Can anyone answer this question?

[Dillon Hunt]

Is a traffic stop a criminal investigation?

Yes or No, Please explain any answer.

thanks

[BOBT12]

Originally Posted by Dillon Hunt

Is a traffic stop a criminal investigation?

Yes or No, Please explain any answer.

thanks

I am not an attorney, and of course this is not legal advice. However, as a general proposition, a traffic stop is just that, and nothing more.

Yet, an officer may see something (drugs, open beer cans, etc.) in plain view, inside the automobile to raise the stop to another level.

[Dillon Hunt]

Thanks for the answer.

If that is true where is the "corpus delicti" as: "the fact of a crime having been actually committed, the violation of someones right, the injured party or damaged property ?

Does anyone know, If the officer if put on the witness stand would admit that it was a criminal investigation as opposed to civil?

I am trying to find out how they might answer?

I have read that if someone voluntarily admits to a crime even though there is no crime the state does not have to prove it has a corpus delicti, but if no crime is admitted to by the accused they must prove it.

http://www.edmarger.com/articles/corpusdelicti.htm

any more comments would be appriciated.

[BOBT12]

Originally Posted by Dillon Hunt

Thanks for the answer.

If that is true where is the "corpus delicti" as: "the fact of a crime having been actually committed, the violation of someones right, the injured party or damaged property ?

Does anyone know, If the officer if put on the witness stand would admit that it was a criminal investigation as opposed to civil?

I am trying to find out how they might answer?

I have read that if someone voluntarily admits to a crime even though there is no crime the state does not have to prove it has a corpus delicti, but if no crime is admitted to by the accused they must prove it.

http://www.edmarger.com/articles/corpusdelicti.htm

any more comments would be appriciated.

This information is interesting, however, please explain what any of this has to do with a traffic stop?

[Codee]

Originally Posted by Dillon Hunt

Is a traffic stop a criminal investigation?

Yes or No, Please explain any answer.

thanks

It depends on if the traffic stop was for a crime or not.

If he pulls you over for suspected murder... yes that is a criminal investigation.

If he pulls me over in California for speeding... that is not a criminal investigation.

[Codee]

Originally Posted by BOBT12

I am not an attorney, and of course this is not legal advice. However, as a general proposition, a traffic stop is just that, and nothing more.

Wrong. A traffic stop is a full blown arrest.

[Dillon Hunt]

If an officer will admit a crime was being investigated, then he can be asked if he can prove that someone was injured. (someone real). No Crime Victim equals no Crime. What are we doing here in court? As long as no one admits to committing a Crime!

[Codee]

Originally Posted by Dillon Hunt

Does anyone know, If the officer if put on the witness stand would admit that it was a criminal investigation as opposed to civil?

It seems like you are talking of infrctions. Infractions are not remedied by either CIVIL or CRIMINAL. So if a cop does "admit" to it being "civil" he would be as wrong as if he called it criminal.

The vehicle code is administrative law for the most part. It requires more research on your part to figure out what is administrative and what is not.

Good luck.

[Dillon Hunt]

Codee will the officer admit it was a criminal investigation on the stand if there was no injured party?

yes or no

thanks

[Codee]

CVC 2400. (a) The commissioner shall administer Chapter 4 (commencing with Section 10850) of Division 4, Article 3 (commencing with Section 17300) of Chapter 1 of Division 9, Division 10 (commencing with
Section 20000), Division 11 (commencing with Section 21000) except Chapter 11 (commencing with Section 22950), Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14(commencing with Section 31600), Division 14.1 (commencing with Section 32000), Division 14.5 (commencing with Section 33000), Division 14.7 (commencing with Section 34000), Division 14.8 (commencing with Section 34500), Division 15 (commencing with Section 35000), Division 16 (commencing with Section 36000) except Chapter 2 (commencing with Section 36100) and Chapter
3 (commencing with Section 36300), and Division 16.5 (commencing with Section 38000) except Chapter 2 (commencing with Section 38010).

(b) The commissioner shall enforce all laws regulating the operation of vehicles and the use of the highways except that, on
ways or places to which Section 592 makes reference, the commissioner
shall not be required to provide patrol or enforce any provisions of
this code other than those provisions applicable to private
property.

The above is all administrative law. ;)