You Rights When Police Stops You in Traffic

Cop in uniform checks license of female driver

Being stopped by police is a stressful experience that can go really bad. Here are the requirements of the law and strategies for managing police meetings.

You Can Have Silence

First of all, you have the right to remain silent if the police stop you. You don't have to reply to the questions of a police officer and you can use your silence. You must make it verbally clear to the officer that you are calling upon your right to remain silent.

You Can Refuse Vehicle Search

Secondly, you have the right to refuse your vehicle search. "It's okay if I look a little bit around the car?” This is a search request for the car. And you are fully entitled to reject this application. However, if you refuse to give your consent, the police officer does not need a warrant to search the car. There are several cases in which police officers can carry out a search without a warrant even if you don't agree.

You Can Leave

Third, you have the right to leave if you are not under arrest. When you stop, you can leave in peace or quiet once the officer has processed or warned you about the traffic violation for which you have been pulled, unless you have been detained. Be aware that for a simple traffic violation you may be arrested. Any crime (including a crime in trafficking) can be detained.

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You Can Hire an Attorney

Fourth, you have the right to a civil attorney if you're arrested. Do not answer further questions and ask an attorney straight away if you have been arrested. You have the right to speak to a lawyer and have your lawyer with you while the police interrogate you. After you have started speaking to the police and once the lawyer is requested, you may even exercise your right to a lawyer. Even if you are not able to afford a lawyer, one is appointed to you by the Court for most criminal charges.

Reduce risks for yourself by staying calm. Do not rush or stop the officers. Do not give any false statement or documents.

When You Are Arrested

  • Say you want to keep quiet and immediately ask for a lawyer. Do not give any excuses or explanations. Don't say anything, sign anything or, without a lawyer, make decisions.

  • You have the right to make a local telephone call if you have been arrested by police. If you call a lawyer, the police may not listen. If you call someone else, they may listen.

When Your Rights Are Violated

  • Write all you remember, including badges for officials and car numbers from the agent from which the officers came, and all other details. Get witness’ contact details.

  • When hurt, immediately seek medical care and take pictures of your injuries.

  • File a written complaint with the Internal Affairs Department or the Civil Request Board of the Agency. Usually, if you wish, you can file a complaint anonymously.

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**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.