Sometimes a law enforcement officer is allowed to stop a person under certain circumstances even though they do not have reasonable suspicion to believe that the person is committing a crime. There must be proper justification for this very limited stop.
Law enforcement officers can stop a person to serve legal process, such as citations, subpoenas, criminal summonses, or nontestimonial identification orders.
Law enforcement officers can detain people who are present during the execution of a search warrant on private premises if it is reasonably necessary.
Law enforcement officers can stop people, enter buildings and vehicles or restrict where people can go if the officers reasonably believe that it is urgently necessary to save life or prevent serious bodily harm or to control a public emergency. However this stop cannot be used for a law enforcement purpose.
Law enforcement officers or authorize to restrict or regulate the movement of people in public places when the governor or a local government official declares a state of emergency during a disaster or riot, or similar public emergency.
Motor vehicle checkpoints are allowed if a systematic roadblock type. To check licenses and registration. DWI checkpoints are also included. It is permissible if all cars are stopped or if there is some pattern or method of stopping.. Stopping at random is not allowed. There are strict rules and regulations governing checkpoints that must be followed by law enforcement officers such as:
- designate in advance the pattern for stopping vehicles and for requesting information
- the pattern for stopping should not be based on a particular vehicle type
- the agency conducting the checkpoint should be operating under a written policy that provides guidelines for the pattern
- the public must be given notice of the checkpoint by having at least a minimum of one law enforcement vehicle with its blue like in operation during the process
Law enforcement officers can monitor a checkpoint entrance for drivers that may be attempting to avoid the checkpoint and can even pursue and stop a vehicle that has turned away from such a checkpoint.
Wildlife law enforcement officers and marine fisheries enforcement officers have special authority to stop people for wildlife and marine fisheries violations (i.e., hunting, fishing, trapping). However these special officers must satisfy a higher standard than regular law enforcement officers whenever they stop a vehicle on a primary highway. They must have “clear evidence” that the vehicle has been recently involved in a violation of the wildlife or marine fisheries laws.
Gregory Kornegay,
