Can Texas police pull you over because of a hunch? They’ve probably checked for warrants
If you’re wondering if police in Texas can pull you over because of a hunch, the answer is an emphatic no.
“Everyone has a constitutional right to be free from unreasonable searches and seizures; that is guaranteed by the Fourth Amendment of the United States Constitution,” according to the website of the Walter M. Reaves law firm in Waco.
They must have a reason to make the stop, or “probable cause,” which is the reasonable belief that a crime has been committed or evidence of a crime can be found.
After the police pulls you over, they cannot ask to search your smartphone. You do not have to answer their questions or agree to a search. What the police can do is run your license plate through the police database for any outstanding warrants. They can do this without your knowledge.
But an important thing to know is that the police cannot pull you over if you have not violated the law.
Offenses for which Texas drivers can be stopped by the police
Here are the most common reasons motorists get pulled over in Texas:
Speeding — is the most common reason drivers in Texas are stopped. While officers may give some leeway in how much over the speed limit a motorist is going, the law does not the same level of mercy.
Disobeying a traffic control device — Running a stop sign or traffic light will surely get you pulled over. Although these offenses may not happen as regularly, the police are more likely to make the stop.
Using a cellphone — It is against the law in Texas to text and drive. Operating a smartphone, such as checking social media or emails, has been a no-no in the Lone Star State since 2017.
Wrong-way drivers — This may be uncommon but is a violation that will earn you a stop because it is dangerous.
Erratic drivers — Weaving in and out of traffic lanes is a red flag for police who will surely wonder if you are under the influence.
Tailgating — Following too closely behind another vehicle may not necessarily prompt a stop. But doing it at high speeds will certainly get the attention of the police.
Broken tail light — Not all traffic stops are because of a moving violation. The law requires motorists to keep their vehicles maintained. The police can stop you for having a broken tail light or other mechanical issues.
This story was originally published February 5, 2024 at 2:16 PM.