Know Your Rights When Police Conduct A Traffic Stop
The traffic stop is an encounter between police and drivers that takes place in cities, towns and rural areas throughout America more than 50,000 times each day. It is, by far, the most common interaction between police and civilians, yet most people know very little about why traffic stops take place and what happens during them.
Police bias in conducting traffic stops
Enforcement of state traffic laws is the most commonly offered reason for a police officer ordering a motorist to pull over to the side of the road. However, an exhaustive study by researchers at Stanford University that gathered data on more than 100 million traffic stops from around the country found a significant racial bias resulting in more black and Hispanic motorists being stopped.
Searches of the stopped vehicles and their occupants that occur as a result of what begins as a traffic stop are common and also reflect a racial bias. According to an analysis of traffic stops conducted by officers of the Los Angeles Police Department, black drivers were five times more likely to be subjected to a search of their vehicles than drivers who were white. Latino motorists were three times as likely to be searched than their white counterparts.
It is important to know what to do and say during a traffic stop. To help you be ready in case it happens to you, here are some common reasons for traffic stops and some tips on what to do during one.
Common reasons why police may stop your vehicle
Suspicion that a motorist is engaged in criminal activity is generally not the primary reason police and government officials give for traffic stops. Observation by a police officer of a motorist violating state traffic laws is usually offered as justification for the stop.
A few of the common reasons why a police officer may order you to pull over to the side of the road include:
· Speeding
· Equipment violations
· Weaving and failing to stay in lane
· Failure to signal a turn or lane change
· Remaining too long after traffic light turns green
· Expired registration
At least one study of the reasons given by police for stopping a vehicle found that speeding was the basis for the stop 43% of the time. Equipment violations accounted for 24% of the traffic stops, but a police officer’s suspicion that the occupants of a vehicle were engaging in criminal behavior accounted for only 9% of the stops.
When can police stop your vehicle?
Police cannot arbitrarily interfere with your ability to go about your business. There are two legal standards that permit police to stop you: Reasonable suspicion and probable cause.
The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, including traffic stops, by police and other agents of the government. In order to stop your vehicle without violating the Fourth Amendment, police need probable cause.
Probable cause exists when a police officer has a reasonable basis for believing that you have committed, are committing or are about to commit a crime. A police officer with a radar device that shows you driving faster than the posted speed limit has a reasonable basis to believe that you are speeding in violation of the law.
If police do not have probable cause, rulings from the U.S. Supreme Court lets them make a stop based on reasonable suspicion. Reasonable suspicion exists when a police officer observes behavior that warrants further investigation because it may indicate criminal activity. For example, if a police officer observes a vehicle traveling at 35 mph on a road with a posted speed of 55 mph while weaving within the lane of travel, the officer may have reasonable suspicion to investigate to determine if the driver is impaired.
What should you do when police stop your vehicle?
If a police officer signals for you to pull your car over to the side of the road, turn on your directional signal and pull as soon as you can safely do so. Once your vehicle comes to a stop, turn off the engine, roll down your window, and keep your hands on the steering wheel where they will be visible to the officer. If the stop occurs at night, turn on your vehicle’s interior lights.
Remain calm as you wait for the officer to approach your vehicle. Do not attempt to exit your vehicle unless instructed to do so by the officer. A few things to keep in mind about the traffic stop that can help you get through include:
· Be respectful and do not lose your temper even if it seems clear that the officer plans to issue a ticket for a violation.
· Do not reach toward the glove box, center console or under your seat for anything as this may cause the police officer to think that you are reaching for a weapon.
· Wait for the officer to ask for your license and registration and ask for permission before reaching to retrieve the documents.
· Keep conversation to a minimum. The fact that the officer asks a question does not mean that you must answer it. Other than providing identifying information about yourself, you have the right to refrain from making any statements particularly those of an incriminating nature.
· If an officer asks for your consent to conduct a search of your vehicle, you have the right to refuse. Your consent is not required when the police have probable cause to conduct a search, so do not give up your constitutional rights if police ask you for permission to search.
If police conduct a search that you think may be unlawful, stay calm and do not interfere or get in the way. Hire a criminal defense attorney to challenge searches conducted in violation of your rights.
Contact Tung & Associates, APLC
If you have been subjected to an unlawful traffic stop or to a search of your vehicle, the skilled team of attorneys at Tung & Associates, APLC, can help. Conduct us today to schedule a consultation.
Disclaimer:
This article and its contents are provided for general information purposes only. It is not offered as legal advice and should not be relied upon as such by a reader. Nothing contained in it is intended as legal advice or presented for purposes of establishing an attorney-client relationship.