When Is Violating the Constitution by Pulling Over Motorists With No Legal Justification 'Not a Bad Thing'?

Source: Reason
Published: Jul 29, 2019
Author: Jacob Sullum
Post Date: 2019-07-30 05:17:20 by Deckard
Views: 1688

This morning a Phoenix TV station aired a feel-good story about cops who are "rewarding people for good driving behavior" by pulling them over and giving them coupons for drinks at Circle K convenience stores. "If you see a Tempe police officer pulling you over," chirped Colleen Sikora, a correspondent for the NBC affiliate KPNX, "it may not be a bad thing. If an officer sees someone following traffic laws correctly related to bicycles and pedestrians, they can pull you over, but instead of a citation, you'll get a free drink coupon for either a cold drink or hot beverage…They're kicking off the campaign this morning at 8 a.m., so if you see police lights in your rear view mirror, maybe hold off on the panic."

For anyone who values the Fourth Amendment, which requires that police have reason to believe a driver has committed a crime or a traffic violation to justify forcibly detaining him, the program described by Sikora is definitely "a bad thing." That sentiment is clearly shared by viewers who reacted to the story on Twitter. "This is an insanely bad & illegal idea," one commented. "This is actually illegal," observed another.

Seth Stoughton, a former police officer who is now a law professor at the University of South Carolina, elaborated: "This is absolutely unlawful. A traffic stop is a seizure, and must be supported by probable cause of a traffic infraction or reasonable suspicion of a crime. A traffic stop that lacks one of those legal justifications violates the Fourth Amendment."

To its credit, the Tempe Police Department seems to recognize that stopping motorists because they are not committing any traffic violations would be unconstitutional. According to the written version of the story on the KPNX website, bylined by Sikora herself, Tempe Det. Greg Bacon "said officers won't be pulling over drivers, but officers will find opportunities to engage and educate citizens on traffic laws."

Bacon explains the "Positive Ticketing Campaign" this way: "We will be having positive conversations with citizens. Say an officer happens to stop somewhere and see somebody, and says, 'Hey, would you mind having a conversation with me?' [to] educate them on bicycle laws and traffic laws." KSAZ, the Fox station in Phoenix, likewise says "Tempe police report they will not be pulling anyone over to give them a free drink coupon." In a tweet this afternoon, the Tempe Police Department reiterated that officers "will not be proactively stopping vehicles, bicycles, scooters or pedestrians."

A police department dispatcher described the Positive Ticketing Campaign as a "back-to-school program" aimed at bikers, scooters, and pedestrians. She told me it was never meant to target motorists.

Given that police officers across the country have been less punctilious about following the Fourth Amendment when they perceive themselves as doing nice things for people, Sikora's initial confusion may be understandable. But her insouciance in the face of blatant constitutional violations is harder to fathom.

[Thanks to Seth Mandel for the tip.]

Post Comment   Private Reply

#1: misterwhite    To: Deckard (#0)

The U.S. Constitution protects rights, not behavior. A traffic stop lacking probable cause of a traffic infraction or reasonable suspicion of a crime means that any evidence collected cannot be used against you in a court of law.

It does not mean you can't be pulled over.

misterwhite posted on 2019-07-30 08:48:05   Reply   Private Reply


#2: randge    To: misterwhite (#1)

With respect, I do not believe that's true.

In order to be detained, at a a minimum, a subject must exhibit behavior or give outward sign that gives LE reasonable suspicion that an infraction of law has occured.

I don't believe that I can be pulled over for nothing or that I can be detained for being good.

That is how I understand the law. Perhaps some of the big brains here can tell me how or where I am wrong.

randge posted on 2019-07-30 12:13:15   Reply   Private Reply


#3: nolu chan    To: Deckard (#0)

Seth Stoughton, a former police officer who is now a law professor at the University of South Carolina, elaborated: "This is absolutely unlawful. A traffic stop is a seizure, and must be supported by probable cause of a traffic infraction or reasonable suspicion of a crime. A traffic stop that lacks one of those legal justifications violates the Fourth Amendment."

Concur.

nolu chan posted on 2019-07-30 13:57:05   Reply   Private Reply


#4: nolu chan    To: Deckard (#0)

Traffic stops would not be justified. However, as reported on another thread, there is no report of anyone actually being pulled over, and the police deny any such intent. Whether KPNX erroneously reported the alleged intent, or the police intent was walked back before it started, nothing happened. The intent claimed by the police is not unconstitutional.

https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=59518&Disp=0

PHOENIX – Following confusion and outrage over Tempe Police Department's new "positive ticketing" campaign, police officials promise no one will be pulled over for following the law.

The department started a new initiative Monday called the "Positive Ticketing Campaign." Nearby news station KPNX initially reported officers would be pulling people over to issue Circle K drink coupons to people following traffic laws.

The social media response was swift and critical, with local legal experts challenging the constitutionality of such actions.

Several hours later, Tempe police spokesman Detective Greg Bacon clarified that officers won't actually be pulling anyone over.

"We're not violating anyone's rights," Bacon told The Arizona Republic. "The intent is not for officers to stop cars, pull over a bike or detain anyone under any circumstances. It's simply an educational campaign on scooter, bike and pedestrian safety."

Bacon explained that a school resource officer may give a student wearing a helmet while riding a bike a coupon if they see the student around campus or a patrol officer might hand a coupon to someone in line at a fast-food restaurant if they saw them properly yield to a pedestrian.

"No one is under any obligation to have a conversation with a police officer," he said.

nolu chan posted on 2019-07-30 14:07:19   Reply   Private Reply


#5: misterwhite    To: randge (#2)

That is how I understand the law.

And it's against the law for someone to murder you. Meaning you're 100% safe from now on. You believe that? You believe the law protects you?

I'm saying the cop can pull you over. Maybe, legally, he can't. Maybe he shouldn't. But if he does, it can't be held against you in a court of law. That's what the 4th amendment means, which was my point.

misterwhite posted on 2019-07-30 14:23:22   Reply   Private Reply


#6: randge    To: misterwhite (#5)

It's illegal to murder another. But some folks do so.

It's illegal for officers to detain or arrest without probable cause. But they do.

It is an imperfect world that we live in, but many of us continue to strive to draw the line.

Cheers.

randge posted on 2019-07-31 10:41:57   Reply   Private Reply