Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with
No laws broken and no danger to the public
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable regulations and restrictions.
A police officer can still stop and potentially arrest you if they have probable cause to believe you have violated a traffic law or pose a danger to public safety, even if you are traveling by horse-drawn buggy or automobile. Merely traveling does not grant immunity from law enforcement if there are other valid reasons for a stop or arrest.
Some examples where an officer may stop or arrest you despite your right to travel could include:
1. Reckless driving or operating the vehicle in an unsafe manner
2. Driving under the influence of drugs or alcohol
3. Operating a vehicle without proper licensing, registration, or insurance
4. Failing to comply with traffic control devices or signs
If you believe your rights have been violated during a stop or arrest, you should cooperate with the officer and then seek legal counsel to discuss your options and remedies. Resisting arrest or arguing about your rights during the stop is unlikely to resolve the situation favorably.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
