A friend of mine is a student of traffic law. He sent me an email complaining that the Constitution and common law seem to be suspended in the context of a traffic stop. He was especially concerned by the fact that the police can stop drivers along the roads and highways and essentially arrest us without a warrant.
I replied with a notion that I’ve never researched and which could be completely mistaken–but which has been rattling around in the back of my brain for most of a decade:
The usual traffic stop starts with the flashing of emergency lights.
I suspect the traffic ticket and possible arrest are based on the alleged existence of an “emergency“.
If the existence of an “emergency” were effectively denied, could there be a lawful traffic stop or traffic ticket?