Being Nervous During a Traffic Stop Doesn’t Give Police a Reason To Detain You

If you are driving with a broken tag or brake light, you may be stopped by police officers for this. Getting pulled over by the police can be nerve-wracking, even if it’s just for something minor.  The officer may approach you, ask why you were stopped, and ask for your license registration and insurance card.  That should be the end of it.

But what if the officer believes you seem “too nervous”? What if they start asking unrelated questions or make you step out of the car? Sometimes, the officer may have a “hunch” that you have drugs even without patting you down. This could lead to an illegal search, arrest, or even serious drug charges. However, being nervous alone does not justify an extended traffic stop. Let’s look at a real case that proves this point.

The Case of Maldonado

In 2008, Mr. Maldonado was driving when Deputy Hall pulled him over for malfunctioning brake lights and a broken tag light. This was a routine traffic stop, but things escalated. The officer asked Maldonado to step out of the car, leaving two passengers inside. He then asked Maldonado where he was coming from. When Maldonado answered, the officer thought his response didn’t make sense. On top of that, the officer noticed Maldonado seemed nervous and had trouble speaking. He also called for a K-9 unity to come to the scene.

Even after hearing conflicting stories from Maldonado and the whereabouts of one of the passengers, the officer didn’t have any evidence of a crime. He ran a check on Maldonado’s driver’s license, but nothing was amiss. At this point, the office should have issued a warning about the broken lights and let Maldonado go.

However, he continued to pressure Maldonado, telling him that his story didn’t add up. While waiting for the K-9 unit, the officer noticed a bulge in Maldonado’s pocket. He asked what it was, and Maldonado said it was money. When the officer asked him to take it out, Maldonado pulled out a paper towel, which the officer immediately suspected contained drugs. Things escalated when Maldonado tried to run. Eventually, after a struggle, the police caught him, and near the spot where he was tackled, they found cocaine.

At the hearing on the motion to suppress, Maldonado’s defense attorney argued that the officer unlawfully extended the stop. However, the prosecutor tried to justify Maldonado’s detainment, stating that he had lied about where he was coming from, that he seemed nervous, and that he was driving on Interstate 75, a road known for drug trafficking.

However, the court disagreed, and the judge ruled that simply looking nervous during a traffic stop isn’t a crime, and the officer only having a “hunch” that Maldonado was hiding something wasn’t enough to legally justify extended detention. As such, the court threw out the cocaine as evidence. With that, the drug charge was dismissed.

This case demonstrates that the police cannot detain you without a valid reason. And being nervous or giving a strange answer doesn’t count as reasonable suspicion.

Need Legal Help?

If you were detained during a routine traffic stop and later arrested for drug possession, you could challenge the arrest and charges. Contact our experienced Orlando drug trafficking lawyer at Joshi Law Firm, PA, to understand your rights and explore your options.

Source:

2dca.flcourts.gov/content/download/260893/opinion/Opinion_06-5276.pdf