It is well established law in Georgia that police officers must have reasonable, articulable suspicion of a crime in order to initiate a traffic stop. And while what constitutes reasonable and articulable suspicion varies depending on the facts of every case, it is the burden of law enforcement and the State to prove that an officer had valid grounds to initiate any traffic stop. So how demanding is the requirement of reasonable suspicion? The strength of the law’s protections may surprise you, as even missing car parts may not give authorities the grounds to pull you over.

In Abercrombie v. State, A17A1847 (2017) the Georgia Court of Appeals found that the defendant’s traffic stop was not initiated lawfully even though Mr. Abercrombie’s truck had no rearview mirror. At a suppression hearing, the officer that pulled the defendant over testified that it was specifically Abercrombie’s lack of an interior rearview mirror that caused him to pull the vehicle over. During the traffic stop, the officer found drugs in Abercrombie’s possession and placed him under arrest.

Although it may initially seem reasonable to assume that a vehicle operating without a rearview mirror is in violation of the law, the Court of Appeals disagreed. Noting that the relevant state law requires only that a vehicle’s equipment be in “good working order [and] equipped with such lights and other equipment as [the law requires],” the court failed to find any legal authority specifically requiring an internal rearview mirror. Importantly, Abercrombie’s truck was equipped with external side-view mirrors and they were sufficient to “reflect to the driver a view of the highway for a distance of at least 200 feet” as required by statute. As such, the officer had no legal authority to initiate the traffic stop in the first place and the drug-related evidence obtained during the stop must be suppressed.

It is a mistake to assume that just because a police officer pulls you over that he or she had the proper lawful authority to do so. The law requires “reasonable articulable suspicion” and, regardless of how justified a stop may appear during the confusion of the moment, there may be legal defenses available to you to challenge the stop. At Davis & Jones, we’re here to help you with any criminal case stemming from a traffic stop. Feel free to call us or stop by our office; just make sure your vehicle is in “good working order” before you do.

To read the full Abercrombie opinion, click here