You said you wanted someone to remind you to explain why the stop was illegal in that fic you wrote where the Batfam get pulled over and Alfred has a load of guns so, here's your reminder 😊
Oh yes! Thank you for the reminder. I had a lot of people arguing with me in the comments of that fic, saying the cop was mostly in the right and there was nothing illegal about the stop. I watch a ton of dashcam videos and I've seen some wildly illegal and only mildly illegal stops, and the problem is, both still end up with charges, sometimes very serious ones. Knowing your rights during a traffic stop is very, very important.
Here's the fic if anyone wants to read along with my commentary below. Disclaimer: I am not a lawyer, this is not legal advice, and it might not apply in your specific state or region. It's just research I did for the fic.
The cop pulled over a vehicle that did not objectively match the suspect description at all. A silver Rolls Royce isn't a "dark colored sedan."
Mistakenly pulling over a vehicle and realizing it doesn't match the description is one thing; however, for most traffic stops to be legal, there has to be a reason to pull the vehicle over. You can't just have a hunch. You need to observe them speeding, etc, which we know Alfred does not do.
"Pulling you over as a precaution" -- fine, maybe a jury will believe that the cop truly thought they matched the description. But what comes next is definitely illegal.
The cop asks if there are any drugs or weapons in the car. Alfred replies there are legal firearms in the car. The cop indicates that he'll need to be in possession of those guns during the traffic stop for his own safety -- that is legal. However, it does not entitle the officer to a search of the vehicle itself.
Just because the officer needs to take Alfred's gun into his possession for his own safety, does not entitle him to a search of the vehicle itself. There has been no crime committed or suspected of having occurred. There is no legal reason to search the car at that time.
Alfred willingly turns over all guns in his possession. Having a legally registered gun does not create reasonable suspicion that the car or his person contains evidence of a crime, such as drugs or illegal weapons.
Another thing Bruce mentions here -- Alfred doesn't have to legally announce upon being pulled over that there are legal guns in the car. When asked, he does say so, but he does not begin the stop itself announcing that information. The cop gets twitchy about this and calls in backup. Bruce correctly indicates that Alfred has no legal requirement to announce this during the stop. The cop ignores Bruce and snipes at him when he continues to discuss this.
The cop asks why Alfred has the weapons. This is not relevant to the traffic stop, and Alfred is not legally required to answer. They are legally registered and there is no firearm limit in New Jersey.
The cop cuts Bruce off when he gives legal advice to Alfred. The implication is that he might arrest Bruce if he continues to do so. However, as long as Bruce is not physically obstructing the officer's investigation, he is doing nothing wrong in a legal sense and can provide Alfred information on his rights regardless of being a lawyer or not.
“Any update on that 10-29V?” -- the cop asking dispatch this is basically giving away that he knows by now, at the very least, that this is not the suspect vehicle. He is still completing the stop, however there is no legal basis for it.
"Anything I should know about in the car before myself and my fellow officer begin the search?” -- this might seem innocuous but cops will often phrase voluntary searches this way, so later in court they can say you agreed to a search of their vehicle. Alfred did not consent, and Bruce reiterates this.
"But they all looked spooked when I asked about guns in the car.” -- again, not evidence that a crime has been committed or that there are illegal weapons in the car. However if they were looking for weed instead of guns, this is about the time the cop would start lying about smelling an "odor" he needed to "investigate."
“It doesn’t matter if the driver had weapons. It doesn’t matter if he had a goddamned armory in his trunk. It’s not gonna hold up. Every single one of those charges would be dropped by the time your sorry ass got to the station to file them. Do you understand what I’m saying to you?” -- People in the comments assumed Bruce would buy off the charges or something, but truly they wouldn't hold up and the DA would likely be reluctant to prosecute, even in Gotham. I should've said "referred" instead of "filed" here but oh well. I guess that depends on the state. The point is, even if the guns were illegal, the stop itself was not legal and therefore that evidence would very likely be thrown out. Frank is a smart man and knows this.
"And maybe, if you’re lucky, they won’t ask for your goddamned badge" / “That one’s a detective over in Blüdhaven.” -- we see evidence throughout the stop that Bruce and Dick know this is an illegal stop, but they don't fight it, largely because that would cause more issues and it's much easier to get the charges thrown out after the fact if they cooperate. Screaming at the cop who's doing an illegal search and driving away will still get you charges, it might just not be the charges they wanted to pull you over for.
So, what's the overall takeaway? Illegal traffic stops can sound and feel very legal, even when they're not. Disagreeing with a single arresting officer can be tricky and it's easier to fight the charges afterward, rather than risk more charges in the moment. But from a legal standpoint, nothing about the stop, the follow up questions, or the attempted search was legally sound. Bruce and Alfred would have been well within their rights to sue the police department for a variety of things, or make a public stink about the traffic stop in the media.
Laws vary state by state in the US, so make sure you're up to date on your local area. Knowing what a cop can and can't ask you can help you keep your cool and proceed safely through a traffic stop. However, you can do everything right and by the book during a traffic stop and still wind up with a racist or angry cop who ignores the law. Bodycams and dashcam footage are very important in those situations. I think everyone should have a dashcam if they own a car, for a variety of reasons.
I am not a lawyer, this is not legal advice, this is just additional information on the background research I did for this fic and why the stop itself was written the way it was!
