Legal Question in Traffic Law in Kansas

Re: Probable cause for traffic stop, is a cigrette butt out the window considere

You did not say what occurred after you were stopped. Probable cause for astop. usually only matters when someone has been charged with a crime or violation of an ordinance. Have you or your passenger been charged with anything?

If, however, you mean to ask if it was harassment for the officer to pull you over, then the justification for the stop may have some importance. You did not say whether the officer is a local police officer, a County deputy or highway patrolman. I am assumming it was an Iola officer. I am also assuming that Iola has a specific ordinance prohibiting littering, which is waht your passenger did. If those assumptions are accurate, than, YES the officer did have probably cause to pull you over. If, howeer, you were not within the city limits of Iola, and then a municipal officer probably would not have cause to pursue you outside his jurisdiction and pull you over for a minor ordinance violation. If it was a deputy or highway patrolman, then they probably would have justification to pull you over under the state or federal prohibitions from littering on the highways.

If you, nor your passenger, were charged with anything, then I cannot see the justification for the stop, after the admitted littering, being an issue, unless something else occurred after the stop.

Tony Smith