However, Instead of letting the driver go, as there Is no reason to detain her any further, the driver is unconscious in the hospital and upon waking will be rested for having drugs and a gun in her vehicle that was found after the crash into the telephone pole. Mistakes like this do not have to happen, but it does because many times the drivers make bad choices. What could have had a happy ending for the driver is now going to be one of her biggest nightmares. Officer Smith tells his story.
The Traffic Stop When an officer places his uniform on and gets In his vehicle, he takes on a completely new role as a person. He Is now an officer of the law and we the people depend on them to keep us safe. With that, title comes so much responsibility. Everything from a traffic stop, to a car chase that could end up fatal can all be In a nights work. Therefore, it is essential that officers know what the rules and regulations of everything they do and say is within the guidelines of their job. If not, anything and everything could be thrown out in a court of law.
Officer Smith had a lot to think about on his night shift December 3, 2010. His night started out with the officer pulling over an older model Pontiac with a broken tail light that had tape over it. The law requires a vehicle to have headlights illuminated one-half hour after unset. The officer saw the broken taillight, and determined there was a violation of the light law and pulled the driver over. The officer was In his right to pull this vehicle over due to the laws of “every motor vehicle shall be equipped with two (2) red tall lamps and, two (2) red stoplights on the rear of the vehicle.
Each lamp and stoplight shall be In good condition and operational. (Reference) As Officer Smith started approaching the vehicle, he recalled a recent situation where an officer was killed involving an automobile with this description. Officer Smith now had seasonable grounds to believe the driver could be armed and dangerous, and it was necessary for the protection of him and others to take swift measures to discover the threat of harm if the driver had a weapon.
The law of search and seizure is constantly evolving and its focus remains to be a very difficult balance between protecting the rights of citizens to be free from unreasonable searches and protecting the safety of our police officers. However, Officer Smith unsure if this vehicle had been the vehicle, which had recently been part of a crime, he asked the river to get out of her car with her hands up and to turn around and face her car with her arms on top of the car. He explained he was going to do a pat down for any weapons she may have on her.
After completing, the pat down and no weapons were found so she was asked to get back in the car. At that time officer, Smith requested a copy AT near earlier license Ana registration. Instead AT analog over ten International to Officer Smith, the driver took off and fled from the officer. Now this situation involves exigent circumstances which then Officer Smith needed to do what is reasonably necessary. This was now an emergency, which could potentially be dangerous as well as putting others in a serious and imminent dangerous situation.
The officer immediately followed her in his car and the chase ended with the driver crashing into a telephone pole. Although the driver would now be charged with eluding an officer, when the officer approached her car, she was passed out in the driver’s seat. For fear, her car would catch on fire Officer Smith got her out and away from the vehicle. Upon Officer Smith returning to her automobile, he grabbed her purse to gather her Identification. At that time he noticed there was a baggie of Arizona in her purse as well as a in the glove box that had opened up during the crash there was a gun which Officer Smith retrieved from the vehicle.
As it turns out the vehicle, which she was driving was not the vehicle that was in question of the crime previously committed. Ironically, there was also nothing wrong with the tail light that had tape over it. However, because she took off when the officer requested her driver’s license and registration, she then committed a felony for eluding the officer. Officer Smith now had probable cause to arrest her and all the marijuana and gun will now be part of the inevitable discovery.