Editing Traffic stop

{{Short description|Detention of a driver by police}}
{{see also|Terry stop|Consent search}}
{{see also|Terry stop case law|Consent search case law}}
{{for|the 2017 American documentary film|Traffic Stop (film)}}
{{Globalize|2=the United States|date=June 2019}}
[[File:Police officers in Poland during the traffic stop, Zabrze, Silesian Voivodeship, Poland, November 2022.jpg|thumb|[[Policja]] officers conducting a traffic stop in [[Zabrze]], [[Poland]]]]
A '''traffic stop''', colloquially referred to as '''being pulled over''', is a temporary [[Detention (imprisonment)|detention]] of a driver of a [[vehicle]] and its occupants by [[police]] to [[Criminal investigation|investigate]] a possible [[crime]] or minor violation of law.
{{TOC limit|4}}

==United States==
[[File:LAPD Hollywood Traffic Stop.jpg|thumb|A [[Los Angeles Police Department]] [[Police motorcycle|motor officer]] writing a [[traffic ticket]] for a motorist]]
A traffic stop is usually considered to be a [[Terry stop|''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 suspicion|reasonable articulable suspicion]] that a [[crime]] has occurred or is about to occur.<ref>{{cite journal |last1=LaFave |first1=Wayne |date=August 2004 |title=The 'routine traffic stop' from start to finish: too much 'routine,' not enough Fourth Amendment |url=http://goliath.ecnext.com/coms2/gi_0199-3571012/The-routine-traffic-stop-from.html |journal=[[Michigan Law Review]] |volume=102 |issue=8 |pages=1843–1906 |doi=10.2307/4141969 |jstor=4141969 |authorlink1=Wayne LaFave|url-access=subscription }} 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''.</ref> 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.<ref name="livingston">{{Cite news |last=Livingston |first=Julie, and Andrew Ross |date=2023-02-03 |title=How US police got the deadly power to stop drivers at will |language=en-GB |work=The Guardian |url=https://www.theguardian.com/us-news/2023/feb/03/us-police-traffic-stops-tyre-nichols |access-date=2023-05-02 |issn=0261-3077}}</ref><ref name="mcentire"/>

=== Before probable cause ===
Traffic stops may be executed upon [[Reasonable suspicion|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|driving under the influence (DUI)]] based on driving behavior.  In some jurisdictions, [[Random checkpoint|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|probable cause for arrest]].  At this stage, the police are not required to issue a [[Miranda warning|''Miranda'' warning]], because a traffic stop prior to formal [[arrest]] is not considered to be [[Miranda warning#Circumstances triggering the Miranda requisites|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.

[[Implied consent#Non-evidential testing|Non-evidentiary testing]] falls under this stage because implied consent laws in the US generally do not apply to [[Breathalyzer#Law enforcement|Preliminary Breath Test (PBT)]] testing (small handheld devices, as opposed to evidential breath test devices).  (For some violations, such as refusals by [[Commercial driver's license|commercial drivers]] or by drivers under 21 years of age, some US jurisdictions may impose implied consent consequences for a PBT refusal,{{citation needed | date=June 2018}} but these are generally not considered to be a refusals under the general "''implied consent''" laws.)<ref>{{cite web|url=http://www.oregonlaws.org/ors/813.136|title=ORS 813.136 (2015) – Consequence of refusal or failure to submit to field sobriety tests|first=Oregon Legislative Counsel|last=Committee}}</ref> Participation in [[Drunk driving in the United States#Standardized Field Sobriety Tests|"field sobriety tests" (FSTs or SFSTs)]] is voluntary in the U.S..<ref name="nolo_ref-long">[https://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test.htm 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.")</ref><ref>[https://dui.findlaw.com/dui-arrests/can-i-refuse-to-take-field-sobriety-tests.html Findlaw ''Can I Refuse to Take Field Sobriety Tests?'']</ref>

=== Probable cause ===
{{Main|Probable cause}}
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 [[Driving under the influence|DUI]] stops, the "sufficient evidence" is used for requiring an evidentiary chemical test (e.g., [[Breathalyzer|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".<ref name="aba_birchfield">[http://www.abajournal.com/news/article/supreme_court_says_warrantless_blood_tests_incident_to_drunken_driving_arre/" Supreme Court says warrantless blood draws in DUI arrests are unconstitutional], ABA Journal</ref>

===Procedure===
[[File:El Centro Police Department Chevrolet Caprice PPV on traffic stop, c. August 2021.jpg|thumb|An [[El Centro, California|El Centro Police Department]] officer conducting a traffic stop]]
A stop is usually accomplished through a process known as "pulling over" the suspect's vehicle. [[Police car|Police vehicles]] (except those used by undercover personnel) traditionally have sirens, loudspeakers, and [[Light bar|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 (road)|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 [[Warrant (law)|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 [[Warning (traffic stop)|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.
{{anchor|Felony traffic stop}}[[File:Los Angeles Police Department Ford CVPIs on scene of felony traffic stop.jpg|thumb|Los Angeles Police Department officers conducting a felony traffic stop]]
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 of the United States|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,<ref>{{cite web | author=per curiam opinion | author-link=Per curiam | url=https://www.law.cornell.edu/supct-cgi/get-us-cite?434+106 | title= Pennsylvania v. Mimms, 434 U.S. 106 (1977) | work=[[Cornell Law]] | access-date=February 9, 2012}}</ref> as well as to order any passengers to exit the vehicle.<ref>{{cite web | author=Chief Justice [[William Rehnquist]] | url=https://www.law.cornell.edu/supct/html/95-1268.ZO.html | title=Maryland v. Wilson, 519 U.S. 408 (1997) | work=[[Cornell Law]] | access-date=February 9, 2012}}</ref>

=== Federal government ===
[[File:On Patrol in Puerto Rico.jpg|thumb|A [[Puerto Rico National Guard]] soldier assisting the [[Puerto Rico Police]] with a traffic stop, 2010. The National Guard was deployed to assist police while new [[Police cadet|police recruits]] were being trained.]]
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 [[War on drugs|drug interdiction]], but this has been expanded to include the [[War on Terror]].<ref>{{cite web |title=NCJRS Abstract - National Criminal Justice Reference Service |url=https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=268894 |access-date=2019-07-06 |publisher=Ncjrs.gov}}</ref><ref>{{cite web |last=Rusillo |first=Tracy |title=HIGHWAY SECURITY: FILLING THE VOID |url=http://apps.dtic.mil/dtic/tr/fulltext/u2/a552296.pdf |url-status=live |archive-url=https://web.archive.org/web/20170501232159/http://www.dtic.mil/dtic/tr/fulltext/u2/a552296.pdf |archive-date=May 1, 2017 |access-date=2019-07-06 |website=www.dtic.mil}}</ref> 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.<ref>{{cite web |title=Data-Driven Approaches to Crime and Traffic Safety (DDACTS) &#124; National Highway Traffic Safety Administration (NHTSA) |url=https://one.nhtsa.gov/Driving-Safety/Enforcement-&-Justice-Services/Data%E2%80%93Driven-Approaches-to-Crime-and-Traffic-Safety-(DDACTS) |access-date=2019-07-06 |publisher=One.nhtsa.gov}}</ref><ref>{{cite web |title=Data-Driven Approaches to Crime and Traffic Safety (DDACTS) &#124; National Highway Traffic Safety Administration (NHTSA) |url=https://www.nij.gov/topics/law-enforcement/operations/traffic/pages/ddacts.aspx |access-date=2019-07-06 |publisher=Nij.gov}}</ref> In the past, such approaches have been accused of promoting racial profiling.<ref>{{cite news |last=Kocieniewski |first=David |date=2000-11-29 |title=New Jersey Argues That the U.S. Wrote the Book on Race Profiling |work=New York Times |url=https://www.nytimes.com/2000/11/29/nyregion/new-jersey-argues-that-the-us-wrote-the-book-on-race-profiling.html |access-date=30 September 2018}}</ref><ref>{{cite web |date=2010-02-02 |title=Driving While Black: Racial Profiling On Our Nation's Highways &#124; American Civil Liberties Union |url=https://www.aclu.org/report/driving-while-black-racial-profiling-our-nations-highways |access-date=2019-07-06 |publisher=Aclu.org}}</ref>

Federal grants to states often use the number of traffic tickets as a performance measure.<ref name="mcentire">{{Cite news |last1=McIntire |first1=Mike |last2=Keller |first2=Michael H. |date=2021-10-31 |title=The Demand for Money Behind Many Police Traffic Stops |language=en-US |work=The New York Times |url=https://www.nytimes.com/2021/10/31/us/police-ticket-quotas-money-funding.html |access-date=2023-05-02 |issn=0362-4331}}</ref>

==Controversy==

===Reducing minor traffic stops===
{{see|Driving while black}}
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,<ref name="marshall">{{Cite web |last=Lartey |first=Jamiles |date=2023-02-11 |title=How Police Traffic Stops May Change After Tyre Nichols' Death |url=https://www.themarshallproject.org/2023/02/11/police-tyre-nichols-traffic-stop |access-date=2023-02-24 |website=The Marshall Project |language=en}}</ref><ref name="pew">{{Cite web |last=Mercer |first=Marsha |date=2020-09-03 |title=Police 'Pretext' Traffic Stops Need to End, Some Lawmakers Say |url=https://pew.org/3gToNRD |access-date=2023-02-07 |website=pew.org |language=en}}</ref>
which put both police and drivers at risk<ref name="chapman">{{Cite web |last=Chapman |first=Steve |date=2017-07-20 |title=Curbing Traffic Stops Would Save Lives |url=https://reason.com/2017/07/20/curbing-traffic-stops-would-save-lives/ |access-date=2023-02-07 |website=Reason.com |language=en-US}}</ref>
and lower trust in the police.<ref name="marshall"/>
Nationally, 43% of traffic stops are for speeding, 24% for broken equipment, and 9% for suspected criminal activity.<ref name="rand"/> 730 police killings from 2017 to 2022 started with traffic stops.<ref name="moreno">{{Cite news |last=Moreno-Rivera |first=Finesse |date=2022-11-30 |title=Police kill far too many people during traffic stops. We must change why stops are made. |language=en-US |work=USA Today |url=https://www.usatoday.com/story/opinion/policing/2022/11/20/police-killings-no-decline-despite-reforms-george-floyd/10648861002/ |access-date=2023-05-02}}</ref>
7% of killings by police started with a traffic stop. Two thirds of killings by police started with no crime or a nonviolent crime.<ref name="mpv">{{Cite web |title=Mapping Police Violence |url=https://mappingpoliceviolence.us/ |access-date=2023-02-24 |website=Mapping Police Violence |language=en-US}}</ref>

Jurisdictions can still use traffic cameras,<ref name="chapman"/>
send tickets in the mail<ref name="vera">{{Cite web |last=Dholakia  |first=Nazish, and Akhi Johnson  |date=2022-02-09 |title=Low-Level Traffic Stops Too Often Turn Deadly. Some Places Are Trying… |url=https://www.vera.org/news/low-level-traffic-stops-too-often-turn-deadly-some-places-are-trying-to-change-that |access-date=2023-02-07 |website=Vera Institute of Justice |language=en-US}}</ref><ref name="lof22">P. 24: "mailing warnings or citations to the registered owner of the vehicle." {{Cite web |last=Lofstrom |first=Magnus, Joseph Hayes, Brandon Martin, and Deepak Premkumar  |date=2022-10-05 |title=Racial Disparities in Traffic Stops |url=https://www.ppic.org/publication/racial-disparities-in-traffic-stops/ |access-date=2023-08-04 |website=Public Policy Institute of California |language=en-US}}</ref>
and can pull the car over and send a text message if both driver and police agency sign up for the service.<ref name="kxan">{{Cite web |date=2023-01-20 |title=New policing tool could eliminate the need for some traffic stops |url=https://www.kxan.com/news/texas/new-policing-tool-could-eliminate-the-need-for-some-traffic-stops/ |access-date=2023-02-24 |website=KXAN Austin |language=en-US}}</ref>

75% of police have not received recent hands-on training in removing a noncompliant person from a vehicle.<ref name="rand">{{Cite web |last=Harrison |first=Bob |date=2021-06-30 |title=Stop, Start, or Continue? A National Survey of the Police About Traffic Stops |url=https://www.rand.org/blog/2021/06/stop-start-or-continue-a-national-survey-of-the-police.html |access-date=2023-02-07 |website=www.rand.org |language=en}}</ref> 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.<ref name="aclu">{{Cite web |date=2012-06-05 |title=Dealing with Law Enforcement |url=https://www.aclusocal.org/en/dealing-law-enforcement |access-date=2023-02-07 |website=ACLU of Southern California |language=en}}</ref>
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.<ref name="tcr"/>

Some departments have quotas for at least a minimum number of traffic stops per officer per month,<ref name="banner">{{Cite web |last=Conarck |first=Ben |date=2023-02-08 |title=Leaked docs: State police use quota-like system to reward arrests |url=https://www.thebaltimorebanner.com/community/criminal-justice/maryland-state-police-quota-points-system-leaked-documents-WAGOQ4PLVFBJVEZIUJXUZUBB7Q/ |access-date=2023-02-24 |website=the-baltimore-banner |language=en}}</ref>
or supervisor pressure.<ref name="bbc">{{Cite web |last=Debusmann |first=Bernd  |date=2023-01-31 |title=Why do so many police traffic stops turn deadly? |url=https://www.bbc.com/news/world-us-canada-64458041 |access-date=2023-02-24 |website=BBC News |language=en-GB}}</ref>

Illinois in 2016 found contraband in one stop per 242.<ref name="chapman"/>
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. <ref>{{Cite journal|last1=Sarode|first1=Anuja L.|last2=Ho|first2=Vanessa P.|last3=Chen|first3=Lin|last4=Bachman|first4=Katelynn C.|last5=Linden|first5=Philip A.|last6=Lasinski|first6=Alaina M.|last7=Moorman|first7=Matthew L.|last8=Towe|first8=Christopher W.|date=2021-07-01|title=Traffic stops do not prevent traffic deaths|journal=The Journal of Trauma and Acute Care Surgery|volume=91|issue=1|pages=141–147|doi=10.1097/TA.0000000000003163|issn=2163-0763|pmid=34144561|pmc=8900371 |s2cid=233704108}}</ref>
France, England and Wales use traffic stops at a quarter to a third of the US rate.<ref name="chapman"/>

====Table of state and local practices====

{|class="wikitable sortable" style="font-size: 75%; text-align: center; width: auto;"
|+Reasons which do not justify a traffic stop
|-
!Jurisdiction||State||Lights||Tags & stickers||Blocked view||Other||Pedestrian
|-
|Berkeley||CA<ref name="kirk">{{Cite web |last1=Kirkpatrick |first1=David D. |last2=Eder |first2=Steve |last3=Barker |first3=Kim |date=2022-04-15 |title=Cities Try to Turn the Tide on Police Traffic Stops |url=https://www.nytimes.com/2022/04/15/us/police-traffic-stops.html |access-date=2023-02-07 |website=The New York Times |language=en-US}}</ref>
|colspan=5|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.<ref name="ripapp"/>
|-
|San Francisco City/County (subject to union negotiation)<ref name="holder"/>||CA<ref name="dickey">{{Cite web |last=Dickey |first=Megan Rose |date=2023-01-13 |title=San Francisco Police Commission votes to restrict low-level traffic stops |url=https://www.axios.com/local/san-francisco/2023/01/13/low-level-traffic-stops-restriction-san-francisco-police |access-date=2023-02-07 |website=Axios |language=en}}</ref><ref name="sf9">{{Cite web |last=San Francisco Police Department |date=2023-01-11 |title=CURTAILING THE USE OF PRETEXT STOPS |url=https://sf.gov/sites/default/files/2023-01/PoliceCommission11123-DGO%209.07_12.28.22_CLEAN.pdf |website=San Francisco}}</ref> || 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<ref name="kirk"/><ref name="jany">{{Cite web |last=JANY |first=LIBOR, and BEN POSTON |date=2022-11-14 |title=Minor police encounters plummet after LAPD put limits on stopping drivers and pedestrians |url=https://www.latimes.com/california/story/2022-11-14/minor-traffic-stops-plummet-in-months-after-lapd-policy-change |access-date=2023-02-07 |website=Los Angeles Times |language=en-US}}</ref>
|colspan=5|(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<ref name="lam">{{Cite web |last=Chief of Police |date=2022-03-01 |title=Department Manual Section 1/240.06, Policy - Limitation on Use of Pretextual Stops |url=http://www.lapdpolicecom.lacity.org/030122/BPC_22-042.pdf |website=Los Angeles City Police Commission}}</ref>
|-
|Lansing||MI<ref name="kirk"/><ref name="ripapp"/>||license plate light out, cracked taillights|| ||dangling ornaments, and window treatments||regulatory violations such as, cracked windshields, loud exhaust||
|-
|Brooklyn Center||MN<ref name="kirk"/>
|colspan=5|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"<ref name="ripapp"/>
|-
|Minneapolis||MN<ref name="ripapp"/><ref name="mnpol">{{Cite web |date=2021-10-08 |title=Minneapolis Police Policy and Procedure Manual, Section 7-604 Traffic |url=https://www.minneapolismn.gov/media/-www-content-assets/documents/MPD-Policy-and-Procedure-Manual.pdf |access-date=2023-08-03 |website=Minneapolis City Government}}</ref>||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<ref name="vera"/>|| || || || ||
|-
|Fayetteville||NC<ref name="jallow">{{Cite web |last=Jallow |first=Ahmed |date=2022-03-21 |title=Taking cops out of traffic stops: Would it make a difference? North Carolina examples offer a clue |url=https://www.thetimesnews.com/in-depth/news/2021/03/22/police-reform-fayetteville-burlington-nc-traffic-stops-policing/4622232001/ |access-date=2023-02-07 |website=www.thetimesnews.com |language=en}}</ref>|| || || || ||
|-
|Mecklenburg County||NC<ref name="white">{{Cite web |last=White |first=Herbert |date=2022-10-02 |title=Mecklenburg County Sheriff's Office ends administrative traffic stops |url=https://www.thecharlottepost.com/news/2022/10/02/local-state/mecklenburg-sheriff-s-office-ends-traffic-stops-for-administrative-violations/ |access-date=2023-02-07 |website=www.thecharlottepost.com |language=en-US}}</ref>|| || || || ||
|-
|All state||OR<ref name="or">{{Cite web |date=2022-03-04 |title=SB1510 2022 Regular Session - Oregon Legislative Information System |url=https://olis.oregonlegislature.gov/liz/2022R1/Measures/Analysis/SB1510 |access-date=2023-02-24 |website=olis.oregonlegislature.gov}}</ref>||1 headlight, taillight or brake light, non-red taillight, license plate light|| || || ||
|-
|Philadelphia, may mail citation or warning.||PA<ref name="kirk"/><ref name="ripapp"/><ref name="holder">{{Cite web |last=Holder |first=Sarah |date=2023-02-02 |title=These Cities Are Limiting Traffic Stops for Minor Offenses |url=https://www.bloomberg.com/news/articles/2023-02-02/police-traffic-stops-face-new-scrutiny-after-tyre-nichols-death |access-date=2023-02-07 |website=Bloomberg.com |language=en}}</ref> ||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<ref name="kirk"/> 
|colspan=5| same as Philadelphia,<ref name="ripapp"/> police not following limits<ref name="holder"/>
|-
|Memphis||TN<ref name="burgess">{{Cite news |last=Burgess |first=Katherine, and Lucas Finton |date=2023-04-11 |title=Memphis passes 'Achieving Driving Equality' ordinance after Tyre Nichols' death |language=en-US |work=Commercial Appeal |url=https://www.commercialappeal.com/story/news/politics/2023/04/11/memphis-passes-achieving-driving-equality-after-tyre-nichols-death/70099925007/ |access-date=2023-05-02}}</ref>||one light out||registration up to 2 months late or not secure, temporary registration shown in wrong place|| || bumper loose||
|-
|All state||VA<ref name="kirk"/><ref name="valis">{{Cite web |date=2020-11-09 |title=Bill Tracking - 2020 session > Legislation, H5068 |url=https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0045 |access-date=2023-08-04 |website=Virginia Legislative Information System}}</ref>||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
|colspan=5|Reports required by January<ref name="vt23a">{{Cite web |date=2023-01-15 |title=REPORT TO THE VERMONT LEGISLATURE In Accordance with Act 106 (2022), Relating to Secondary Enforcement of Minor Traffic Offenses. |url=https://legislature.vt.gov/Documents/2024/WorkGroups/House%20Transportation/Reports%20and%20Resources/W~Agency%20of%20Transportation~An%20Act%20Relating%20to%20Secondary%20Enforcement%20of%20Minor%20Traffic%20Offenses~1-13-2023.pdf |access-date=2023-08-03 |website=Vermont Legislature}}</ref> & October 2023<ref name="vt22">{{Cite web |date=2022-05-09 |title=H.635 (Act 106), An act relating to secondary enforcement of minor traffic offenses |url=https://legislature.vermont.gov/Documents/2022/Docs/ACTS/ACT106/ACT106%20As%20Enacted.pdf |access-date=2023-08-03 |website=Vermont General Assembly}}</ref>
|-
|Chittenden County||VT<ref name="vera"/>|| || || || ||
|-
|Seattle||WA<ref name="kirk"/><ref name="green">{{Cite web |last=Green |first=Sara Jean |date=2022-01-18 |title=Seattle Police will no longer enforce some minor traffic violations |url=https://www.police1.com/patrol-issues/articles/seattle-police-will-no-longer-enforce-some-minor-traffic-violations-AtJzjC7QPYhEiVdC/ |access-date=2023-02-07 |website=Police1 & Seattle Times |language=en}}</ref>|| || || || ||
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|}

===Racial disparities===
Stanford has compiled data on race of drivers stopped in 200 million traffic stops.<ref name="stan">{{Cite web |title=The Stanford Open Policing Project |url=https://openpolicing.stanford.edu/ |access-date=2023-02-07 |website=openpolicing.stanford.edu}}</ref>
Stops are particularly common and harmful for minorities.<ref name="tcr">{{Cite web |date=2018-07-17 |title=Why Traffic Stops Don't Stop Crime |url=https://thecrimereport.org/2018/07/17/why-traffic-stops-dont-stop-crime/ |access-date=2023-02-07 |website=The Crime Report |language=en-US}}</ref>
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.<ref name="ripa">{{Cite web |title=RIPA Board Reports |url=https://oag.ca.gov/ab953/board/reports |access-date=2023-08-03 |website=State of California - Department of Justice - Office of the Attorney General |date=28 December 2018 |language=en}}</ref>

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.<ref name="ojp6"/> 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.<ref name="nij13">{{Cite web |date=2013-01-09 |title=Racial Profiling and Traffic Stops |url=https://nij.ojp.gov/topics/articles/racial-profiling-and-traffic-stops |access-date=2023-08-03 |website=National Institute of Justice |language=en}}</ref>
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.<ref name="nm7">{{Cite web |date=September 2007 |title=Bias-Based Policing: a Literature Review |url=https://isr.unm.edu/reports/2007/Bias%20Based%20Lit%20Review.pdf |website=New Mexico Sentencing Commission}}</ref>
A 2006 report from the US Department of Justice shows the different comparison groups used by studies up to that point.<ref name="ojp6">Table 4.9 on p.123,  discussed on pp.30-31. {{Cite web |last=McMahon  |first= Joyce; Joel Garner; Ronald Davis; Amanda Kraus  |date=July 2006|title=How to Correctly Collect and Analyze Racial Profiling Data: Your Reputation Depends On It!  |url=https://citeseerx.ist.psu.edu/document?repid=rep1&type=pdf&doi=3cf46e7dd9bbf5a2f2799104e4f782684e0a1e2b |access-date=2023-08-03 |website=Office of Justice Programs, US Department of Justice}}</ref> 
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.<ref name="porac23">{{Cite web |last=Withrow |first=Brian L.  |date=2023-01-02 |title=Racial & Identity Profiling Advisory Board 2022 Annual Report, A Critical Analysis |url=https://porac.org/wp-content/uploads/PORAC-2022-RIPA-Report-Analysis_FINAL.pdf |website=Peace Officers Research Association of California (PORAC)}}</ref>

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.<ref name="ripapp">{{Cite web |date=2023-01-01 |title=RIPA Appendix 2023 |url=https://oag.ca.gov/system/files/media/ripa-appendix-2023.pdf |access-date=2023-08-03 |website=State of California - Department of Justice - Office of the Attorney General |language=en}}</ref> 
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.<ref name="ripa"/>) 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.<ref name="ct">{{Cite news |last=Nierenberg |first=Amelia |date=2023-09-04 |title=Over 100 Connecticut state troopers accused of faking traffic stops |language=en-US |work=Boston Globe |url=https://www.boston.com/news/national-news/2023/09/04/over-100-connecticut-state-troopers-accused-of-faking-traffic-stops/ |access-date=2023-09-13}}</ref>

===Exemptions for police friends, families and contacts===
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.<ref name="way">{{Cite news |last=Way |first=Katie |date=2020-09-02 |title=The Little Cards That Tell Police 'Let's Forget This Ever Happened' |language=en |work=Vice |url=https://www.vice.com/en/article/pba-card-police-courtesy-cards/ |access-date=2023-06-05}}</ref><ref name="helmore">{{Cite news |last=Helmore |first=Edward |date=2023-06-04 |title=Traffic cop sues city over 'get-out-of-jail-free' cards for NYPD friends and family |language=en-GB |work=The Guardian |url=https://www.theguardian.com/us-news/2023/jun/04/nypd-lawsuit-courtesy-cards-traffic-tickets |access-date=2023-06-05 |issn=0261-3077}}</ref> The pressure can be from fellow officers<ref name="way"/> and supervisors.<ref name="helmore"/> 

The cards have been issued in New York City, New Jersey,<ref name="way"/> Boston,<ref name="sanok">{{Cite news |last=Sanok |first=Ann |date=2007-07-06 |title=Recreation struggles to survive |language=en-US |work=South Coast Today |url=https://www.southcoasttoday.com/story/news/2007/07/06/recreation-struggles-to-survive/52857625007/ |access-date=2023-06-05}}</ref> Los Angeles<ref name="grace">{{Cite news |last=Grace |first=Roger |date=2015-10-07 |title='Courtesy Cards' Shield Bearer From Traffic Tickets |work=Metropolitan News-Enterprise |url=http://www.metnews.com/articles/2015/perspectives102715.htm |access-date=2023-06-05}}</ref> and Philadelphia.<ref name="steele">{{Cite news |last=Steele |first=Allison |date=2010-06-07 |title=Police say don't confuse courtesy cards with a free pass |language=en |work=Philadelphia Inquirer |url=https://www.inquirer.com/philly/news/local/20100607_Police_say_don_t_confuse_courtesy_cards_with_a_free_pass.html |access-date=2023-06-05}}</ref> 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.<ref name="grace"/> 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.<ref name="grace"/> 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.<ref name="grace"/>

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.<ref name="rosenblum">{{Cite web |date=2021-06-19 |title=Do PBA Cards Really Work? - Rosenblum Law |url=https://traffictickets.com/blog/pba-cards-work/ |access-date=2023-06-05 |website=traffictickets.com |language=en-US}}</ref><ref name="weiss">{{Cite web |last=Weiss |first=Matthew |date=2022-11-22 |title=What is a PBA Card and Will One Help Me Get Out of a Ticket? |url=https://nytrafficticket.com/what-is-a-pba-card-and-will-one-help-me-get-out-of-a-ticket/ |access-date=2023-06-05 |website=Weiss & Associates, P.C. |language=en-US}}</ref>

The cards have a racial effect, since police are disproportionately white. The cards go to whites disproportionately, including as Christmas gifts,<ref name="bal"/> 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.<ref name="helmore"/>

The cards have been used since at least 1936.<ref name="way"/><ref name="alex">{{Cite news |last=Alexander |first=Jack |date=1936-10-03 |title=Independent Cop, Profile of Police Commissioner Lewis J. Valentine |work=New Yorker |url=https://www.newyorker.com/magazine/1936/10/03/independent-cop-i}}</ref> 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.<ref name="bal">{{Cite news |last=Balsamini |first=Dean |date=2018-01-21 |title=Police union slashes number of 'get out of jail free' cards issued |language=en-US |work=New York Post |url=https://nypost.com/2018/01/21/police-union-slashes-number-of-get-out-of-jail-free-cards-issued/ |access-date=2023-06-05}}</ref><ref name="way"/>

===Legal basis for stops===
In the United States, traffic stops have been criticized for their use in police [[dragnet (policing)|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 United States Constitution|Fourth Amendment to the Constitution]], part of the [[United States Bill of Rights|Bill of Rights]], contains a provision against [[Fourth Amendment to the United States Constitution|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 checkpoint]]s is constitutional. Under the [[Ninth Amendment to the United States Constitution|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 to the United States Constitution|Fourth Amendment]].

==See also==
* [[Traffic ticket]]
* [[Traffic police]]
* [[Highway patrol]]
* [[State police]]
* [[Traffic warden]]
* [[Consent search]]
* [[Car chase]]
* [[Motor vehicle exception]]

==References==
{{Reflist}}

==Further reading==
* {{cite book |last1=Baumgartner  |first1=Frank R. |last2=Epp |first2=Derek A. |last3=Shoub |first3=Kelsey |date=July 10, 2018 |title=Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race}}

==External links==
{{commons category|Traffic stops}}
* {{cite web |url=https://openpolicing.stanford.edu/ |title=The Stanford Open Policing Project  |publisher=Stanford University |website=Database of records from millions of traffic stops by law enforcement agencies across the country. |access-date=September 30, 2018}}
* [http://www.washtimes.com/national/20050125-121237-9080r.htm Narcotics searches in traffic stops OK] – Jerry Seper, ''[[The Washington Times]]'' (January 25, 2005)
* [http://www.bjs.gov/content/pub/pdf/pbtss11.pdf Police Behavior during Traffic and Street Stops] [[Bureau of Justice Statistics]]
* [http://www.txdps.state.tx.us/director_staff/public_information/reports.htm Traffic Stop Data Reports] [[Texas Department of Public Safety]]

{{Traffic law |state=collapsed}}

{{Authority control}}

[[Category:Law enforcement]]
[[Category:Law enforcement in the United States]]
[[Category:Law enforcement techniques]]
[[Category:Searches and seizures]]
[[Category:Traffic law]]