Featured News 2013 Know Your Rights: the Police Stop

Know Your Rights: the Police Stop

What should you do when you get pulled over by a police officer? Knowing the answer to this question can help spare you a lot of trouble in the future. Before you find yourself in this situation, it would be vital to understand your rights in dealing with law enforcement, and also some tips on how you should respond to being pulled over.

When you are first stopped, you want to put your car in park, turn off the engine, and roll your window down. Then you should put your hands atop the steering wheel so that the officer can clearly see them. If you are pulled over at night, turn on a light inside the car. And do not forget to sit still. If you rifle through your glove compartment, purse, or pockets to get your ID or registration ready, an officer may think and act like you are going for a weapon. Officers are sometimes killed in traffic stops, so they will be wary. Only get your driver's license, etc. when you are asked to do so. Also, if you stuff something under a seat real quick, an officer may think you are hiding something, and this would give him or her probable cause to search your car. You do not want the officer to be suspicious, and you do not want to incur unnecessary time delays.

Whatever legal request the officer asks of you, do it. Provide your name and address, remain inside, or exit your car, etc. It can only help if you are polite and helpful. Also remember that an officer does not have to explain why he or she pulled you over, not until later. So be patient if the officer does not provide a reason when you ask. Instead, let the officer initiate the conversation. As you will probably be asked to provide your driver's license and registration, do so willingly, but if you have to go to your pocket, purse, or glove compartment to retrieve it, then let the officer know what you will need to do, and wait for the officer to acknowledge that you can proceed.

Also be wary of admitting something you do not need to. An officer may carry on as if you are about to get away with only a warning, but often an officer wants you to apologize about speeding, for example, a confession of sorts that can be used against you. The officer wants you to say that you broke a law. Of course, this does not mean that you should lie. What you can do is give short answers, most of the time just acknowledging that you are listening, like, "I understand". If the officers asks you if you know why you were pulled over, say no if you have to answer. If you are asked whether you knew how fast you were going, say yes. Also remember that you have the right to remain silent (per new rules from the Supreme Court you may have to explicitly say you want to use this right).

An officer might ask you if he or she can search your car. Do not say yes. If you are being asked, this likely means that there is no probable cause. With probable cause, an officer is allowed to a search without your consent. The officer can ask you, however, to get out of the car, and if there is anything that would make the officer think you could pose a threat, he or she can pat you down. If the officer thinks that what they felt was a weapon, then he or she can find out whether it is or not.

Then there is the instance of when you have had a drink for the road. This is not something that you want to bring up. If an officer asks for you to perform field sobriety tests anyway, such as tests where you have to walk in a straight line, remember that you have the right to refuse to do so. In just about any state, there are no repercussions for refusing to take these tests. When it comes to breath and blood tests, however, your license would automatically be suspended or revoked for a year if you refuse to take this tests. This is because of "Implied Consent Law". Because you have a driver's license, this means that you are considered to have already consented to any chemical tests that are asked of you.

Depending on the state where you live, you may also have to take certain actions if you are licensed to have a gun in your car or on you; some states require that you alert the officer to this fact. In other states where this is not compulsory, and you need to reach for your registration in the glove compartment where a gun is also located, you may want to let the officer know anyway.

Even if you do end up with a ticket or a criminal charge, if you kept your cool throughout the police stop, the better a defense attorney may be able to refute your charges. If you were cited or if you were charged for a criminal act, then be certain to contact the best defense attorney that you can find. With the right representation, you may be able to avoid undeserved penalties, protecting your rights and freedoms.

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