Often, the first contact you may have in a criminal case is at a traffic stop. Its a great time for the officer to collect information with some relaxed rules in relation to search and seizure of a vehicle. You should be aware of what your rights are during the stop. What the officer can and cannot do, what you allow or don’t allow, may have significant impact on your criminal case later.
Be respectful. The fastest way to have an officer going through your car, your personal belongings, and being in the back of a police car is to be an immediate jerk. However, that doesn’t mean you have to do everything the officer says, asks, or answering all of their questions. When you have been stopped for a traffic infraction, you have a right to know the reason for which you have been stopped. This is crucial because without further probable cause, the officer may not inquire or investigate outside of the nature of the stop. If you are driving, you must provide your license, proof of insurance, and registration if asked. You do not have to answer questions- Officer favorites are “where are you coming from?” , “where are you going”, and of course “Do you know why I pulled you over?” Answering these questions often give rise to other questions or suspicions of the officer. If asked these questions, you should simply ask why you have been pulled over, or if you are free to leave yet. Without probable cause of another crime, the officer can only detain your vehicle for the time necessary to address the reason for the stop; so keep it short and sweet.
Often times, the officer may believe there is reason for probable cause to investigate further, If you have been a target of an ongoing investigation, they may have stopped you just to gather further evidence or arrest you. If you are asked to step out of the car, you should do so. If the officer asks you further questions, you should tell them you want a lawyer- doing so ends interrogation. You do not have to submit to field sobriety tests- doing so is just giving them probable cause to arrest you for DUI and have all the evidence they need to convict you on video. You do not have to blow in the breathalyzer at the vehicle- however, if you find yourself at a jail or detention facility and are asked to blow into the intoxilyzer, or to take a blood test, and you refuse, you could lose your license automatically for six months. (I will address DUI in a separate more detailed article.) If you didn’t do the field sobriety tests, answer questions, or otherwise incriminate yourself, the office may not have a right to arrest you in the first place.
If the officer asks to search your vehicle, you should decline, and again ask for your attorney. The officer will need a warrant to search your vehicle unless he arrests you. If you are arrested, you should continue to decline to give permission for a search; however, the officer will be able to search the passenger cabin of the vehicle. The officer will not be able to search locked compartments or the trunk without a warrant or your permission. The officer can also search your person upon arrest as well.
The key to protecting your rights as much as possible at a traffic stop are: Don’t answer questions other than name, and to provide license, insurance, and registration. Ask for an attorney if the officer continues to ask other questions. Decline any search without a warrant. Ask why you were stopped. Otherwise, as always, REMAIN SILENT.