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    ILLEGAL STOP MOTION

    I am a firm believer in your constitutional rights to privacy and to be free from unreasonable searches and seizures.  In the context of drinking and driving cases, this boils down to when a cop is legally allowed to pull you over.

    REASONABLE SUSPICION IS NEEDED TO STOP A VEHICLE

    In order for a police officer to stop your vehicle, they need to have reasonable suspicion that crime is afoot.  In the case of Terry v Ohio, 392 US 1 (1968), the Supreme Court of the United States recognized that a law enforcement officer’s  reasonable suspicion  that a person may be involved in criminal activity permits the officer to stop the person for a brief time and take additional steps to investigate further.  In Michigan, the Michigan Supreme Court has found that a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest.  People v Custer, 465 Mich 319, 327 (2001)  Further,  the Custer case also indicates that a brief, on‑the‑scene detention of an individual is not a violation of the Fourth Amendment as long as the officer can articulate a reasonable suspicion for the detention.  Finally, any violation of the Michigan Traffic Code, including things like speeding and defective equipment, is enough for a cop to stop your vehicle.

    PRETEXTUAL STOP

    A pretextual stop is when a police officer uses an excuse to pull you over when he or she suspects you of doing something else.  For instance, a pretextual stop may occur when a cop thinks you have drugs on you, and pulls you over for going one mile an hour over the speed limit.  In Michigan, A traffic stop may not be used as a pretext to search for evidence of a crime.  People v Haney, 192 Mich App 207, 209 (1991)  When the police lack the reasonable suspicion necessary to support a stop and use a minor violation to stop and search a person for evidence of an unrelated serious crime, the stop is a mere pretext.  Id  However, so long as the officer has probable cause to believe that a traffic violation occurred, the resulting traffic stop is not unlawful and does not violate the Fourth Amendment.  People v Davis, 250 Mich App 357, 363 (2002)  Although many lawyers will tell you that the pretextual stop argument doesn’t have much weight, I have found that given the right set of facts, you can win the pretextual stop argument.  Even if you don’t, juries don’t like cops pulling people over for no reason, so I’ve found hammering the cops about the lack of suspicion helps your case tremendously.

    NO REASONABLE SUSPICION TO STOP

    This is one of my favorite motions, as you wouldn’t believe how many video tapes I have seen where an officer stops somebody for no reason.  Of course, in the police report, the cop will indicate that they stopped the suspect for something like “lane straddling,” yet when you watch the video, there is no weaving in the lane.  Because of this, I have won this type of bad stop motion many times.  The trick is to do your homework and get the video of the stop.  Sometimes there will also be 911 calls or chatter between the cop and the central dispatcher.  Bottom line, you need to hammer the cop at an evidentiary hearing on why they pulled your client over.  A good cross examination will usually lead to the case getting dismissed.