Q: In regards to section 35-1-22a.(4) Can the data alone be used as PC to initiate a traffic stop?
A person was stopped because the automatic plate reader indicated the owner of the vehicle the person was operating had a possible warrant. The driver was not the owner and didn't match the description of the owner. The reason for the stop, according to the report, was due to the data solely. Was this stop lawful?
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A:
In this situation, the legality of the traffic stop hinges on whether the data from the automatic plate reader (indicating a possible warrant for the registered owner) provided enough reasonable suspicion to justify the stop. Courts often consider whether the officer had specific, articulable facts to suspect that the driver was the person with the warrant. If the officer could see that the driver did not match the description of the owner, then the data alone may not have been sufficient grounds for a lawful stop.
An automatic plate reader flagging a warrant provides general information, but it does not confirm that the person driving is the wanted individual. If the driver’s appearance or other observable factors made it clear that they were not the registered owner, stopping the vehicle based solely on the plate reader data might lack the reasonable suspicion required under the Fourth Amendment. Courts have held that law enforcement needs more than just a hunch or incomplete information to justify a stop.
Each case depends on the specific facts, including what the officer knew and observed at the time of the stop. If the driver was stopped without any additional verification or observation beyond the plate reader alert, the stop might not hold up as lawful. It could be challenged as a violation of constitutional rights.
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