However, the North Carolina Court of Appeals has held that the failure to identify oneself during a lawful stop can constitute resisting an officer when it hinders the officer in issuing a citation or otherwise completing the stop. Unlike some other states, North Carolina has not enacted “stop and identify” statutes when a person is not operating a motor vehicle. Under North Carolina law, a person operating a motor vehicle must identify himself or herself when requested by an officer (or, for that matter, when requested by any other person in the event of an accident). The duty to answer the stopping officer’s questions: The officer tells viewers, “Answer any questions the officer may have fully and clearly.” This directive gives me pause. An officer might choose to give a warning rather than a citation as no cars or people were around and the driving wasn’t particularly risky, but the decision is up to the officer. The officer was justified in making the stop I didn’t even see the car’s brake lights come on as the driver rolled through the stop sign and made a right turn. The stop depicted in the video is based on failure to stop at a stop sign, an infraction. Standard for a traffic stop: The officer in the video correctly states that a traffic stop must be supported “by reasonable suspicion based on facts the officer can articulate.” While there was a line of North Carolina cases holding that a stop for a readily observable traffic stop must be supported by probable cause, those cases have been overruled. This blog offers legal commentary on a few of the points made in the video, using a scale of green light for what appear to be sound instructions, yellow light for instructions that may raise questions, and red light for an instruction that may prove misleading to citizens. Captain Bruce, the officer who narrates the video, states that “by following a few basic steps, the experience can progress without misunderstanding or conflict.” The video is garnering attention: As of today, it has received 8,446 views on YouTube, with “likes” outweighing “dislikes” 21 to 15. It appears that the RPD had the laudable goal of educating the public to ensure the safety of both officers and motorists. As mentioned in a recent News Roundup, the Raleigh Police Department (RPD) produced a short video entitled “Traffic Stops: What to Expect as a Motorist,” instructing drivers who have been pulled over by law enforcement on how they should behave.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |