Traffic Law and Enforcement Flashcards

What is the legal effect of the exclusionary rule on evidence from an unlawful traffic stop?

Answer: Illegally obtained evidence is generally suppressed

The exclusionary rule bars use of evidence obtained through an unconstitutional stop or search.

What is 'fruit of the poisonous tree' in the context of a traffic stop?

Answer: Evidence derived from an initial illegal stop or search

Evidence derived from an unlawful stop is tainted and typically inadmissible as fruit of the poisonous tree.

Under Whren v. United States, a traffic stop is valid if what is true?

Answer: There is an actual traffic violation regardless of the officer's subjective motive

Whren held a stop is valid with an objective traffic violation, even if the officer's true motive differs.

What is the proper officer action when a driver invokes the right to remain silent during questioning?

Answer: Cease interrogation about the offense

Once a suspect invokes the right to silence, interrogation must stop.

Which scenario best describes a pretextual stop that remains lawful?

Answer: Stopping for a broken taillight while suspecting drug activity

A stop for a genuine minor violation is lawful even if the officer hopes to investigate something else.

What is the typical legal threshold for impounding a vehicle after a DUI arrest?

Answer: Lawful authority such as the driver being arrested and no licensed driver available

Vehicles may be lawfully impounded when the driver is arrested and no licensed person can take custody.

What distinguishes a felony DUI from a misdemeanor DUI in most states?

Answer: Aggravating factors like repeat offenses, injury, or high BAC

Felony DUI typically involves aggravators such as prior convictions, bodily injury, or a child passenger.