Traffic Stops
Generally, a traffic stop consists of an officer placing a person in custody pursuant to the authority in the Texas Transportation Code for a violation of a traffic law contained in either the Transportation Code or a local ordinance. Unfortunately, the statutory framework and the case law encourage confusion. Among the most perplexing problems in this area is that of determining how a particular detention is best characterized for purposes of legal analysis. What are often characterized as traffic stops are in reality stops made to investigate suspicions of other offenses. Usually, a traffic stop is based on action taken while driving or at least operating a motor vehicle. This need not be the case, however. Chapter 552 of the Transportation Code, for example, is titled, "Pedestrians" and prohibits some actions that can be taken on foot (Texas Statutes, 2009).
Given the confusion between arrests and detentions to issue citations, the subject is further muddled a law enforcement officer's decision to issue not a citation but a "warning" or to make a stop for that purpose. The matter is complicated by the complete lack of any provision for or reference to such warnings in the Code of Criminal Procedure or the traffic statutes (Melton, 2010). An officer has discretion in regard to traffic offense situations that includes not only to issue a citation or make a custodial arrest but also to take informal actions such as issuing of a warning. If a traffic stop is otherwise proper, a showing that the officer during the stop decided to neither arrest nor issue a citation and instead issue a warning is of no significance (Farrell, et al., 2010).
If the evidence shows that an officer made a stop intending to issue a warning rather than issue a citation or make a custodial arrest, this similarly should have no effect. The standard for determining the...
Age of Traffic Speeders General Problem Area This research proposal is designed to find out the relationship between speeding in a motor vehicle, and the age of the speeder. There are many variables that make up the sum total of a traffic accident, and one of those is whether or not any or all of the vehicles were speeding at the time the accident occurred (Vinluan, 2008). The proposal here will not
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