Another year, another truckload of laws – the usual, right? How does that affect you, and traffic stops? For the most part, hopefully it doesn’t.
But since most criminal law problems begin as traffic stops, it pays to be aware of the laws that allow police to stop you. Here are a few of them. All represent an expansion of government power and reduction of your liberty.
Liberty lost, in the name of a good cause
Do you remember several years ago when advocates of a controversial seat-belt law reassured us; “don’t worry, we will never ask for a ‘primary’ seat belt law.” How long is never, again? Not that long, it seems.
Police now can stop you for merely not wearing a seat-belt in Minnesota.
A “primary violation” seat belt law gives police the legal authority to stop a vehicle; if someone appears to not wear a seat belt. The previous version of the seat belt law did not allow traffic stops solely for seat belt enforcement. But now the law does. The law eliminates personal choice, and personal responsibility. It:
- hands over more responsibility and power to government; taking it from the individual.
- reduces the need for people to be responsible; develop an internal personal moral code.
- reduces your freedom.
As usual, they claim taking your freedom is worth it – for your own good.
Police power endangers public: Seat Belt Stop
The new “primary” seat belt violation law increases traffic stops, and arrests resulting from racial profiling. Racial profiling is a real problem – difficult to solve. Of course, police generally don’t view themselves as racist. And few people do. But they are no different from the rest of us; and are no more immune to racial stereotyping and its effects.
We know that when it comes to race, there is a disparate impact. And only perceptions of “race” can explain this disparate impact.
So every law we ask police to enforce, has a price we pay. Each law creates more opportunities for police to stop people for petty, technical violations. And this inevitably leads to a worsening of the racial profiling problem.
Social control by force: corrodes culture, youth
Why learn individual responsibility if the government allows you little of it; and controls ever smaller aspects of your life – year after year, law after law?
This seat belt law gives law enforcement yet another reason to pull someone over; and to find another, bigger reason to interfere with your life and liberty.
Expansion of Child Seat law
The law now mandates children in a motor vehicle be in a child passenger restraint system. And that mandate lasts until their eighth birthday or they reach 4 feet 9 inches tall. Of course, this is yet another reason for a traffic stop by police; if it even appears you might be in violation.
Traffic Stops: GPS on Windshield
You can now lawfully mount a Global Positioning Systems (GPS) or locate it near the bottom-most part of a vehicle’s windshield. Previously, anything mounted on the front or rear windshield put the driver at risk of a traffic stop by police.
The “obstructed windshield” statute, used by police to justify traffic stops, does have language about “obstruction to the drivers view.” Yet, police use it as an excuse to stop; if anything is on the windshield, or between the windshield and the driver.
And these have included RADAR detectors (otherwise legal), notepads stuck to the windshield, air fresheners or items hanging from the rearview mirror; in addition to GPS units mounted to the windshield. At least now we have an exception for GPS units mounted to the lowest portion of the windshield. Presumably in that location, it will not impede the driver’s view of traffic.
What about a RADAR detector? Prudence might argue for a newer RADAR detector with a GPS unit incorporated in the same unit. That – or don’t mount it to the windshield.
For a discussion of Minnesota speed laws and defense, see:
Avoiding a Speeding Ticket in Minnesota
Windshield statute
But otherwise, the windshield law, is Minnesota Statutes § 169.71 Subd. 1 (a). It can give police an excuse for a stop:
“A person shall not drive or operate any motor vehicle with:
Minn. Stat. § 169.71 Subd. 1 (a)(3)
(3) any sign, poster, or other nontransparent material upon the front windshield, sidewings, or side or rear windows of the vehicle, other than a certificate or other paper required to be so displayed by law or authorized by the state director of the Division of Emergency Management or the commissioner of public safety.”
So some police officers will use an “obstructed windshield” as a pretext for a traffic stop. Avoid hanging items off the mirror, or attached to the windshield other than GPS units. This reduces your risk of harm by police. And police sometimes prolong a traffic stop, and search for evidence; wasting your time, risking your safety.
The 2021 fatal police shooting of Daunte Wright, in Brooklyn Center, Minnesota, followed a traffic stop for air fresheners hanging from his rearview mirror. Minnesota should repeal this Windshield law. We should reduce the number of traffic stops for trivial things.
Tips: Avoiding Traffic Stop Technicalities
Other than changing your race, age, car, etc.; how can you minimize your risk of a Fourth Amendment seizure by police?
Of course, obeying the traffic laws seems obvious. If only that worked every time.
Risk of Death During Traffic Stop
But what about all of the technicalities police can use to either ruin your day, or ruin your life? Here’s a few:
- Avoid decals on your front or rear windshield.
- No cracks in your windshields. In winter, free of ice, snow.
- Avoid hanging items from mirror, like air fresheners. Place below windshield level.
- Make sure all lights; brake lights, turn signals, even the license plate light – work.
- Vehicle displays proper license plate, registration.
- Suspension, alignment and steering are good, so vehicle does not weave.
- Avoid window tint police may view as illegal. (And work on changing this law.)
Minimize Police Contacts to Increase Public Safety
Given the many overreaching laws already in place; we need to prevent police from violating your privacy and liberty interests. Traffic stops are the narrow end of the wedge the government drives into you and your life. And this begins government’s efforts to hurt or destroy you.
Every police contact creates a significant risk of a life-altering criminal charge, even physical harm – innocent or not. For example, police might charge a Fleeing Police crime, if they think you didn’t stop quick enough.
So every smart citizen can strive to avoid these risky police contacts in the first place. And we should change these laws, at the legislature. In the meantime, defense attorneys may be necessary to protect your family from injustice. To prepare the eventual police contact, or to better navigate one, see:
Question? Call Attorney Thomas Gallagher, 612 333-1500
Author, Thomas Gallagher, Minnesota Criminal Lawyer.
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