Traffic Stop Probable Cause

Summary

Police in Alabama can stop a vehicle for traffic violations like speeding or running a red light. However, a traffic violation alone does not provide probable cause for a vehicle search. The officer must have reasonable suspicion of criminal activity, such as visible illegal substances or suspicious behavior. If none of these are present, you can refuse a search. If you consent to a search, it should be reasonable; disassembling parts of the vehicle is generally beyond the scope. In drug possession cases, the prosecutor must prove the substance is controlled, the defendant knew about it, and had control over it. Harm to another person or property is not required for conviction in drug possession cases.

Full Conversation

Ok if I was pulled over for disobeying a traffic law is that enough basis for probable cause?
Hello ****, police officers may indeed have probable cause to make a traffic stop if they observe a violation of traffic laws. Could you please inform me of your location to provide more precise information?
Alabama
In Alabama, if a police officer observes a violation of traffic laws, they generally do have probable cause for a traffic stop. This includes:
- Speeding
- Running a red light
- Not wearing a seatbelt
This is a very broad interpretation and other factors may come into play.
And I’m sorry would that be probable cause for a search of my vehicle
In Alabama, a traffic violation alone does not provide probable cause for a vehicle search. The officer must have a reasonable suspicion that criminal activity is taking place. This could include:
- Visible illegal substances
- Suspicious behavior
- Smell of illegal substances
and if none of those are present
If none of those are present, the officer generally cannot search your vehicle without your consent. Remember, you have the right to refuse a search if there's no warrant or probable cause.
Ok if I agreed to the search and then he took my dash apart is that okay
In Alabama, if you consented to a search, the extent of the search should still be reasonable. Disassembling parts of the vehicle, like the dashboard, is generally considered beyond the scope of a "reasonable search," unless there's specific information about hidden contraband.
Okay how can a prosecutor prove corpus delicti in a simple drug possession charge?
In a drug possession case, the prosecutor needs to prove:
- The substance in question is indeed a controlled substance.
- The defendant had knowledge of the substance.
- The defendant had control or possession over the substance.
Please note, this is a general guideline and the specifics might vary based on the circumstances.
but that doesn’t prove harm or injury to another person, party or property
You're correct, ****. In drug possession cases, harm or injury to another person, party, or property is not typically required for conviction. The illegal possession itself is the offense. Is there a specific situation you're concerned about?
but i thought corpus delicti was proving that there is harm or injury to a person, party or property
You're right. Corpus Delicti generally means "body of the crime," referring to the principle that a crime must have evidence that a crime has occurred before a person can be convicted of committing that crime. In drug possession cases, the "harm" is interpreted as the potential harm to society.