Crime and Traffic Stops

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This is Robert Scirocco bringing you today's Law Bit.

What if you're walking down the street minding your own business and a police officer tells you to stop because you're under arrest; or what if you're driving down the road without a care in the world, and a patrolman directs you to pull over? Do you have to obey him or can you keep going, knowing that you didn't commit any crime or traffic offense? The short answer is that you have to obey the officer if he is acting under the authority given to him. This is the recent ruling of the NJ Supreme court, which held that a court of law may later determine that the stop or arrest was improper, but that the individual at the scene is not permitted to make that determination himself. The court reasoned that by failing to obey, the individual is in effect taking the law into his own hands, which may then lead to violence or injuries when the police give chase or force an arrest.

This is Robert Scirocco, Attorney at Law, Budd Lake, New Jersey, bringing you today's Law Bit.

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