Constraining Police Authority to Save Lives: Limiting Traffic Stops

By Jeannine Bell and Stephen Rushin

This Article considers how policymakers can more effectively constrain police authority during traffic stops to reduce racial disparities and prevent unnecessary violence.

We begin by chronicling the power granted to police officers during traffic enforcement and the harms generated by this discretionary power. Under existing criminal procedure, police officers have considerable authority to stop motorists for any technical violation of the traffic code, even if the stated justification is a pretext for investigating an unrelated hunch or suspicion. After stopping a motorist, existing doctrine gives police the ability to question motorists, search vehicles under numerous circumstances, arrest drivers for minor violations of the law, and otherwise use traffic stops as a justification for criminal fishing expeditions. This makes police traffic stops an entryway into officer misconduct and violence.

Moreover, the harms of police traffic enforcement are felt disproportionately by communities of color. Empirical evidence generally suggests that Black and Hispanic drivers are more likely than their white counterparts to experience traffic stops. Black and Hispanic drivers are more likely to be stopped during daylight hours relative to nighttime hours when their race is apparent to police through visual observation. And searches of Black and Hispanic motorists are less likely to produce contraband than searches of white drivers, suggesting that police may employ a less rigorous standard of probable cause when justifying vehicle searches of drivers of color.

Given the growing body of literature on the harms caused by police traffic enforcement, some have called for the abolition of police traffic enforcement. Short of abolition, though, this Article shows how jurisdictions across the country have already moved to limit the authority of police during traffic encounters. This approach does not seek to eliminate entirely the police from the enforcement of traffic laws. Rather, it involves state and local policymakers enacting restrictions on police power during traffic enforcement that go beyond those mandated by the U.S. Supreme Court under existing doctrine. Indeed, in recent years, states and municipalities have enacted limitations on the use of pretextual traffic stops, consent searches, and unrelated questioning of motorists after stops. Others have restricted or banned the use of quotas as a police management tool. Some prosecutors’ offices have announced declination policies designed to disincentivize police from using traffic stops as a tool for the investigation of other unrelated crimes. Still other jurisdictions have explored additional reporting requirements and even technological replacements for the use of police officers in the enforcement of the traffic code.

Combined, we argue that this sort of criminal justice minimalism can reduce the harmful and racially disparate effects of police traffic enforcement without compromising public safety

57 Arizona State Law Journal, 2025, 52p.