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CA11: Officer has no constitutional duty to write a ticket to validate a stop

By John Wesley Hall, Jr.

“[T]here is no constitutional requirement that a police officer issue a traffic citation; the police officer can pull a car over if he simply observes that car committing a traffic infraction.” Here, it was also reasonable for the officer to conclude that defendant’s DL was still likely suspended for a DUI. United States v. Woods, 2010 U.S. App. LEXIS 13642 (11th Cir. July 2, 2010) (unpublished).* Defendant consented to the search of his car. Alternatively, the officer had probable cause from smelling marijuana. Alternatively, the fact defendant’s car was missing a license plate required towing and an inventory under Kansas City PD procedure. United States v. Wiggins, 2010 U.S. Dist. LEXIS 65617 (W.D. Mo. June 7, 2010)...continue to full post

Full post as published by Fourth Amendment on July 06, 2010 (boomark / email).