Legal Question in Civil Rights Law in Oregon

Probable Cause

Police officer passes me from on-coming lane of traffic, turns around and pulls me over. He said that he stopped me because he recognized me from citation he issue me a year ago(DWS). Question, did he need probable cause to stop me and were my civil rights violated or do they even need a reason for a traffic stop? dj


Asked on 8/29/02, 3:55 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Probable Cause

Law enforcement is required to have a reasonable basis for detaining, however briefly, any citizen. In the example you give the officer must have observed an objectively demonstrable traffic offense in order to have the necessary legal basis for pulling you over and detaining you for questioning or whatever. The facts you give do not provide the necessary legal basis for a traffic stop.

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Answered on 8/30/02, 8:44 am


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