8.22 - 4. Vehicle Stops

• Jurisdiction: New York

4. Vehicle Stops

A traffic stop constitutes a limited seizure of the person. As such, it must be justified and limited (in time and scope) by the circumstances upon which the stop is based.¹⁵⁹⁸ As a forcible stop and detention, a traffic stop ordinarily requires reasonable suspicion that the vehicle, or at least one of the occupants, is or was involved in a crime.¹⁵⁹⁹ However, there are exceptions. The U.S. Supreme Court has held that the reasonableness test of such seizures involves weighing three factors: (1) the gravity of the public concerns served by the seizure; (2) the degree to which the seizure advances the public interest; and (3) the severity of the interference with individual liberty.¹⁶⁰⁰ Subsequently, the Supreme Court determined that roadblocks or checkpoint stops (that is, those not based upon reasonable suspicion) would not pass constitutional muster where the gravity of the public concern was no more than a governmental interest in general crime control.¹⁶⁰¹ The New York Court of Appeals followed suit.¹⁶⁰²

It was noted above that new information obtained at each phase of governmental interference can provide the basis for a further intrusion or an arrest. Thus, for example, a motorist halted for a traffic stop was properly arrested for driving with a suspended license, and a search at the precinct incident to that arrest properly led to a further arrest for possession of stolen credit cards.¹⁶⁰³ The same is true for vehicle passengers. For instance, a passenger in a lawfully stopped vehicle was properly arrested for possession of...