Legal Question in Traffic Law in Pennsylvania
parking violation vs. driving violation
If a police officer observes an expired inspection sticker on a vehicle, can he wait until the owner gets in and drives off to then perform a traffic stop?
1 Answer from Attorneys
Re: parking violation vs. driving violation
Unfortunately, the answer is yes. The U.S. Supreme Court has even ruled that pretext stops are permissible. For example, it is unlawful to pull someone over because of the color of his skin, but an officer who admits to this improper motivation is still allowed to make a traffic stop, so long as there is in fact an additional, lawful reason to do so - like an expired inspection sticker.
Terrible law. We need to stop electing Republican presidents if we ever hope to have our constitutional rights restored.
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