Are police officers allowed to drive erratically or break traffic laws to cause a driver to react, then pull them over for it?

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For example I was stopped leaving a parking lot because the officer said I failed to yield turning onto the southbound road but there was no traffic allowed on that road due to construction and all oncoming traffic was directed by cones to the northbound side of the road about three hundred yards up and the only way for me to have cut him off was for him to cut sharply through the barriers onto the unpaved gravel. I know its hard to visualize the scenario but are police allowed to initiate close collisions then use that as a reason for making the stop?

Attorney Answers

3
Andrew Huff ·
A police officer cannot initiate close collisions for the sole purpose of causing another driver to commit a traffic infraction. This is not only dangerous and could make the officer and his/her department liable in the event of a collision, but is against all local and national training they receive from the National Highway and Traffic Safety Administration.
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Aaron Black ·
No. An officer cannot do this. However, as most officers do, he will deny this allegation. It will force an evidentiary hearing and a judge will have to chose between your word and the officer's. Many times these officers look really bad on the stand. Good luck, Aaron Black Criminal & DUI Defense Attorney Law Office of Aaron M. Black, PLLC 3219 East Camelback Road #573 Phoenix, AZ 85018 Office #: 480-729-1683 Email: [email protected] http://www.aaronblacklaw.com
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Craig Orent ·
The answer to your question, can officers break rules to enforce the law, in my view depends on the factual circumstances and the rules that were broken. As Mr. Black stated, regardless it is unlikely the officer will admit and agree with your version of what happened. Resolution of the issue, if you litigate it, will come down to an evidentiary hearing and a determination by the judge as to who is more believable. Your attorney will need to obtain as much independent, objective proof as possible, since it is rare for a judge to believe the word of a defendant over that of the police officer.
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