Key points of the case:
- The officer observed a vehicle traveling at night with one headlight out. The officer stopped the vehicle thinking that the headlamp was a violation.
- During the stop, the officer asked the driver to search the vehicle. The driver consented and the officer found contraband. The officer then arrested the driver.
- Driver talks to lawyer, finds out that one headlamp out is NOT a violation and attempts to throw the whole thing out based on what he thinks is an “illegal” stop.
- However, in the SCOTUS ruling in “Terry vs Ohio” an officer does NOT need probable cause to initiate a stop of an individual. The requirement is actually “reasonably articulate suspicion (RAS)”.
This ruling simply applies that same level of RAS to a traffic stop.
Sorry, taillight, not headlight.