Dallas, TX asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma

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

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

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.

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