Legal Question in Traffic Law in Oregon

traffic law

does a cop have to have their lights on to make and during a traffic stop?


Asked on 2/26/09, 12:41 am

2 Answers from Attorneys

Erin Fitzgerald Case & Dusterhoff, LLP

Re: traffic law

No, an officer's authority to stop you is not related to whether he or she chooses to use emergency lights while conducting a traffic stop. An officer may stop you when he or she has either a reasonable suspicion that you committed a crime or probable cause (meaning: more likely than not) that you committed an infraction (such as speeding). The stop itself can be accomplished by any lawful show of authority.

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Answered on 2/26/09, 1:01 am
Erin Fitzgerald Case & Dusterhoff, LLP

Re: traffic law

No, an officer's authority to stop you is not related to whether he or she chooses to use emergency lights while conducting a traffic stop. An officer may stop you when he or she has either a reasonable suspicion that you committed a crime or probable cause (meaning: more likely than not) that you committed an infraction (such as speeding). The stop itself can be accomplished by any lawful show of authority.

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Answered on 2/26/09, 1:01 am


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