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What are my Rights During a Traffic Stop?

By Cynthia Hsu, Esq. on May 11, 2011 | Last updated on March 21, 2019

Imagine you're driving to a party, dancing along to the music on the radio. You swerve a bit on the road. Suddenly, you see the tell-tale flashing red and blue lights behind you. It's the police. What should you do in a traffic stop? And more importantly, what are your rights?

While police officers are given a high level of authority, they must abide by certain rules. Many departments now require law enforcement officers to wear body cams while they are on duty so that everything they do during the traffic stop is recorded. Still, you should know your rights.

Frequently Asked Questions About Traffic Stops

Is it standard for a police officer to ask for my driver’s license, vehicle registration, and proof of insurance at the time of a traffic stop?

Yes. If an office believes a traffic violation has happened like speeding or driving under the influence of alcohol typically the first thing the office will do once you have pulled to the side of the road is ask for these items. Following the officer’s commands to provide this paperwork should be easy to do. Failing to provide these items promptly or making sudden movements could make the office suspicious that something else is going on.

What protects my rights during a traffic stop?

The simple answer is the Fourth Amendment, which protects against unreasonable search and seizure. Officers are not generally allowed to search through your personal belongings, your house, or your car without reason. There could be many reasons that an officer would have the right to search such as seeing contraband like drugs in your possession or, in some states, the smell of marijuana in the car or alcohol on your breath.

During a traffic stop, can the police search my vehicle?

Maybe. Remember, the Fourth Amendment protects you against unreasonable search and seizure. Police officers will often ask you first if they can search your vehicle. If you consent, they can go ahead and conduct the search. However, even if you do not explicitly consent to the search, a police officer may search your vehicle if they have reasonable suspicion that there is something dangerous or illegal that you are concealing. Depending on the state, the officer can also search through locked compartments of your car.

Do the police need to get a warrant to search my car?

As explained above, if they have reasonable suspicion, they do not need to get a warrant. However, an officer could wait for a search warrant. If they do, they will be able to conduct a more thorough search of your car.

What if I have something in the backseat?

If you have something visible in your backseat when the officer stops you, such as a loaded gun, it is considered a "plain view seizure." If the officer is legitimately standing next to your car and sees the illegal weapon, they can go ahead and seize it. Seeing something illegal or dangerous in plain view can also give the officer the reasonable suspicion necessary to perform a more thorough search of your car for evidence of a crime.

Can the police search me?

If the police believe you have a weapon that could be dangerous to them during the traffic stop, they can ask you to exit your vehicle for a pat down. This is a search where the officer pats down the outside of your clothing with the purpose of looking for a weapon and nothing else. If the officer finds evidence of you having a weapon, probable cause may be established to arrest you. Also, if the officer thinks you are drunk, they can ask you to take field sobriety tests outside of your car. The results of these tests may also establish probable cause to arrest you for DUI.

The statutory guidelines for what is acceptable and legal during a traffic stop are different depending on what state you are in. If you feel that your rights have been violated, it might be advisable that you consult a knowledgeable criminal defense attorney to determine if there are any legal remedies for you.

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