The Philadelphia Lodge of the Fraternal Order of Police has filed a lawsuit seeking to invalidate a city law banning officers from pulling over drivers for low-level offenses, saying the law illegally preempts existing state laws on traffic violations.
FILE - Shown are Philadelphia Police vehicles on a traffic stop in Philadelphia, June 24, 2021. The Philadelphia Lodge of the Fraternal Order of Police has filed a lawsuit Wednesday, Feb. 23, 2022 seeking to stop a city law banning officers from pulling over drivers for low-level offenses from going into effect saying the law illegally pre-empts existing state laws on traffic violations.
In a news release announcing the lawsuit Wednesday, Lodge leaders called the city law irresponsible, saying it would promote unsafe driving without consequences. Critics say the practice has led to Black and Latino motorists being unfairly stopped and searched at disproportionately high rates and sometimes being detained for small infractions. The Defender Association of Philadelphia analyzed 300,000 stops from previous years and said the new law would prevent a significant number of those in the future.
The lawsuit alleges the law “creates a new class of offenses that law enforcement officers are prohibited from enforcing—impermissibly amending legislation enacted by the General Assembly.” Advocates for law enforcement say such stops can uncover illegal drugs and weapons, noting that the U.S. Supreme Court ruled in 1996 that they were acceptable.
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