Court Rules Police Stop Based On Trailer Hitch Is Illegal

Pretextual Stop No Longer Valid In Michigan

Police regularly use piddly reasons to pull someone over in order to go on fishing expeditions and investigate people for the possibility that the person committed a criminal offense such as drinking and driving or possession of marijuana. The Supreme Court has held that as long as the officer observed a traffic infraction, the officer can make the traffic stop regardless of any alternative reason for making the stop.

Can Police Stop Me For Having A Hitch?

For years, police have been claiming that having a hitch on the back of a vehicle is an obstruction of the license plate and a civil infraction that would allow them to make a valid stop. Of course, prosecutors as well as many judges have been quick to uphold the stop based on a hitch and deem it valid.

In the recent case of People v Dunbar, the court did not hold that pretextual stops were invalid, but they did hold held that

In that case the police officer’s sole basis for stopping the driver was his claim that the hitch was obstructing the license plate, a violation of the motor vehicle code under MCL 257.225. After the officer stopped the vehicle contraband was discovered. The Court of Appeals held that just because there was a towing ball present it is not a violation of the motor vehicle code. The Court explained that the law only applies to obstructions that are actually on the license plate itself. The Court noted that the law doesn’t refer to trailer hitches, towing balls, or other commonly used towing equipment that might partially obscure the view of an otherwise legible plate.

The Michigan State Police issued MSP legal update 110 that is released to Michigan police departments. The last sentence of the update advised that officers should not be making stops based on the hitch obstructing the plate and only when actual debris is on the plate.

Michigan Criminal Lawyer

If police pulled you over for having a hitch blocking your plate then that stop is illegal! This means that if you received a ticket it should be dismissed. This also means that if you were pulled over and then charged with a crime because drugs, contraband, or evidence of alcohol consumption was found that evidence was illegally discovered and should be dismissed. Call Michigan Criminal Lawyer, Aaron J. Boria today (734) 453-7806.

To learn more about Plymouth Criminal lawyer, Aaron J. Boria click here to view his biography.