What is a Legal “Stop”? A driver is pulled over where there is no legitimate traffic offense or violation and no other evidence of DUI sufficient to form a reasonable articulable suspicion. See, Muhammad 304 Ga. App. 230 (2010); Parke, 304 Ga. App. 124 (2010).
The police officer pulls up to the parked car and hits the blue lights or otherwise indicates the driver is not free to leave without reasonable, articulable suspicion of a crime.
A driver is pulled over based on an uncorroborated tip.
An investigative detention based upon a hunch or a mere suspicion.
A roadblock stop that is unreasonable under applicable law.
Is the driver required to stop?
ANSWER: YES.
Generally, a person has the right to be left alone unless there is a legitimate public safety or national security reason to disturb him. In addition, there are three (3) levels of police-citizen encounter (1) the friendly or consensual; (2) investigative detention; and, (3) arrest. The Fourth Amendment applies only to the last two (2) of these three (3) police-citizen encounters. It is the police power of the state, to protect its citizens and exercise police power for the protection and betterment of its citizens, which gives an Officer the right to patrol the public streets and stop a private citizen driving a vehicle.