You are a plain cloths detective working on a homicide case. The victim was a gang member that was shot and killed one week earlier. During the investigation you interviewed several witnesses who provided a description of the suspect and the suspects' vehicle. You are currently driving in the same area where the homicide had occurred, it is daytime and nothing out of the ordinary is occurring that you can see. You look over in the lane next to you and you see a black newer Honda Accord 4 door that basically matches the description of the suspect vehicle. You know black colored Honda Accords are not that uncommon and this one matches the description; however, it does not have a rear window sticker that was described by the witnesses. You are thinking, it could be possible the sticker was removed, and when you look over at the driver of the Honda, you notice he basically matches the physical description of the homicide suspect. You think to yourself, that it is possible that this could be the vehicle and suspect, however there is no way to be sure without contacting him and you also know based on the circumstances, it would be very weak to stop this car based on just your suspicion. If the vehicle had the described window sticker, there would be more than enough reason to stop him, but without that window sticker this black Honda just matches every other black Honda on the road.

Now, as you follow the vehicle, you notice it has a burnt-out taillight, which is a mechanical vehicle code violation. You conduct a traffic stop on the vehicle for the inoperative taillight and contact and detain the driver for the vehicle code violation. You really are not concerned about the taillight, because your true intent was to identify the driver. You obtain the driver's license, registration and proof of insurance and issue a citation for the defective taillight and let the driver leave.

Well, you accomplished what you wanted, by identifying the driver. You now take his information, obtain a driver's license photo from DMV with 5 other similar photos of other drivers and compile a photographic line up to show the witnesses of the homicide.

Without getting too far into this scenario answer the following:

1. Was this traffic stop legal, since the detectives only intent was to identify the driver? Explain
2. What are your personal feelings about a detective or law enforcement officer using this technique? Explain