Understanding Bogus Traffic Violations: When Cops Use Non-Existent Offenses

When driving on the roads, it's important to be aware of all potential traffic violations that could lead to a police pull-over. However, there's a controversial and unsettling practice that involves using non-existent traffic violations to justify a stop and investigate potential criminal activity. These instances are often referred to as bogus traffic violations.

What Are Bogus Traffic Violations?

The term bogus traffic violations refers to situations where a law enforcement officer uses a traffic infraction that doesn't legally exist to pull someone over. The goal is usually to conduct a more thorough investigation or find evidence of other illegal activities.

This tactic is not limited to one form; instead, it can take many different shapes. Here are a few examples of common non-existent violations used by law enforcement:

Crossing a double orange line to change lanes at a light: In most places, including California, this is not a traffic violation. However, officers have been known to pull people over for this offense, even when the change of lanes was completely legal. Broken or incorrect headlights: California has very strict regulations regarding the color and functionality of headlights. Officers have been cited individuals when they have followed all the legal requirements. Minor infractions like having only one functioning tail light: While the law requires one tail light to be working, it does not require all of them to be functional. Many modern vehicles come with three, so the presence of even one working light is not a violation.

Why Bogus Traffic Violations Are Problematic

Bogus traffic violations not only lead to unnecessary stops but also can waste valuable time and resources. For example, an officer who has been tipped off about a suspected drug runner will look for any possible violation to justify stopping the vehicle. If the driver has a broken brake light, the officer will pull the car over under the pretense of this violation.

Once the stop is made, the officer will conduct a routine check, ask for identification and registration, and potentially question the driver and passengers. This setup might seem logical to many drivers, as it may appear that the stop is solely due to the reported minor violation.

The Consequences of Bogus Traffic Stoppers

However, the reality is more complex. Prosecutors and courts often need to weigh the legality of the initial stop. If it's determined that the initial stop was not legal, then any evidence derived from that stop cannot be used in court.

For instance, if an officer stops a vehicle because of a broken brake light, and during the stop, the officer finds illegal drugs, the defense can argue that the initial stop was illegal. This sets a precedent that any evidence found as a result of the stop cannot be used in court. This would mean that, despite the evidence found, the drug dealer could potentially walk free.

Conclusion

The use of bogus traffic violations is a serious issue in law enforcement. It not only undermines public trust in the justice system but also risks wrongful convictions and the violation of Constitutional rights.

Drivers should be aware of their legal rights and the potential for improper stops. If you ever suspect that a traffic stop was illegal, consult with a legal professional to understand your options and protect your rights.