How a Simple Traffic Stop can Make you Thousands.

First, I would like to start off by saying that when you sue a police officer, you will not get millions of dollars. For the most part, you will receive the maximum amount that is given in the small claims court in your county.

Second, “qualfied Immunity” is extremely limited. It only applies in an instance where an officer is not in violation of any statutes or commanding law. They cannot break the law at all. If they do, even a traffic law, they can be held accountable under the torts of negligence per se and public nuisance.

During a traffic stop, a police officer cannot violate your fourth or fourteenth amendment rights. Lets start with the fourth. There is a specific test established via “United States v. Mendenhall” that the courts use to determine whether or not your fourth amendment rights have been violated during a stop, and the test is “In view of all of the circumstances surrounding the incident, a reasonable, person would have believed that he was not free to leave.” Mendenhall, 446 U.S. as 554.

Although, the fourth amendment protects property, we are going to focus on a siezure of your person. Its the most common occurrance.

If an officer stops you, and cannot provide evidence of a traffic infraction, he can be sued under 42 U.S.C. § 1983.

As explained in my previous blog, the fourteenth amendment protects against discrimination. Anyone can claim, and win, that the municipality seized your person due to race or gender, if the officer has no evidence that can prove otherwise. Thats is one violation; one that is widely known.

The second violation of your fourteenth amendment rights, which is not widely known, is your right of “freedom to travel:” established via Kent V. Dulles (1958) 357 U.S. 116, 126. So, a traffic stop without any violations by the driver is a direct violation of your fourteenth amendment rights.

Lastly, a police officer cannot violate any traffic laws that would cause you to violate a traffice law. So, they cannot drive recklessly in persuit of evidence for a stop, but they can drive recklessly when evidence is evident. If they drive recklecklessly on suspicion only, they can be sued under the negligence per se tort and the public nuisance tort for violating a state statute (yes traffic laws are a state statute).

In short, hold your local officers accountable. I hope this helps you in your journey for justice. Stay tuned on how to be an active citizen.