Monthly Archives: August 2011

Probable Cause – Traffic Stops…

By Kent Paschal | Published: August 27, 2011

The following is a general discussion of federal case law on probable cause and traffic stops. A traffic stop is a “seizure” within the meaning of the Fourth Amendment, even though the purpose of the stop is limited and the resulting detention is quite brief. Delaware v. Prouse, 440 U.S. 648, 653 (1979). See also [...]

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Following Distance – Following Too Close…

By Kent Paschal | Published: August 13, 2011

Law enforcement officers patrolling Interstate 40 in and around Amarillo commonly stop automobiles for following too close to the vehicle in front of them. Section 545.062 of the Texas Transportation Code provides: (a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of [...]

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