Search and Seizure – Automobiles

In Florida, as in most states, often times there is a solid white line, otherwise known as a “stop line,” that precedes the cross-walk at an intersection. In a recent case decided by one of Florida’s District Court of Appeals (DCA), the Fifth DCA held that no part of your car may legally extend over the “stop line” or you may be legally cited by law enforcement for a violation Fla. Stat. 316.123(2)(a), a non-moving civil infraction. This statute requires a driver to stop “at” the stop line if one is marked. If no stop line is marked, the driver must stop before entering the crosswalk on the near side of the intersection. If there is neither a stop line nor crosswalk, the driver must stop near the entrance to the intersecting roadway to provide the driver with a view of approaching traffic. Thus, according to the court, the apparent purpose of the statute is to require a vehicle to stop before it is in a position where it could impede or hit pedestrians who might be in a crosswalk, or cross-traffic that could be in an intersection. The court in State v. Daniels, 5D13-2352, 2014 WL 1976269 (Fla. 5th DCA May 16, 2014), defined the word “at” to mean that no part of your car can be past the “stop line.”

There are a couple problems with this interpretation. Many people can’t see how much of the front of their car is over the stop line even if they intend to stop behind the stop line merely because of how their car is designed. The slightest portion of your car extending over the stop line is sufficient for the police to cite you. Also, often times, a driver must proceed past the “stop line” to determine if they can safely make a right turn at the intersection. Can a police officer then legally stop you if you have “creeped out” over the stop line so you can get a view of oncoming traffic in order to make a safe right turn? It seems the answer is yes. If so, leaving so much discretion with law enforcement when to stop a vehicle for such a minor transgression, may result in many people getting stopped if a police officer, after evaluating you and your vehicle, decides to take the time to stop and detain you to issue the traffic infraction. This may very well lead to more arrests for narcotics violations and other criminal traffic offenses, e.g. driving while license suspended, that often stem from mere non-criminal traffic law stops by law enforcement. My hunch is many officers won’t stop most people, but if a driver has a certain profile, the officer will use this statute to initiate contact with the driver.