Can an officer make alegal traffic stop based on a third party complaint?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an officer make alegal traffic stop based on a third party complaint?

A traffic stop was made based on a third party claim that I “appeared intoxicated”, not because of my driving but because of my appearance. Does the officer need to observe my driving and base his decision to stop me based on what he observes?

Asked on August 22, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If law enforcement in the state of California receives information from a third party advising that a crime may have possibly been in the process of occurring, under exisiting state law, law enforcement is entitled to (and is required) to perform an investigation to protect the public at large even if the stopping officer did not initially see the event leading to the third party complaint.

If in fact law enforcement received a complaint from a third party that you "appeared intoxicated" while driving a motor vehicle, law enforcement is required to respond to the area where you were reported, observe whether or not there is reason to stop you and either stop you for further inquiry or not.

Good question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption