118948(a)HS - It is unlawful for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a minor.
118949 HS - A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of this article.
I interpret 118949 HS to mean that a traffic stop cannot be performed when 118948(a)HS is the only violation observed. With that being said, do you think it would be a lawful detention if the vehicle in question were parked and occupied with an adult occupant (not necessarily seated in the driver's seat) smoking in the presence of a minor?
I'm looking for the opinions of other cops.
118949 HS - A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of this article.
I interpret 118949 HS to mean that a traffic stop cannot be performed when 118948(a)HS is the only violation observed. With that being said, do you think it would be a lawful detention if the vehicle in question were parked and occupied with an adult occupant (not necessarily seated in the driver's seat) smoking in the presence of a minor?
I'm looking for the opinions of other cops.
Comment