Charles L. Truncale
Solutions Start With A Consultation
904-469-0653
A Former Federal Prosecutor Who Now Fights For Defendants

What are my rights during a traffic stop?

Being pulled over can be stressful -- even if you’ve done nothing wrong. During the stop, officers may ask you questions that seem innocent enough such as, “Where are you heading?” or “Do you know why I pulled you over?” These questions can be overwhelming for anyone.

Do you have to answer their questions?

Here are some of your rights during a traffic stop.

You do not have to talk to the police

If you’re ever unsure of what to say during a traffic stop, you might just be better off remaining silent. Not only do you have the right to remain silent, but so do your passengers. Anything you say during a traffic stop can be used to make a case against you in court.

You do not have to consent to any searches or seizures

You have the right to refuse a search of your vehicle or your person. When an officer asks for your consent to search the vehicle, they may disguise it in a way that you don’t even realize what it is that they’re asking.

They may say something like, “Do you mind if I search your vehicle?” No matter your response to a question that is phrased this way, your answer could be misconstrued. Stating something along the lines of, “I do not consent to any searches or seizures,” may be able to help you if you’re faced with a trick question during a traffic stop.

You have a right to leave

After the officer has verified your information, you can ask if you are free to leave. If the officer says that you are being detained or under arrest, it is your right to know what crime the officer suspects you of committing.

 

Remaining calm and respectful can help you to stay in control of a traffic stop. It is important to remember that, until you are under arrest, an officer is not required to inform you of your rights. By knowing your rights ahead of time, you can help prevent falling into any of law enforcement’s traps.

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