FARGO, N.D. (KFGO-AM) A recent case in the North Dakota Supreme Court has some legal experts calling for lawmakers to discuss police behavior during traffic stops for non-criminal offenses.
The justices backed an arrest by a sheriff's deputy who turned on his overhead flashing lights after pulling up behind a man who was parked on a gravel road near Bismarck at night, even though the officer had no reasonable suspicion a crime was committed. The defendant eventually consented for a search and was busted for possession of pot.
The court ruled 4-1 that the stop was legitimate. One dissenting justice says the lights were a show of authority and constituted a seizure.
Some attorneys say lawmakers should at least debate the issue of whether police have probable cause after a traffic stop.