The law concerning what California officers can and can’t do when they pull a motorist over or stop a pedestrian changed in 2024. In most cases, they now have to tell the person they’ve stopped why they did so before they can ask any questions. In other words, they can’t start the encounter with, “Do you know why I pulled you over?”
Further, that initial reason (whether it’s suspicion of impaired driving, speeding, because their license plate matches that of a stolen vehicle or something else) must be included in their report(s) related to the stop. The only time an officer doesn’t have to provide a reason for the stop is if they have a reasonable belief that withholding that information “is necessary to protect life or property from imminent threat.”
Putting an end to “pretext stops”
The law came about because of a long history of complaints about “pretext stops.” While most officers aren’t guilty of making these, they involve pulling someone over on the “pretext” of a minor infraction like a broken taillight or expired license plates because an officer thinks they might have evidence of criminal activity like drugs, illegal weapons or stolen items in their vehicle or on them.
Too often, these beliefs are based on a person’s real or perceived identity – especially if they’re in a wealthier area or driving an expensive car. Once an officer pulls someone over, it’s easy enough to get a look inside their vehicle and sometimes even get the driver’s permission to search it. The law is aimed at eliminating these pretext stops.
What if an officer won’t give a reason for the stop?
Drivers have a right to ask why they were stopped and get a truthful answer. The head of the California Association of Black Lawyers (CABL) says that if the officer won’t provide a reason, Californians should assert their right to legal counsel. She advises drivers not to consent to a warrantless search of their vehicle, which under the law typically requires “probable cause.” Of course, drivers have to assess the situation and put their safety and that of their passengers first.
It’s important to understand whether an officer conducted a stop in a legal manner. If they didn’t, anything uncovered as the result of the stop can be considered inadmissible as evidence. That’s just one reason why it’s important to get legal guidance as soon as possible if you or a loved one has been charged with wrongdoing.