By Andrew Delaney
If you aren’t doing anything wrong, then the police can’t stop your vehicle just for kicks. This is pretty basic, but nonetheless I’m sure the criminal-defense bar will breathe a collective sigh of relief after reading this opinion.
Personal story time: One night, not too long ago, I was driving on a dirt road on my way home from dropping off a friend. A car came up fast behind me and proceeded to tailgate. I signaled and pulled over to the side of the road. Then I saw the blue lights.
The nice officer informed me that I was “driving too slow.” He then asked me to produce my license, registration, and proof of insurance, which I did. All were in order. When he returned to my vehicle, he asked me if I had had anything to drink. I said no. He said he could smell it and told me that my eyes were “telling [him] a different story.” I laughed. I was then ordered out of my vehicle. At this point, I started grumbling about “reasonable suspicion of wrongdoing” and so on.