Legal Question in Traffic Law in Texas
Does a policeman have to have some kind of probable cause to pull you over
If the policeman doesn't have probable cause to pull you over in the first place then shouldn't subsequent non-moving violations be null and void?
Asked on 12/29/04, 11:20 pm
1 Answer from Attorneys
Austin Nimocks
Austin R. Nimocks & Associates, P.L.L.C.
Re: Does a policeman have to have some kind of probable cause to pull you over
No. A police officer does not need probable cause to pull over a vehicle, but only a reasonable suspicion. However, if a police officer does not have such a reasonable suspicion then, as a general rule, anything resulting from that stop would be considered fruit of the poisonous tree. However, there are many exceptions to this rule, so you should contact an attorney for representation.
Answered on 12/30/04, 10:57 am
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