This is a question that gets asked fairly often.  The answer is simple.  A police officer can pull you over when the officer can point to specific facts that, considered in light of the totality of the circumstances, provide some objective reason that the person detained may be involved in criminal activity.  Ok maybe it isn’t so simple, which is why you need to consult an attorney if you are charged with a crime after being pulled over.  In plain English,  a police officer can pull you over if the officer can point to some reason why he thinks you are engaging in any criminal activity.

The case People v. Colbert illustrates how broad of power this really is.  In this case, the officer testified that he saw a tree-shaped air freshener hanging from the driver’s rear-view mirror that was large enough to obstruct the driver’s view.   The Court agreed that this was enough to provide the officer an objective reason to believe the defendant had violated the vehicle code.  After stopping the defendant’s car, the officer learned that he was on parole, and subject to the conditions of the parole, he searched the car.  Inside the car were drugs and a stolen credit card.

If you find yourself charged with a crime after the police detained you for some innocent reason, like having an air freshener hanging from your mirror, you need to hire an aggressive defense attorney.  The Law Office of Michael S. Carrillo has the experience to know when the police made a legitimate stop and when they didn’t.  We can only help if you take the first step.  Call today for a free consultation.