Getting pulled over by the law enforcement officers can be daunting. Fear and confusion are common in these instances, but it’s important to ensure you’re acting politely even if the situation might be uncomfortable. Your interaction with the police will largely influence the direction of the stop, so follow the police officer’s instructions carefully and pull over as soon as it is safe to do so.
Knowing what to expect as well as what your rights are as a driver is vital in such instances. It can ensure you’re well prepared while also helping you protect yourself. With that in mind, here are some important pieces of information regarding driver rights during police stops.
You may be detained for investigative purposes…if there’s a reasonable suspicion
It is legal for the law enforcement officers to detain a driver without arresting them. That being said, there needs to be a reasonable suspicion that has led to your detainment. In other words, the police need to have a reason to believe that you committed or were about to commit a crime. If that is the case, they do not need to have a warrant for your arrest. In some states such as New York, the police officers don’t have to tell you immediately why you’re being pulled over.
According to a reputable DWI attorney Binghamton, NY safest bet in such instances is to avoid answering any questions without your lawyer present. With their deep understanding of local courts and how the legal system works, an experienced attorney will review the specific circumstances of your particular case. After that, they will provide valuable legal advice and help deliver the most favorable legal outcomes.
You must pull over immediately…but you have the right to remain silent
While knowing your rights as a driver is vital for protecting yourself, you also need to understand your responsibilities as a driver. If a law enforcement officer signals for you to stop the vehicle, you must obey. Failing to do so means that you are breaking the law, which could have serious legal consequences. The police officers will signal for you to pull over by either turning on a siren or using red and blue lights. You should move your vehicle to the side of the roadway immediately or as soon as it is safe to do so. They will approach your vehicle and ask for license and registration along with your name and identification.
The best thing to do in such instances is to remain calm and ask for a lawyer while exercising your right to remain silent. Handle the conversation respectfully, but do not feel pressured to answer any additional information without your lawyer present. Anything you say can potentially be used against you, so stay safe and don’t say anything.
The police can conduct the search of your person…if you consent/they have a warrant
During a police stop, the police officer can ask if they can search you, but they must show their ID first. Prior to the search, they should explain why they pulled you over, and then ask for your consent to be searched (you or your belongings). It is possible to refuse the search and in that case, the police officer must have a warrant or some other valid reason for the search to be conducted.
Keep in mind that the police officer may decide to conduct the search despite the search being refused. In such an instance, it’s best to give a timely objection (i.e. before the search or during). This can aid in protecting your rights later on should any legal proceedings take place afterwards.
The police may not use excessive force…if they do, make sure to document everything
Whether we’re talking about a police stop or any other interaction between police officers and the public, there is no excuse for the police to use excessive force. Drivers’ refusal to cooperate during a police stop does not justify law enforcement officers’ use of excessive force. Despite that and the fact that they are required to wear body cameras, some police officers decide to use force during stops.
If your rights are violated at any point during a police stop and the police does use excessive force, make sure to document all the crucial information regarding the incident that took place during a traffic stop (police officer’s name, location of the traffic stop, etc.). You should also contact a lawyer as soon as possible so they can inform you about your legal options.
Understanding driver’s rights as a valuable tool for minimizing risks during police encounters
When pulled over by the police, arguing or resisting arrest are not in your best interest. Still, it’s important that you as a driver understand what your rights are during such an encounter. Your rights are a valuable tool, and understanding them can help you minimize the risks associated with interactions during police stops and ensure everything goes as smoothly as possible.
