that a dog sniff, conducted during a concededly lawful traffic stop that reveals no information other than the location of a substance that no individual has any right to possess, does not violate the Fourth Amendment.
- In Arizona v. Gant, (2008), the U.S. Supreme Court ruled that an officer must demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to search a vehicle pursuant to an arrest, distinguishing New York v. Belton.
- In Rodriguez v. United States (2015), a case originating in federal court, the Supreme Court declared that the protraction of a traffic stop with the intent to use a sniffer dog to search for evidence for which no reasonable suspicion exists is violative of the Fourth Amendment.
See also
[edit]References
[edit]- ^ LaFave, Wayne (August 2004). "The 'routine traffic stop' from start to finish: too much 'routine,' not enough Fourth Amendment". Michigan Law Review. 102 (8): 1843–1906. doi:10.2307/4141969. JSTOR 4141969. Professor LaFave points out that most courts have treated traffic stops like Terry stops, but the U.S. Supreme Court itself has never squarely decided the issue of whether traffic stops require probable cause or the lesser reasonable suspicion standard of Terry.
- ^ Livingston, Julie, and Andrew Ross (2023-02-03). "How US police got the deadly power to stop drivers at will". The Guardian. ISSN 0261-3077. Retrieved 2023-05-02.
{{cite news}}: CS1 maint: multiple names: authors list (link) - ^ a b McIntire, Mike; Keller, Michael H. (2021-10-31). "The Demand for Money Behind Many Police Traffic Stops". The New York Times. ISSN 0362-4331. Retrieved 2023-05-02.
- ^ Committee, Oregon Legislative Counsel. "ORS 813.136 (2015) – Consequence of refusal or failure to submit to field sobriety tests".
- ^ DUI: Refusal to Take a Field Test, or Blood, Breath or Urine Test, NOLO Press ("As a general rule (and unlike chemical testing), there is no legal penalty for refusing to take these tests although the arresting officer can typically testify as to your refusal in court.")
- ^ Findlaw Can I Refuse to Take Field Sobriety Tests?
- ^ " Supreme Court says warrantless blood draws in DUI arrests are unconstitutional, ABA Journal
- ^ per curiam opinion. "Pennsylvania v. Mimms, 434 U.S. 106 (1977)". Cornell Law School. Retrieved February 9, 2012.
- ^ Chief Justice William Rehnquist. "Maryland v. Wilson, 519 U.S. 408 (1997)". Cornell Law. Retrieved February 9, 2012.
- ^ "NCJRS Abstract - National Criminal Justice Reference Service". Ncjrs.gov. Retrieved 2019-07-06.
- ^ Rusillo, Tracy. "HIGHWAY SECURITY: FILLING THE VOID" (PDF). www.dtic.mil. Archived (PDF) from the original on May 1, 2017. Retrieved 2019-07-06.
- ^ "Data-Driven Approaches to Crime and Traffic Safety (DDACTS) | National Highway Traffic Safety Administration (NHTSA)". One.nhtsa.gov. Retrieved 2019-07-06.
- ^ "Data-Driven Approaches to Crime and Traffic Safety (DDACTS) | National Highway Traffic Safety Administration (NHTSA)". Nij.gov. Retrieved 2019-07-06.
- ^ Kocieniewski, David (2000-11-29). "New Jersey Argues That the U.S. Wrote the Book on Race Profiling". New York Times. Retrieved 30 September 2018.
- ^ "Driving While Black: Racial Profiling On Our Nation's Highways | American Civil Liberties Union". Aclu.org. 2010-02-02. Retrieved 2019-07-06.
- ^ a b Lartey, Jamiles (2023-02-11). "How Police Traffic Stops May Change After Tyre Nichols' Death". The Marshall Project. Retrieved 2023-02-24.
- ^ Mercer, Marsha (2020-09-03). "Police 'Pretext' Traffic Stops Need to End, Some Lawmakers Say". pew.org. Retrieved 2023-02-07.
- ^ a b c d Chapman, Steve (2017-07-20). "Curbing Traffic Stops Would Save Lives". Reason.com. Retrieved 2023-02-07.
- ^ a b Harrison, Bob (2021-06-30). "Stop, Start, or Continue? A National Survey of the Police About Traffic Stops". www.rand.org. Retrieved 2023-02-07.
- ^ Moreno-Rivera, Finesse (2022-11-30). "Police kill far too many people during traffic stops. We must change why stops are made". USA Today. Retrieved 2023-05-02.
- ^ "Mapping Police Violence". Mapping Police Violence. Retrieved 2023-02-24.
- ^ a b c Dholakia, Nazish, and Akhi Johnson (2022-02-09). "Low-Level Traffic Stops Too Often Turn Deadly. Some Places Are Trying…". Vera Institute of Justice. Retrieved 2023-02-07.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ P. 24: "mailing warnings or citations to the registered owner of the vehicle." Lofstrom, Magnus, Joseph Hayes, Brandon Martin, and Deepak Premkumar (2022-10-05). "Racial Disparities in Traffic Stops". Public Policy Institute of California. Retrieved 2023-08-04.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ "New policing tool could eliminate the need for some traffic stops". KXAN Austin. 2023-01-20. Retrieved 2023-02-24.
- ^ "Dealing with Law Enforcement". ACLU of Southern California. 2012-06-05. Retrieved 2023-02-07.
- ^ a b "Why Traffic Stops Don't Stop Crime". The Crime Report. 2018-07-17. Retrieved 2023-02-07.
- ^ Debusmann, Bernd (2023-01-31). "Why do so many police traffic stops turn deadly?". BBC News. Retrieved 2023-02-24.
- ^ Sarode, Anuja L.; Ho, Vanessa P.; Chen, Lin; Bachman, Katelynn C.; Linden, Philip A.; Lasinski, Alaina M.; Moorman, Matthew L.; Towe, Christopher W. (2021-07-01). "Traffic stops do not prevent traffic deaths". The Journal of Trauma and Acute Care Surgery. 91 (1): 141–147. doi:10.1097/TA.0000000000003163. ISSN 2163-0763. PMC 8900371. PMID 34144561. S2CID 233704108.
- ^ a b c d e f g h Kirkpatrick, David D.; Eder, Steve; Barker, Kim (2022-04-15). "Cities Try to Turn the Tide on Police Traffic Stops". The New York Times. Retrieved 2023-02-07.
- ^ a b c d e f g "RIPA Appendix 2023" (PDF). State of California - Department of Justice - Office of the Attorney General. 2023-01-01. Retrieved 2023-08-03.
- ^ a b c Holder, Sarah (2023-02-02). "These Cities Are Limiting Traffic Stops for Minor Offenses". Bloomberg.com. Retrieved 2023-02-07.
- ^ Dickey, Megan Rose (2023-01-13). "San Francisco Police Commission votes to restrict low-level traffic stops". Axios. Retrieved 2023-02-07.
- ^ San Francisco Police Department (2023-01-11). "CURTAILING THE USE OF PRETEXT STOPS" (PDF). San Francisco.
- ^ JANY, LIBOR, and BEN POSTON (2022-11-14). "Minor police encounters plummet after LAPD put limits on stopping drivers and pedestrians". Los Angeles Times. Retrieved 2023-02-07.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ Chief of Police (2022-03-01). "Department Manual Section 1/240.06, Policy - Limitation on Use of Pretextual Stops" (PDF). Los Angeles City Police Commission.
- ^ "Minneapolis Police Policy and Procedure Manual, Section 7-604 Traffic" (PDF). Minneapolis City Government. 2021-10-08. Retrieved 2023-08-03.
- ^ Jallow, Ahmed (2022-03-21). "Taking cops out of traffic stops: Would it make a difference? North Carolina examples offer a clue". www.thetimesnews.com. Retrieved 2023-02-07.
- ^ White, Herbert (2022-10-02). "Mecklenburg County Sheriff's Office ends administrative traffic stops". www.thecharlottepost.com. Retrieved 2023-02-07.
- ^ "SB1510 2022 Regular Session - Oregon Legislative Information System". olis.oregonlegislature.gov. 2022-03-04. Retrieved 2023-02-24.
- ^ Burgess, Katherine, and Lucas Finton (2023-04-11). "Memphis passes 'Achieving Driving Equality' ordinance after Tyre Nichols' death". Commercial Appeal. Retrieved 2023-05-02.
{{cite news}}: CS1 maint: multiple names: authors list (link) - ^ "Bill Tracking - 2020 session > Legislation, H5068". Virginia Legislative Information System. 2020-11-09. Retrieved 2023-08-04.
- ^ "REPORT TO THE VERMONT LEGISLATURE In Accordance with Act 106 (2022), Relating to Secondary Enforcement of Minor Traffic Offenses" (PDF). Vermont Legislature. 2023-01-15. Retrieved 2023-08-03.
- ^ "H.635 (Act 106), An act relating to secondary enforcement of minor traffic offenses" (PDF). Vermont General Assembly. 2022-05-09. Retrieved 2023-08-03.
- ^ Green, Sara Jean (2022-01-18). "Seattle Police will no longer enforce some minor traffic violations". Police1 & Seattle Times. Retrieved 2023-02-07.
- ^ "The Stanford Open Policing Project". openpolicing.stanford.edu. Retrieved 2023-02-07.
- ^ a b "RIPA Board Reports". State of California - Department of Justice - Office of the Attorney General. 28 December 2018. Retrieved 2023-08-03.
- ^ a b Table 4.9 on p.123, discussed on pp.30-31. McMahon, Joyce; Joel Garner; Ronald Davis; Amanda Kraus (July 2006). "How to Correctly Collect and Analyze Racial Profiling Data: Your Reputation Depends On It!". Office of Justice Programs, US Department of Justice. Retrieved 2023-08-03.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ "Racial Profiling and Traffic Stops". National Institute of Justice. 2013-01-09. Retrieved 2023-08-03.
- ^ "Bias-Based Policing: a Literature Review" (PDF). New Mexico Sentencing Commission. September 2007.
- ^ Withrow, Brian L. (2023-01-02). "Racial & Identity Profiling Advisory Board 2022 Annual Report, A Critical Analysis" (PDF). Peace Officers Research Association of California (PORAC).
- ^ Nierenberg, Amelia (2023-09-04). "Over 100 Connecticut state troopers accused of faking traffic stops". Boston Globe. Retrieved 2023-09-13.
- ^ a b c d e Way, Katie (2020-09-02). "The Little Cards That Tell Police 'Let's Forget This Ever Happened'". Vice. Retrieved 2023-06-05.
- ^ a b c Helmore, Edward (2023-06-04). "Traffic cop sues city over 'get-out-of-jail-free' cards for NYPD friends and family". The Guardian. ISSN 0261-3077. Retrieved 2023-06-05.
- ^ Sanok, Ann (2007-07-06). "Recreation struggles to survive". South Coast Today. Retrieved 2023-06-05.
- ^ a b c d Grace, Roger (2015-10-07). "'Courtesy Cards' Shield Bearer From Traffic Tickets". Metropolitan News-Enterprise. Retrieved 2023-06-05.
- ^ Steele, Allison (2010-06-07). "Police say don't confuse courtesy cards with a free pass". Philadelphia Inquirer. Retrieved 2023-06-05.
- ^ "Do PBA Cards Really Work? - Rosenblum Law". traffictickets.com. 2021-06-19. Retrieved 2023-06-05.
- ^ Weiss, Matthew (2022-11-22). "What is a PBA Card and Will One Help Me Get Out of a Ticket?". Weiss & Associates, P.C. Retrieved 2023-06-05.
- ^ a b Balsamini, Dean (2018-01-21). "Police union slashes number of 'get out of jail free' cards issued". New York Post. Retrieved 2023-06-05.
- ^ Alexander, Jack (1936-10-03). "Independent Cop, Profile of Police Commissioner Lewis J. Valentine". New Yorker.
Further reading
[edit]- Baumgartner, Frank R.; Epp, Derek A.; Shoub, Kelsey (July 10, 2018). Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race.
External links
[edit]- "The Stanford Open Policing Project". Database of records from millions of traffic stops by law enforcement agencies across the country. Stanford University. Retrieved September 30, 2018.
- Narcotics searches in traffic stops OK – Jerry Seper, The Washington Times (January 25, 2005)
- Police Behavior during Traffic and Street Stops Bureau of Justice Statistics
- Traffic Stop Data Reports Texas Department of Public Safety
Traffic stop
View on GrokipediaDefinition and purpose
Core definition
A traffic stop is a temporary detention initiated by a law enforcement officer against a motor vehicle and its occupants, typically on a public roadway, to investigate or enforce compliance with traffic regulations.[1] This procedure constitutes a seizure under the Fourth Amendment to the United States Constitution, as the driver submits to the officer's show of authority by halting the vehicle.[6] Officers generally base such stops on reasonable suspicion of an observable violation, such as exceeding speed limits, failing to signal, or operating with defective equipment, though statutes in some jurisdictions define it more broadly as any detention of a driver for a traffic infraction or to ascertain if one occurred.[7][8] The core elements include the officer's activation of emergency lights or sirens to signal the stop, the driver's obligation to yield safely, and an initial interaction where the officer verifies the driver's identity, vehicle registration, and insurance while assessing for further violations or safety risks.[9] Unlike full arrests, traffic stops are investigatory and brief unless probable cause emerges for extended detention or search.[10] In practice, these encounters serve as a primary mechanism for road safety enforcement but carry inherent risks, with data indicating they account for a significant portion of officer injuries from passing traffic or suspect resistance.[11]Primary objectives
The primary objectives of traffic stops, as articulated in law enforcement training and policy documents, center on enhancing roadway safety through enforcement, deterrence, and compliance rather than punitive measures alone. Traffic enforcement seeks to reduce violations that contribute to crashes, such as speeding or impaired driving, by issuing citations, warnings, or educational interventions to drivers, thereby protecting life and property.[12][13] This approach aligns with broader goals of deterring dangerous behaviors via visible police presence, which studies and federal guidelines indicate can modify driver conduct and lower incident rates.[14] A core aim is to verify compliance with licensing, registration, and vehicle standards, addressing administrative issues like expired tags or faulty equipment that pose safety risks.[15] Officers may also assess for immediate hazards, such as warning drivers of road conditions or investigating signs of impairment, to prevent imminent threats to other motorists or pedestrians.[16][11] In practice, these stops facilitate voluntary adherence to laws, emphasizing communication to foster understanding over confrontation.[17][18] While primarily safety-oriented, traffic stops enable incidental detection of unrelated criminal activity, such as through plain-view observations, though official policies stress that enforcement targets traffic-specific infractions to maintain legitimacy and avoid perceptions of pretextual motives without reasonable suspicion.[19] Data from state analyses, including Pennsylvania's annual traffic stop reports, underscore these objectives by tracking outcomes like violation citations and crash reductions as metrics of effectiveness.[20]Historical origins
Pre-20th century developments
In the 19th century, as urban road traffic intensified with horse-drawn carriages, wagons, and omnibuses, municipalities enacted speed regulations to mitigate risks to pedestrians and other users, with enforcement typically involving officers halting vehicles for inspection and citation.[21] These measures addressed reckless driving and excessive pace, often set at walking speeds within city limits to prevent accidents amid congested streets.[22] For example, New York City maintained ordinances against rapid horse travel prior to the automobile era, empowering police to stop and penalize violators for endangering public safety.[21] A prominent early instance occurred on April 9, 1866, when two Washington, D.C. police officers detained Lieutenant General Ulysses S. Grant on 14th Street for speeding in his horse-drawn buggy while racing his "fast gray nag," exceeding local limits intended to curb hazards from swift equine transport.[23] Grant initially questioned the officers' authority but complied, appearing before a justice of the peace to pay the fine.[23] Such stops paralleled broader patrols where constables intercepted drivers for violations like overloading or improper harnessing, foreshadowing procedural elements of later vehicle detentions.[24] Another documented case took place in 1872, when D.C. officer William West halted President Grant on 13th Street for again violating speed restrictions in a carriage, issuing a warning the prior day before fining him $20—an event highlighting the application of traffic rules even to high officials.[24] These interventions relied on direct observation by foot or mounted patrolmen, without motorized pursuit, and emphasized immediate compliance to restore orderly flow.[24] By mid-century, cities like New York formed initial traffic units in the 1860s to systematically enforce such rules amid growing equine volume, marking organized precursors to systematic vehicle oversight.[25] Earlier foundations traced to colonial eras, where towns prohibited galloping horses in streets—such as a 1652 ordinance barring fast cart-pulling equines—to avert collisions, with local watchmen empowered to intervene.[26] Medieval European precedents involved roadside toll gates and gated town entries where constables stopped conveyances for toll collection, goods inspection, and bandit checks, enforcing royal edicts on passage and load limits.[27] These practices, though not framed as "traffic" enforcement, established authority to detain travelers for regulatory compliance, influencing 19th-century adaptations to denser coach traffic.[28]20th century evolution
The proliferation of automobiles in the early 20th century prompted the initial formalization of traffic enforcement in the United States, as states enacted foundational vehicle regulations to address rising road congestion and accidents. New York passed the first motor vehicle registration law in 1901, requiring owners to display license numbers and enabling rudimentary identification during stops by officers, who initially patrolled on foot or horseback.[29] By 1910, as automobile ownership exceeded horse-drawn vehicles in many urban areas, police began conducting ad hoc stops for observed violations like reckless driving, though procedures lacked standardization and relied on visual observation rather than technology.[30] In the 1920s, surging vehicle numbers—reaching over 23 million registered cars by 1929—led to expanded police authority in traffic stops, shifting from passive regulation to proactive intervention. Cities like Detroit and New York deployed motorcycle patrols for pursuits and stops, while informal "traffic vigilantes"—citizen groups tracking violators' plates—evolved into professional enforcement units, marking the transition to dedicated traffic policing.[24] Officers increasingly used stops not only for traffic infractions but also to investigate suspected crimes, as vehicles facilitated mobility for bootleggers during Prohibition, thereby broadening discretionary powers under emerging probable cause doctrines.[29] This era saw the introduction of one-way police radios in 1928, allowing centralized dispatch for stop coordination, followed by two-way radios in 1934, which enhanced real-time enforcement efficiency.[31] Mid-century developments integrated traffic stops into broader public safety frameworks, coinciding with infrastructure expansion and technological aids. The post-World War II interstate highway system, authorized by the 1956 Federal-Aid Highway Act, amplified enforcement needs, with radar speed detection devices adopted in the 1950s to justify stops based on measurable violations rather than estimates.[32] By the 1960s, stops became central to campaigns against impaired driving, as breathalyzer tests emerged in 1954 and gained widespread use, enabling field sobriety checks during routine halts.[33] The late 20th century refined stop protocols amid heightened safety mandates, including the 1966 National Traffic and Motor Vehicle Safety Act, which empowered federal standards for vehicle inspections often verified via stops.[34] Seat belt laws, enacted starting in the 1970s in states like Illinois (1961 mandate for installation, enforcement via stops from 1985 federally), and drunk-driving crackdowns post-1980s Mothers Against Drunk Driving advocacy, positioned traffic stops as primary tools for compliance verification, with data showing over 1 million annual arrests by the 1990s.[35] Supreme Court rulings, such as Pennsylvania v. Mimms (1977), affirmed officers' authority to order drivers out during stops for safety, embedding such practices in standard procedure while emphasizing reasonable suspicion thresholds.[29]Procedural elements
Initiation of the stop
A traffic stop is initiated when a law enforcement officer, typically during routine patrol, observes a vehicle committing a traffic infraction or develops reasonable suspicion of criminal activity involving the vehicle or its occupants. Under the Fourth Amendment to the United States Constitution, such stops require reasonable suspicion—a standard lower than probable cause but requiring specific, articulable facts rather than mere hunch—that a violation has occurred or is occurring.[36][37] This principle stems from Supreme Court precedents like Terry v. Ohio (1968), which authorizes brief investigative detentions based on suspicion of crime, extended to vehicular contexts where officers may stop drivers for observed infractions without needing intent to prosecute the violation itself, as affirmed in Whren v. United States (1996), allowing pretextual stops if a genuine violation is witnessed.[38] Random stops without suspicion, such as roving patrols absent cause, violate this standard, as ruled in Delaware v. Prouse (1979).[39] Upon identifying grounds for a stop, the officer activates the patrol vehicle's emergency lights and, if necessary, siren to signal the driver to pull over safely, often pursuing briefly if the vehicle does not immediately yield.[29] Procedures emphasize officer discretion in selecting a safe location, such as well-lit areas away from traffic, while drivers are legally obligated to comply promptly by moving to the right shoulder or roadside.[10] In high-risk scenarios, such as suspected felony activity, additional units may be called before full initiation to ensure safety.[40] Failure to yield can escalate the encounter, potentially leading to charges for evading or resisting.[1] Empirical data indicate that most initiations stem from observable moving violations rather than criminal suspicion alone. Speeding accounts for a substantial portion; for instance, in Pennsylvania State Police data from 2024, it was the leading reason, with stopped drivers averaging 21.7 mph over the limit.[41] Equipment defects, such as inoperative taillights or expired tags, and failure to signal turns also frequently trigger stops, as these provide clear, objective bases for reasonable suspicion.[39] Bureau of Justice Statistics reports from 2020 show traffic stops comprised about 7% of public-police contacts, predominantly initiated for such infractions, underscoring their role in routine enforcement over targeted investigations.[42]Driver and officer interactions
Upon initiating a traffic stop, the officer approaches the vehicle, preferably from the passenger side to reduce vulnerability to passing traffic and potential threats from within the vehicle.[43] The driver must remain seated with hands visible, typically on the steering wheel, until instructed otherwise, and promptly provide a valid driver's license, vehicle registration, and proof of insurance upon request.[10][44] The officer identifies the reason for the stop, such as a observed violation like speeding or a broken taillight, and may conduct a brief visual inspection of the interior for safety.[9] Drivers are legally obligated to comply with the stop by pulling over safely but retain Fourth Amendment protections against unreasonable searches and seizures.[45] They must identify themselves but are not required to answer incriminating questions beyond basic inquiries related to the stop, and can politely decline consent for vehicle searches without probable cause.[46][44] Officers may order occupants out of the vehicle for safety under Pennsylvania v. Mimms (1977), but prolonged detention requires reasonable suspicion of additional criminal activity.[39] Law enforcement training emphasizes de-escalation during these interactions, including threat assessment, empathetic engagement, and verbal techniques to secure voluntary compliance while minimizing force.[47][48] Non-compliance, such as fleeing or resisting, escalates risks, but empirical data shows most interactions resolve peacefully: in 2022, about 44% of U.S. traffic stops ended in warnings, 43% with citations, and only a fraction led to arrests or searches.[49] Over 20 million stops occur annually, with outcomes varying by demographics but predominantly non-arrest dispositions.[50]Searches and detentions
During a traffic stop, the initial detention of the driver and any passengers constitutes a seizure under the Fourth Amendment, permissible upon reasonable suspicion that a traffic violation has occurred or that the vehicle is unregistered or the driver unlicensed.[1] This standard, lower than probable cause, allows brief investigatory detention to confirm or dispel the officer's suspicion, as established in Terry v. Ohio (1968) and extended to vehicular contexts.[51] Prolonged detention beyond the time reasonably required to complete the stop's "mission"—such as checking license, registration, and warrants—violates the Fourth Amendment absent additional reasonable suspicion of criminal activity, per Rodriguez v. United States (2015).[52] Vehicle searches during traffic stops generally require probable cause to believe the vehicle contains evidence of a crime or contraband, invoking the automobile exception which dispenses with warrant requirements due to vehicles' ready mobility and reduced privacy expectations.[53] This exception, originating from Carroll v. United States (1925), permits warrantless searches if probable cause exists at the time of the stop or develops during lawful detention.[54] Officers may also order drivers and passengers to exit the vehicle for safety without additional justification, as upheld in Pennsylvania v. Mimms (1977) and Maryland v. Wilson (1997), facilitating plain-view observations that could establish probable cause.[55] Consent provides another basis for searches, valid if voluntarily given without coercion, though courts scrutinize factors like the stop's duration and officer demeanor.[56] Inventory searches of impounded vehicles follow standardized procedures to protect property and officers, requiring no suspicion.[53] Passenger belongings within the vehicle may be searched under the automobile exception if probable cause applies to the vehicle as a whole, per Wyoming v. Houghton (1999).[57] Pretextual motivations do not invalidate stops or ensuing searches if objective legal grounds exist, as ruled in Whren v. United States (1996).[3] Evidence obtained in violation of these standards is typically suppressed under the exclusionary rule to deter unconstitutional conduct.[58]Legal principles
Probable cause requirements
In the context of traffic stops, probable cause establishes the factual basis for believing that a specific legal violation, such as a traffic infraction or criminal offense, has occurred, thereby justifying police action under the Fourth Amendment to the U.S. Constitution.[59] This standard exceeds reasonable suspicion, which permits only brief investigative detentions, and requires objective facts or circumstances that would lead a prudent officer to conclude a violation is more likely than not.[3] For instance, observing a driver running a red light or exceeding the speed limit provides probable cause for initiating a stop, as affirmed in Whren v. United States (1996), where the Supreme Court held that temporary detention based on probable cause for a traffic violation does not violate the Fourth Amendment, irrespective of the officer's subjective motives.[3] Probable cause must be particularized to the observed conduct or reliable indicators, not mere hunches or generalized suspicions, to avoid unconstitutional seizures.[56] During a traffic stop, this threshold supports escalating to an arrest if evidence emerges of a jailable offense, such as driving under the influence, where sensory cues like alcohol odor or erratic behavior, combined with field sobriety test failures, can collectively establish probable cause.[8] Absent probable cause, extensions of the stop beyond its original traffic-related purpose risk suppression of derived evidence under the exclusionary rule, as prolonged detentions without justification transform routine inquiries into de facto arrests.[1] For vehicle searches incident to traffic stops, probable cause is required to invoke the automobile exception, allowing warrantless searches if officers have reason to believe the vehicle contains contraband or evidence of a crime, given its inherent mobility.[60] This doctrine, originating from Carroll v. United States (1925), permits thorough examination of compartments and containers but demands more than the initial traffic violation alone; additional factors, such as visible contraband or drug-sniffing dog alerts, are typically necessary.[53] Courts evaluate probable cause totality-of-circumstances, discounting unreliable anonymous tips unless corroborated, to ensure actions remain grounded in verifiable evidence rather than pretextual overreach.[59]United States framework
In the United States, traffic stops are governed by the Fourth Amendment, which protects against unreasonable searches and seizures. A traffic stop qualifies as a seizure, necessitating that law enforcement officers possess at least reasonable suspicion—based on specific, articulable facts—that a traffic violation or criminal activity has occurred to justify initiating the stop.[61] This principle extends the Terry v. Ohio (1968) doctrine, which permits brief investigatory detentions short of probable cause for arrest, to vehicular contexts.[62] For observed traffic infractions, probable cause suffices, as even minor violations provide objective grounds for the stop.[3] The Supreme Court in Whren v. United States (1996) ruled that subjective motivations, including pretextual intent to investigate unrelated crimes, do not invalidate a stop if probable cause exists for the traffic violation.[3] Thus, officers may stop vehicles for infractions like speeding or failure to signal, regardless of ulterior motives, provided the violation is genuine.[63] This objective standard prioritizes the legality of the observed conduct over the officer's intent, enabling enforcement of minor laws as pretexts for broader investigations when supported by evidence.[3] The permissible duration of a traffic stop is limited to the time reasonably required to address the traffic violation, such as issuing a citation or warning, and conducting ordinary inquiries incident to the stop like checking license and registration.[52] In Rodriguez v. United States (2015), the Court held that extending the stop beyond this mission—such as waiting for a drug dog without independent reasonable suspicion—violates the Fourth Amendment.[64] Officers may order the driver (Pennsylvania v. Mimms, 1977) and passengers (Maryland v. Wilson, 1997) to exit the vehicle for safety, and conduct a protective frisk if they reasonably believe the individual is armed and dangerous.[65] Vehicle searches require probable cause, consent, or as incident to a lawful arrest, with the automobile exception allowing warrantless searches upon probable cause due to vehicles' mobility.[60] Custodial arrests following a stop trigger Miranda rights if interrogation occurs, but routine traffic stops typically do not constitute custody requiring advisement unless prolonged or circumstances escalate.[56] Evidence obtained in violation of these principles is subject to the exclusionary rule, suppressing its use in court to deter unconstitutional conduct.[8] State laws may impose additional restrictions, but federal constitutional minima apply nationwide.[66]Comparative international approaches
In the United Kingdom, police hold expansive authority to initiate traffic stops under Section 163 of the Road Traffic Act 1988, empowering officers to halt any vehicle on a public road without needing to articulate a specific reason beforehand, though subsequent actions like searches require reasonable grounds under the Police and Criminal Evidence Act 1984. [67] This broad discretion facilitates routine checks for licensing, insurance, or vehicle condition but has drawn scrutiny for potential overuse, with data from 2022 indicating over 1.2 million vehicle stops recorded, often leading to further investigations.[68] Unlike the U.S. emphasis on reasonable suspicion tied to observable violations, UK stops prioritize officer judgment, potentially increasing efficiency in enforcement but raising concerns over arbitrariness absent probable cause thresholds.[69] Canada's framework aligns more closely with U.S. constitutional protections via the Charter of Rights and Freedoms, where routine traffic stops qualify as detentions under Section 9, mandating they avoid arbitrariness and trigger immediate rights advisements under Section 10(b) for counsel, though roadside delays limit full implementation until formal arrest.[70] [71] Courts have upheld random stops for sobriety checks or licensing as non-arbitrary if legislatively authorized, such as under provincial highway traffic acts, but extended detentions demand articulable suspicion, with 2023 Supreme Court rulings emphasizing minimal intrusion to balance public safety against liberty.[72] This mirrors U.S. Terry stop doctrines but incorporates Charter remedies like evidence exclusion for violations, contrasting UK statutory breadth by prioritizing judicial oversight of investigative tactics. In Germany, traffic stops operate under state-level Polizeigesetze (police laws), permitting officers to halt vehicles for targeted purposes like fitness-to-drive assessments, speed enforcement, or random compliance checks, but without the UK's unfettered "any reason" clause—requiring concrete indications of irregularity for initiation beyond routine patrols.[73] [74] Vehicle searches demand probable cause of criminal activity under the Strafprozessordnung (Code of Criminal Procedure), with privacy protections under Article 13 of the Basic Law limiting pretextual extensions, as evidenced by 2023 federal statistics showing stops primarily yield administrative fines averaging €100-€500 for violations like speeding over 20 km/h.[75] This approach emphasizes proportionality and documentation, differing from U.S. allowance for pretextual motives by embedding causal links to evidenced infractions, reducing escalation risks in a system where officers carry firearms but report lower use-of-force incidents per stop compared to North America.[76]| Country | Initiation Authority | Key Legal Basis | Search/Detention Threshold |
|---|---|---|---|
| United Kingdom | Any vehicle, no initial reason required | Road Traffic Act 1988, s.163 | Reasonable suspicion for searches (PACE 1984) |
| Canada | Routine or violation-based; random for specific checks | Charter s.9/10(b); provincial acts | Articulable suspicion post-stop; counsel right immediate[70] |
| Germany | Targeted checks (e.g., fitness, compliance) | State Polizeigesetze; StPO | Probable cause; privacy-limited extensions[73] |
Public safety contributions
Impairment and violation enforcement
Traffic stops serve as the primary mechanism for detecting and apprehending drivers impaired by alcohol or drugs, with regular patrol enforcement identifying behaviors such as weaving or erratic speeds that prompt investigation.[78] In the United States, approximately 30% of traffic fatalities involve alcohol-impaired drivers with blood alcohol concentrations of 0.08% or higher, underscoring the scale of the issue addressed through these interventions.[79] Field sobriety tests and breathalyzer assessments conducted during stops enable officers to confirm impairment, leading to arrests that remove dangerous operators from roadways.[78] Empirical studies demonstrate that higher intensities of traffic stops and DUI arrests per capita correlate with reduced prevalence of drinking and driving, as measured by roadside surveys.[80] For instance, jurisdictions conducting more stops—averaging over 2,200 per 10,000 drivers annually—exhibit lower odds of impaired driving incidents compared to those with fewer enforcement actions.[81] While only about 3% of stops result in arrests for any crime, including DUI, this low yield reflects the deterrent effect: visible enforcement increases perceived risk of detection, discouraging violations before they escalate.[80] High-visibility campaigns, such as those mobilizing widespread stops during holiday periods, have proven effective in curbing alcohol-related crashes by amplifying this general deterrence.[14] Beyond impairment, traffic stops enforce a range of violations including speeding, failure to yield, and distracted driving, which collectively contribute to over 90% of crashes due to driver error.[82] Proactive enforcement targeting these behaviors reduces unsafe driving rates; for example, intensified patrols have been linked to 20-40% drops in relevant crash types in focused areas.[83] The causal pathway operates through certainty of apprehension rather than solely penalties, as drivers adjust behavior in response to observed police presence.[84] Sustained enforcement thus yields broader safety gains, with studies confirming inverse relationships between stop frequency and violation-involved accidents across multiple jurisdictions.[82]Contraband and weapon recovery
Traffic stops serve as a primary mechanism for law enforcement to recover illegal contraband, including narcotics and undeclared cash, which are frequently transported via motor vehicles due to the relative ease and volume capacity compared to other methods. In fiscal year 2025, Arizona Department of Public Safety troopers seized over 900 pounds of illicit drugs—including 151 pounds of methamphetamine, 432 pounds of cocaine, and 23 pounds of fentanyl—during routine traffic enforcement on state highways between May 5 and 10 alone, demonstrating the role of vehicle interdiction in disrupting bulk smuggling operations.[85] Similarly, on May 19, 2025, Arkansas State Police recovered 36 pounds of fentanyl and 86 pounds of cocaine from a single Interstate 40 traffic stop, highlighting how minor infractions can uncover major trafficking loads.[86] These recoveries often stem from probable cause developed during the stop, such as inconsistent travel narratives or visible indicators like excessive nervousness, leading to consent searches or vehicle scans that reveal hidden compartments. Weapons, particularly illegal firearms possessed by prohibited persons, are also routinely recovered during traffic stops, contributing to reduced street-level gun violence by removing operable arms from circulation. In California, analysis of traffic stop data from multiple departments showed firearms confiscated in about 0.5% of vehicle searches, equating to roughly 560 guns from over 100,000 searches across sampled agencies.[87] In Saint Paul, Minnesota, police recovered 131 firearms through traffic stops in 2024, underscoring the tactic's utility in urban settings where prohibited individuals transport weapons concealed in vehicles.[88] Nationwide, the Stanford Open Policing Project's aggregation of over 200 million stop records indicates that contraband, including weapons, is discovered in approximately 20-25% of conducted searches, with traffic stops providing the initial access point for such investigations absent other warrants.[50] Although search rates remain low overall (around 2% of stops), the high volume of annual traffic enforcement—exceeding 20 million stops—yields substantial absolute recoveries, as evidenced by state-level interdiction programs targeting interstate corridors known for smuggling. These seizures have measurable public safety impacts, as recovered contraband and weapons are linked to broader criminal enterprises; for instance, drug loads intercepted on highways like I-40 often fund gang activities, while firearms traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives frequently originate from or pass through vehicle-based transport in crime traces.[89] Empirical data from localized reports counters claims of negligible yields by illustrating causal links: in Colorado, a 2025 traffic stop netted 70 pounds of methamphetamine alongside handguns and cash, directly tying vehicle enforcement to dismantling possession by felons.[90] Such outcomes affirm first-principles efficacy—vehicles as mobile crime facilitators necessitate proactive stops—while academic analyses of stop data reveal consistent, if probabilistic, successes in high-traffic smuggling routes, independent of demographic targeting debates.[91]Statistical outcomes
In the United States, traffic stops constitute the predominant form of police-initiated contact with the public, though their volume has declined in recent years. The Bureau of Justice Statistics (BJS) reported that traffic stops accounted for approximately 21% of all police contacts in 2022, down from higher shares in prior surveys, with an estimated 16 million drivers experiencing such stops amid a 33% reduction from 2018 levels attributed partly to pandemic-related enforcement shifts.[92][93] Outcomes of these stops overwhelmingly involve non-arrest resolutions focused on compliance and deterrence. Per the BJS Police-Public Contact Survey (PPCS) for 2022, among drivers stopped, 44% received a warning, 43% a ticket or citation, and 9% no formal enforcement action, reflecting routine correction of violations like speeding or equipment failures without escalation.[92] Arrests remain infrequent, comprising 1% to 4% of stops nationally; for instance, Pennsylvania State Police data from 2024 indicated arrests in 3.7% of over 1 million analyzed stops, primarily for warrants, impairment, or discovered contraband.[41] Searches occur in about 2% to 3% of stops, yielding contraband in roughly 20% to 25% of those cases, often drugs or weapons transported via highways.[92] Traffic enforcement yields measurable public safety gains through violation abatement and interdiction. The National Highway Traffic Safety Administration (NHTSA) documents that sustained citation issuance correlates with reduced crash rates, with high-visibility campaigns generating tens of thousands of citations annually alongside hundreds of impaired driving arrests per initiative; for example, a 2024 multi-agency effort issued 46,212 citations and 1,260 DUI arrests during a holiday enforcement period.[14][94] Highway stops have facilitated substantial drug and cash recoveries, with federal training programs enabling seizures exceeding $427 million in one five-year span through probable-cause-based interventions.[95] These outcomes underscore traffic stops' role in preempting broader harms, as empirical analyses of Midwest interstate data reveal consistent yields of narcotics from otherwise routine violations.[91]Operational risks
Escalation dynamics
Escalation in traffic stops often stems from suspect non-compliance, such as refusal to yield or active resistance after initial contact, which precedes the majority of violent incidents against officers. A study analyzing 4,255 narratives of assaults on law enforcement during traffic pursuits and stops found that refusal to pull over initiated 25.3% of cases, while fleeing on foot after stopping accounted for 11.7%, and driver or passenger impairment for 11.5%.[96] These factors reflect causal drivers rooted in suspect decisions to evade authority, rather than spontaneous officer aggression, with unprovoked attacks comprising only 3.6% of incidents.[96] Among routine traffic stops for violations, violence remains infrequent relative to volume—estimated at 1 assault per 6,959 stops, 1 serious injury per 361,111 stops, and 1 felonious killing per 6.5 million stops—yet absolute risks materialize through patterns of resistance following authority invocation, such as orders to exit vehicles (23.2% of cases).[96] In these encounters, suspects most commonly employed hands, fists, or feet (60.5%), with firearms or knives involved in under 3% overall and causing serious officer injury in less than 1%.[96] FBI data corroborates traffic stops as a leading circumstance for officer felonious deaths, with 92.8% occurring in the pre-contact "ante" phase and 88% by gunfire, underscoring the heightened peril when suspects perceive opportunities for flight or confrontation.[97] Suspect resistance, including verbal defiance or physical evasion, empirically predicts escalation more than officer commands alone, as non-compliance amplifies uncertainty and threat perception for both parties. National Institute of Justice analysis of use-of-force reports indicates 97% of suspects in such incidents actively resisted, with 36% involving attempts to flee or assault officers.[98] While officer tactics like immediate directives correlate with higher tension in some observational studies, causal realism points to suspect agency—intoxication, outstanding warrants, or concealed weapons—as primary escalators, given that over 94% of violent cases involved precursor indicators like evasion attempts.[96] This dynamic explains why, despite millions of annual stops (over 20 million in the U.S.), fatal outcomes for suspects occur in roughly 7% of police killings, often tied to pursuits or resistance rather than routine compliance checks.[50][99] Pretextual elements, such as stops for minor infractions masking investigations, can heighten suspect wariness and non-cooperation, but data refute narratives of systemic officer overreach as the dominant cause; instead, empirical patterns emphasize mutual risk mitigation through compliance. Over 98% of officer-involved assaults in the reviewed sample resulted in no or minor injuries, indicating escalations rarely culminate in disproportionate force absent suspect provocation.[96] Bureau of Justice Statistics contacts data further contextualizes this, showing traffic stops comprise a fraction of overall police-public interactions yet yield outsized violence when resistance intervenes, informing operational protocols prioritizing verbal de-escalation alongside preparedness for evasion.[100]Pretextual stop rationales
Pretextual traffic stops involve law enforcement initiating a vehicle stop based on an observed traffic violation, while harboring an ulterior motive to investigate unrelated suspicions of criminal activity, such as drug trafficking or possession of weapons. The U.S. Supreme Court upheld their constitutionality in Whren v. United States (1996), ruling that a stop is valid under the Fourth Amendment if probable cause exists for the traffic infraction, irrespective of the officer's subjective intent.[3] This framework enables officers to leverage minor, objective violations—like failure to signal or expired tags—as legal entry points for broader inquiries without requiring immediate probable cause for the suspected crime.[63] Operationally, pretextual stops provide law enforcement with a low-threshold mechanism to interdict contraband and apprehend offenders who might otherwise evade detection. Officers often rely on them to act on reasonable suspicions derived from experience or intelligence, such as a vehicle's association with a "be on the lookout" (BOLO) alert for a crime scene description, allowing verification without alerting potential suspects. For instance, stops initiated for minor infractions have led to discoveries of impaired drivers, with data indicating that only about 1% of drunk driving episodes are otherwise detected, despite over 10,000 annual fatalities from such incidents.[101][102] In one Memphis operation, pretextual stops prompted by marijuana odor yielded 93 arrests over six months, including seizures of nearly 10 pounds of marijuana, firearms, and apprehensions of individuals with outstanding felony warrants.[103] These stops also facilitate intelligence gathering and crime prevention by uncovering unlicensed drivers, stolen vehicles, or hidden evidence during extended interactions, such as consent searches or K-9 deployments. Historical examples underscore their utility: the 1995 traffic stop of Timothy McVeigh for speeding without tags revealed a concealed Glock pistol and ultimately linked him to the Oklahoma City bombing; similarly, serial killer Joel Rifkin was apprehended after a state trooper pulled him over for driving without tags in 1993.[103] Proponents argue that prohibiting such tactics would hinder officers' ability to enforce laws proactively, as serious criminals frequently commit ancillary traffic violations, allowing routine patrols to yield disproportionate public safety gains.[104] In contexts like DUI enforcement during high-risk periods (e.g., nights and weekends, when impaired drivers are 4 times more likely to cause fatal crashes), pretextual rationales align with empirical needs for vigilant interdiction.[101] While yielding these operational advantages, pretextual stops are employed judiciously to balance investigative efficacy against the inherent risks of roadside encounters, such as unexpected resistance from armed suspects. Law enforcement maintains that their targeted use—grounded in verifiable violations—enhances overall deterrence and recovery rates for contraband, with specific cases demonstrating felony convictions stemming from initial minor infractions, like a 10-year sentence for auto theft and carjacking following an expired tag stop.[103]Officer endangerment
Traffic stops constitute one of the most perilous routine duties for law enforcement officers, primarily due to the potential for ambushes, concealed weapons, and sudden non-compliance by vehicle occupants. Officers typically approach from a disadvantaged position, unable to fully observe the interior of the vehicle or the actions of multiple passengers, which facilitates rapid escalation to violence.[105] This vulnerability is compounded by the high volume of stops—millions annually—making even low-probability threats accumulate into substantial aggregate risk.[106] Federal data underscores the frequency of assaults during these encounters. In 2023, the FBI reported 79,091 law enforcement officers assaulted nationwide, the highest number in a decade, with traffic stops and pursuits identified as common circumstances for such incidents.[107] For instance, in California alone, 799 assaults on officers occurred during traffic pursuits and stops in 2019, representing 7.6% of all reported assaults on law enforcement that year.[108] Non-compliance, such as failure to produce documents or exit the vehicle, further elevates danger, as evidenced by surveys of over 1,000 officers who cited it as a primary safety concern during stops involving suspected impairment or criminal activity.[109][110] Felonious killings of officers often originate from traffic-related scenarios, including pursuits and investigatory stops. The FBI's Law Enforcement Officers Killed and Assaulted (LEOKA) reports consistently highlight traffic contexts among leading circumstances for such deaths, with ambushes during stops contributing to spikes in recent years—for example, a 25% increase in overall officer fatalities from 2023 to 2024.[111][112] Additional risk factors include high-speed evasions and armed confrontations, where officers face immediate threats from firearms accessed within the vehicle. These dynamics persist despite training protocols, as the unpredictable nature of motorist behavior—driven by factors like intoxication or outstanding warrants—defies complete mitigation.[97]Disparity claims
Observed statistical patterns
In the United States, analyses of large-scale traffic stop data reveal consistent patterns of racial disparities in stop rates relative to population shares. Black drivers are stopped at rates approximately 20% higher than white drivers, adjusted for residential population proportions, based on a dataset encompassing nearly 100 million stops collected from 2001 to 2017 across 21 states.[113] Hispanic drivers experience stop rates similar to or slightly lower than those of white drivers in aggregate, though variations exist by jurisdiction.[50] These patterns hold after controlling for factors like time of day, with black drivers exhibiting a "veil of darkness" effect: stop rates for black drivers decrease relative to whites after sunset, when racial visibility diminishes, observed in 15 of 17 agencies studied.[113] Search rates during stops show sharper disparities, particularly for black drivers. Nationally, black drivers are subjected to vehicle or driver searches at rates 1.5 to 2 times higher than white drivers, with California data from 2019 indicating black drivers searched in 20% of stops by local agencies compared to 6-8% for whites and Latinos.[108] In Cleveland, Ohio, during 2023, black individuals were searched 64% more frequently than whites during traffic and other stops.[114] Hispanic search rates often align more closely with whites but exceed them in certain contexts, such as pretextual stops for equipment violations.[115] Contraband discovery rates, or "hit rates," further delineate patterns. Black drivers yield lower hit rates than whites in many jurisdictions, implying a higher proportion of unproductive searches; for instance, searches of black drivers uncover contraband at rates 10-20% below those for whites in aggregated national data, though exact figures vary by agency.[116] In contrast, some analyses find hit rates comparable across races when benchmarked against population-adjusted expectations, but deviations persist in high-discretion stops.[50] Arrest outcomes mirror search disparities, with black drivers arrested at rates over twice that of whites during stops, per 2022 Bureau of Justice Statistics survey data.[93]| Racial Group | Avg. Stop Rate Relative to Whites | Avg. Search Rate Relative to Whites | Typical Hit Rate Relative to Whites |
|---|---|---|---|
| Black | +20% | +50-100% | -10-20% or comparable |
| Hispanic | 0 to -10% | 0 to +50% | Comparable |
