Verified Document

Traffic Stops Generally, A Traffic Stop Consists Research Paper

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...

The stop itself should not be regarded as necessarily suspect for this reason (Ibid).
"Any peace officer may arrest without warrant a person found committing a violation of [Subtitle C ("Rules of the Road") of Title 7 of the Transportation Code]" (Texas Statutes, 2009, Trans. Code sec. 543.001). This basic statutory authorization for traffic stops is widely regarded as requiring that an offense be committed within the view of the officer (Farrell, et al., 2010). An officer who makes an "arrest" under section 543.001 must either immediately take the person before a magistrate or issue the person a "written notice to appear," generally referred to as a citation or ticket (Texas Statutes, 2009, Trans. Code secs. 543.002-003). A citation is mandatory if the offense is speeding or violation of the open container law, unless the person is a resident of another state or is operating a vehicle licensed in another state (Farrell, et al., 2010).

If the person arrested is issued a citation, the person must by signing the citation in duplicate make a written promise to appear in court as specified in the citation. When the person signs the citation, the officer retains the original and delivers the copy to the person arrested. "The officer shall then promptly release the person [arrested] from custody" (Texas Statutes, 2009, Trans. Code sec. 543.005). Although the Transportation Code uses the term "arrest" to describe the process by which a person is detained and later released pursuant to a promise to appear, it is clear that this procedure involves what both the courts and common usage refer to as a "traffic stop." Even though the statutory language requires that the detention involved be labeled an arrest, it is not the sort of "custodial arrest" that subjects the person to the incidental searches allowed by Fourth…

Sources used in this document:
References

Farrell, T.B., et al. (2010). Offenses relating to operation of vehicles. In Texas Jurisprudence 3rd ed. St. Paul, MN: West Publishing.

Melton, J. (2010). DWI law. Jerry Melton. Accessed December 2, 2010, from http://www.jerrymelton.com/DWI_Information.htm.

Texas Statutes. (2009). Accessed December 2, 2010, from http://www.statutes.legis.state.tx.us/.
Cite this Document:
Copy Bibliography Citation

Related Documents

Age of Traffic Speeders
Words: 3316 Length: 10 Document Type: Research Proposal

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

Air Traffic
Words: 28110 Length: 102 Document Type: Thesis

Air traffic has continued to increase and it now constitutes a considerable proportion of the travelling public. The amount of long-hour flights has increased significantly. Based on the International Civil Aviation authority, air traffic can be anticipated to double amid till 2020. Airline travel, especially over longer distances, makes air travelers vulnerable to numerous facets that will impact their health and well-being. Particularly, the speed with which influenza spreads and

Human Trafficking and Sex
Words: 10151 Length: 20 Document Type: Multiple Chapters

Human Trafficking: Comparative Analysis of Human Trafficking in the United States with the World Stephanie I. Specialized Field Project Human Trafficking is a very serious issue that affects every country around the world. Human Trafficking is also known as "Sex Trafficking," or "Modern Day Slavery," which reflects the primary reasons people are bought and sold today -- sex trade and involuntary labor. The Trafficking Victims Protection Act of 2000 (TVPA) defines sex trafficking as "the

Mexico Drug Trafficking Mexico, Political
Words: 4615 Length: 15 Document Type: Research Proposal

An estimated 275 "metric tons" of cocaine (a metric ton is 90% of a full ton, which is 2,240 pounds) arrive in Mexico each year, ready for transport into the U.S. -- and of those 275 metric tons the authorities average seizing about 36 metric tons. Doing the math quickly that indicates that about 239 metric tons of cocaine arrive in the U.S. annually, according to the GAO figures. As

Narcoterrorism and the Future
Words: 18088 Length: 70 Document Type: Capstone Project

Mexico faces an array of drug-related problems ranging from production and transshipment of illicit drugs to corruption, violence, and increased internal drug abuse. Powerful and well-organized Mexican organizations control drug production and trafficking in and through Mexico, as well as the laundering of drug proceeds. These organizations also have made a concerted effort to corrupt and intimidate Mexican law enforcement and public officials. In addition, the geographic proximity of

SL/https De-Encryption SSL/https is Widely
Words: 17577 Length: 63 Document Type: Dissertation

This is however, not considered foolproof. It is possible to break the security by a person having adequate technical expertise and access to the network at hardware level. In view of this the SSL method with right configuration is considered perfectly sufficient for all commercial purposes.5In order to safeguard the data while in transit it is customary to adopt a practical SSL protocol covering all network services that use

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now