What is the test for establishing that a traffic stop is improper?

MultiRegion, United States of America

The following excerpt is from USA v. Garcia, 205 F.3d 1182 (9th Cir. 2000):

First, he argues that the initial stop was improper. An automobile stop by police is a seizure within the meaning of the Fourth Amendment. See Delaware v. Prouse, 440 U.S. 648, 653 (1979). Such a stop is subject to the constitutional requirement that it not be unreasonable. See id. If the officer had probable cause to believe that a traffic violation had occurred, the seizure

Page 1187

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