Legal Question in Traffic Law in Minnesota
If a police officer is driving and sees a person who they believe looks young out past a designated state curfew, would this be a specific and articulable fact under Terry v. Ohio for them to be able to ask for identification? In other words, can officers pull you over strictly because you look young and then ask to see how old you are and if you are breaking curfew?
1 Answer from Attorneys
Sometimes yes, sometimes no. A stop issue like this is evaluated on a case by case basis. The judge would have to hear the testimony and then decide whether the officer reasonably suspected that the person was under the curfew age. If the officer can articulate particularized facts that reasonably led to the suspicion, it may be a good stop. A good lawyer will try to poke big holes in tthe officer's story. Hire a lawyer. Give me a call.
Samuel J. Edmunds
www.siebenedmunds.com
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