Most people will be pulled over while driving at least once, so everyone should know their rights during traffic stops and searches. Knowing what to do and not to do, as well as what to expect during a traffic stop, can help minimize the chances for it to escalate and provide a way to defend the charges if it does escalate.
Police can stop any vehicle suspected of violating traffic laws. When they do stop a driver, there are some things the police can and can’t do.
• Yes - Ask for Identification – Officers can request identification for everyone in the vehicle, as well as the title to the vehicle and insurance information.
• Yes - Explain Why the Person was Pulled Over – The officer should explain why the driver was stopped and what traffic law was potentially violated.
• Yes - Issue a Citation or Warning – The officer can decide to issue a citation to the driver. They can also decline to issue a citation and let the driver go.
• Yes - Check for Warrants – The officer can run the information for everyone in the vehicle to check for warrants. If there are any warrants, they can arrest the person.
• No - Pull Over a Vehicle Without a Reason – Officers are not allowed to pull over vehicles unless they have witnessed a traffic violation or have some other legal reason.
• No - Force the Person to Talk – The officer can’t force the person to talk if the person is exercising their right to remain silent.
• No - Perform an Illegal Search – Officers must have consent to do a search, with a few exceptions.
Those who are stopped by the police have rights through the Constitution. A traffic stop can become unconstitutional if the office violates the rights of the person being stopped. It is recommended for anyone who feels their rights have been violated or who has been arrested following a traffic stop to contact a criminal defense attorney in Cullman, AL to get help.
• Right to Remain Silent – Anyone who is stopped by the police has the right to remain silent. They may need to provide their name, but they do not have to say anything beyond that.
• Right to Decline a Search – Drivers have the right to decline a search if they are asked.
• Right to a Lawyer – Drivers have the right to a lawyer if they are being questioned or arrested.
• Right to Avoid Questions About Citizenship – Drivers and passengers do not need to answer questions about their citizenship.
Officers will typically ask if they can search the vehicle, and most people will often say yes because they don’t have anything to hide. This is not a good option, as there are a lot of ways a search can go wrong and the person can be arrested.
• Permission to Search – If the officer receives permission to search the vehicle, they can search all of the vehicle and use anything found as evidence for an arrest.
• Probable Cause – The officer can search without consent if there is something illegal in plain view inside the vehicle.
• Driver Arrested – If the driver is arrested, the vehicle can be impounded. It will be searched and cataloged upon being impounded.
During a traffic stop, there are several things drivers and passengers can do to help prevent the situation from escalating and protect their rights.
• Remain Calm and Stay in the Vehicle – Everyone in the vehicle should remain calm and stay inside the vehicle unless the officer asks them to step outside.
• Keep Hands Visible – Everyone in the vehicle should keep their hands visible at all times.
• Provide Identification to the Officer - Everyone will need to provide identification or their name and birthday.
• Remain Polite and Respectful – Everyone should remain polite and respectful at all times.
• Decline Any Searches – Drivers should decline any search of the vehicle.
• Keep Track of What Happens – Drivers can keep track of what happens during the traffic stop and provide that information to a lawyer later if their rights are violated.
Those who have had an interaction with the police that escalated while they were stopped for a traffic violation will want to make sure they do everything right and make note of anything that could be unconstitutional. If someone is arrested as a result of a traffic stop, it is important to seek legal representation right away. If something done was unconstitutional, it may be possible to have the charges dismissed.
