According to online legal library, FindLaw, probable cause refers to the requirement, stemming from the Fourth Amendment to the Constitution, that police have adequate reason to conduct a search, seize property, or arrest someone. Police officers cannot search or arrest you without a warrant backed by probable cause. That means if you are pulled over for a traffic violation, and no probable cause exists, then you should be free to go after a warning or ticket is issued. If the officer unreasonably extends the stop, they are violating your rights.
Routine Traffic Stop
The Kansas Supreme Court reinforced this interpretation of the Fourth Amendment in their 2018 ruling on State v. Jimenez. The case revolved around officers extending a traffic stop by asking a woman and her passenger questions about travel plans and making them wait on a criminal background check so that a drug-sniffing dog could arrive. Jimenez’s attorney argued the officer violated their Fourth Amendment rights by detaining them without probable cause. In their ruling, the Court defined several parameters that law enforcement officers must follow during a routine traffic stop.
According to the Kansas Supreme Court ruling:
- A routine traffic stop begins when the vehicle is pulled over and ends when the law enforcement officer has no further need to control the scene and tells the driver they are free to leave.
- Traffic stops cannot be measurably extended beyond the time necessary to process the infraction that prompted the stop unless they have probable cause or receive consent.
- Apart from issuing a citation, the law enforcement officer’s mission in a traffic stop includes checking the driver’s license, checking for outstanding warrants, inspecting vehicle registration and proof of insurance. Any questions must be limited to the reason the driver was pulled over.
- Without probable cause, the officer may not measurably extend the traffic stop by asking questions not related to the reason the driver was pulled over.
- An officer does not have to disregard information that may lead to probable cause.
Looking For DUI Attorneys In Wichita?
No matter where you are in the DUI process, we recommend that you contact the McConnell Law Firm for a consultation as soon as possible. It’s important to remember that every case is different, and no conclusions should be drawn without first consulting an attorney about the specifics of your case.
We will walk you through the process of both the administrative and criminal proceedings and fight to reduce the time you spend in court proceedings. As your attorneys, we may be able to win an acquittal, win a dismissal, or negotiate a diversion and help protect your driving privileges as well as reducing the impact on your driving record and future insurance payments.
Please contact our DUI attorneys today for a free consultation. We look forward to helping you!
