Hey guys (gals),
I'm having a debate with my soon to be 18 year old daughter. Recently Ohio passed a bill changing some of the laws related to under 18 drivers. House Bill 0343 I believe is the correct cite. The hours that a minor may operate a motor vehicle and the number of passengers was changed to a bit more restriction. Fine with me as I would prefer my child and other teens to not be out and about at all hours.
My question to anybody who might care to comment, must an officer have pc other than the number of passengers in a vehicle to affect a traffic stop? Say my daughter had a car load of other kids out at 11 on a Saturday night would that alone be pc to make a stop? I know that the Ohio legeslature recently changed the law making a stop based on seat belt allowable, and my contention is that the number of passengers beyond the allowable would also constitute pc for a traffic stop. She (of course) claims otherwise since all almost 18 year olds know all!
The passenger law doesn't apply to her, only under 17, but I claim that no officer can judge a few months of age in passing, would see a vehicle full of kids which is a violation and would make a stop based on that. She got downright mad at that and said something to the effect of violation of her 4th amendment rights (kids and their government classes) and said that would not be allowed. I said that the application of her 4th would not apply since the officer made his stop based in law, and that any stop that has pc is allowed, if for nothing more that investigational purposes only. If no violation was found that they would be on their way.
Any comments? Am I correct in my basis of my argument? Informed opinion only please, not other youngsters who feel threatened by the man!
Thanks, Dave
I'm having a debate with my soon to be 18 year old daughter. Recently Ohio passed a bill changing some of the laws related to under 18 drivers. House Bill 0343 I believe is the correct cite. The hours that a minor may operate a motor vehicle and the number of passengers was changed to a bit more restriction. Fine with me as I would prefer my child and other teens to not be out and about at all hours.
My question to anybody who might care to comment, must an officer have pc other than the number of passengers in a vehicle to affect a traffic stop? Say my daughter had a car load of other kids out at 11 on a Saturday night would that alone be pc to make a stop? I know that the Ohio legeslature recently changed the law making a stop based on seat belt allowable, and my contention is that the number of passengers beyond the allowable would also constitute pc for a traffic stop. She (of course) claims otherwise since all almost 18 year olds know all!
The passenger law doesn't apply to her, only under 17, but I claim that no officer can judge a few months of age in passing, would see a vehicle full of kids which is a violation and would make a stop based on that. She got downright mad at that and said something to the effect of violation of her 4th amendment rights (kids and their government classes) and said that would not be allowed. I said that the application of her 4th would not apply since the officer made his stop based in law, and that any stop that has pc is allowed, if for nothing more that investigational purposes only. If no violation was found that they would be on their way.
Any comments? Am I correct in my basis of my argument? Informed opinion only please, not other youngsters who feel threatened by the man!
Thanks, Dave