confusion for most.
The law does NOT require probable cause (pc) to stop someone, the law requires what’s called reasonable suspicion (rs). RS is a lower threshold than PC. The law requires PC to arrest/charge someone with a crime.
RS- I can stop you based a reasonable suspicion that there is probable cause. Meaning, I see your tag light is out, which is a defective equipment violation, not the ramblings below.
PC- I’ve stopped you, now I can validate your busted light, and now its more probable than not (PC) that the light is in fact defective and in violation of Virginia code.
Obviously the final determination is made by a judge or jury.
Now...I have you stopped, in the time of day and conditions referenced in this case...yes...this is legally referred to a “pre textual stop” which means based on the conditions of the day/night, your location, the manner in which you’re conducting yourself or your vehicle, I believe there is another crime afoot (dui) but I need to stop you to validate that. This is perfectly legal and encouraged. Timothy McVeigh (okc bomber) was stopped for a tag light out. Pre textual stops are used everyday to catch some of the worst criminals. I understand the tendency to see it as a petty reason or lacking in overwhelming cause, but it’s the manner in which the requires a lot of these types of stops to be started and then investigated.
I’m not trying to start an argument with any of you, I’m simply telling you what the facts are in the hopes you’ll understand a little better.
We have no idea (in most cases) who’s inside that vehicle or what that person is doing or just did. We have no idea if they intend to cooperate or try to shoot me in the face. Therefore we must be prepared for anything, but appear as though everything is cool. Yes...some guys/gals are dui hounds, some are drug hounds, some are simple ticket jockeys, some are investigative in nature and prefer to pick up a case that takes them all day to solve. It’s human nature to be attracted to one part of your job over another. But that doesn’t make any of them bad for it.
Anyway...Go Hokies!!