It’s late. You’re driving home from your friend’s house, when all of a sudden you see the reflection of flashing red and blue lights. Maybe you’ve had a drink, maybe you haven’t; either way, you’re probably nervous. It’s totally understandable that you’d be anxious in such a situation.
The police-state culture that has been fostered in the US doesn’t help matters. Neither do media-blasted events like the Sandra Bland story from 2015. Not long after her alleged suicide, several media outlets released articles analyzing the tapes of the traffic stop involving Bland and officer Brian Encinia.
The Death of Sandra Bland
It is generally agreed that Encinia unnecessarily escalated the situation and broke with department policy. In fact, he was later demoted to administrative duties after authorities “identified violations of the department’s procedures regarding traffic stops.” Sadly, the department’s observations came far too late for Bland, who was found hanging in her jail cell where she was detained for “assaulting a public servant.”
Knowing Your Rights
Two years after Bland’s death, it would behoove us to review the rights we have during a traffic stop. There are some differences from state to state, but overall the principles are the same.
Right to Remain Silent
You have the right to remain silent. You’ve probably heard this on every episode of Law & Order, so it might come as no surprise to learn that it’s true. There are some exceptions in certain states. Some localities might require you to disclose information about yourself, in addition to requiring you to hand over your license and registration. The bottom line: don’t feel pressured to say anything about the party or bar you’re coming from.
Stay Calm
Now this isn’t necessarily a right. It is however a good practice. Staying calm is your best bet if you want to avoid a confrontation with the police and time in jail. To that end, it’s also important to be calm when invoking your rights. For instance, if you wish to refuse speaking about anything other than your identity, calmly state that you prefer not to answer any questions. It’s even better to say that you’re exercising your right to remain silent as per the Fifth Amendment. This is because, in recent years, courts have been known to use actual silence as evidence of guilt, so the clearer you are the better.
And while you’re being calm, be sure to keep your hands in plain view. The bottom line: don’t give the officer any reason to be suspicious.
You Have the Right to Refuse to Consent to a Search
Sometimes police officers will ask if they can search your vehicle. You do not have to consent to a search. The only way they can search your car is if they have probable cause. For instance, if they see something in plain view, such as a bag of marijuana, they can order a search. In addition, if they arrest you, they may then search you and your vehicle. Unless they arrest you or have probably cause, feel free to calmly and politely refuse to give consent to a search. Remember, if they find an open container in your car, you will likely get a hefty fine, or worse.
Probable Cause
It is also good to know that an officer can’t pull you over because he or she feels like it. They must have probable cause and they should tell you the reason when they first speak to you.
Once a police officer does pull you over, remember you don’t have to pull to the side of the road until it is safe to do so. However, pulling over sooner is better than waiting a really long time.
Breathalyzer
In most states, whenever you first get your license, you are bound by the implied consent doctrine. According to this principle, you automatically give your consent to a breathalyzer when you get behind the wheel of a car. Thus, if a police officer asks you to take a breathalyzer test, you technically can refuse, but this could result in a six-month suspension of your license, depending on the state. Thus, it’s probably a good idea to take the breathalyzer.
Checkpoints
It is also important to know that, in most states, sobriety checkpoints are legal. If stopped at a checkpoint, just be calm and polite, but do not offer information about whether you’ve been drinking.
Attorney
If you are unlucky enough to be arrested, you should be aware that you have the right to an attorney. You can’t however invoke this right just because you’ve been stopped. You need to be arrested first. As previously stated, when invoking your right to an attorney, do so calmly and politely. You can say: “Before I answer any questions, I’d like to speak with an attorney.” And remember, if you don’t have access to a lawyer or can’t afford one, the state is obligated to provide one for you.
If you feel your rights have been violated, you might want to reach out to a skilled attorney with experience in police traffic stops.