Know Your Rights
- Your constitutional rights apply in any traffic stop situation
- Police must have “probable cause” in order to search anywhere in your vehicle without your permission
- You have the right to remain silent and you should exercise this right
- Regularly check your vehicle lights, front and back, to avoid giving police easy probable cause
- Make sure your inspection and registration are always current to help avoid detainment at a check point
- Window tints, visible vehicle damage, and loud noises made by your vehicle are all considered probable cause
- You may be asked to perform a Field Sobriety Test
- This can be refused without penalty, unlike a chemical test which often carries heavy penalties for refusal
- You are not required to answer any questions directed at you
- You are legally entitled to refuse a search request without incurring any penalty
- Unless you are being detained, the stop must be brief
- If you are being detained, exercise your right to remain silent and seek legal counsel immediately
Traffic stops can be scary and confusing, even if you were doing nothing wrong. You may be tricked into consenting a search, or admitting guilt in the heat of the moment. Or, you may have had your rights violated and you were not aware that it happened. A FORMER PROSECUTOR is intimately familiar with what an officer is legally allowed to do during a traffic stop. This experience and expertise may get potentially damning evidence thrown out if it was obtained not using proper procedure.
