Maison Law advocates on behalf of injured pedestrians involved in auto accidents. Just as vehicles have laws they must follow on the road, so do pedestrians. California Vehicle Code 21955 covers when police officers are allowed to stop pedestrians. Pedestrians should follow a police officer’s direction when they are telling them to stop and go across a roadway safely. However, police officers are not always entitled to stop pedestrians.
When is an Officer NOT Permitted to Stop a Pedestrian?
If you are crossing the street at a marked or unmarked crosswalk, police officers can direct you when to cross. However, they cannot stop you if you attempt to cross the street when they are instructing you not to. California Vehicle Code 21955 states:
“(a) Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.”
The law goes on to clarify a pedestrian’s right to cross the street in this situation, as well as the police officer’s right to stop you.
“(b)(1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.”
In this scenario, a pedestrian does have the right to cross the street at any time without being stopped by the police. However, this statute does not relieve a pedestrian of their duty of care to keep themselves, other pedestrians, and other vehicles from being harmed by their actions.
When are Police Officers Allowed to Stop Pedestrians?
California Law gives police officers the right to temporarily detain you if they have reasonable suspicion to believe you’ve done something wrong. Reasonable suspicion is based on directly observable evidence that shows you may be involved in misdemeanor or felony criminal activity. Even if the officer does not have an arrest warrant, they can stop based on reasonable suspicion alone.
Even though police officers can stop you, they are NOT allowed to restrain or cuff you. They can, however, block your path and instruct you to remain where you are. They are even allowed to “stop and frisk” you. This type of procedure is known as the “Terry stop,” named for the 1968 Supreme Court case Terry v. Ohio. The Supreme Court ruled that a temporary detention based on reasonable suspicions is constitutional under the Fourth Amendment.
If you are stopped by an officer for reasonable suspicion, it is important to remember the officer must present evidence as to what gave them reasonable suspicion in court.
What are My Rights if I am Stop-and-Frisked Illegally By an Officer?
Penal Code 1538.5 can be filed by your attorney if you believe an illegal stop-and-frisk led to your arrest. This statute asks the court to disregard any incriminating evidence the police found from the illegal stop. It will be up to the judge to grant your motion and exclude the evidence presented against you from the trial. Oftentimes, when a judge removes evidence, the prosecution is left with a weak case and the case is thrown out altogether.
Contact a Pedestrian Accident Lawyer in California
If you or a loved one has been involved in a pedestrian accident in California, the accident attorneys at Maison Law are standing by to help you get the compensation you need. Pedestrians in California have the legal right to cross intersections without suffering life-altering injuries at the hands of reckless drivers. To get the legal help you need, contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.
