Know Your Rights
Getting pulled over can be extremely stressful, especially when you are doing something irresponsible like driving under the influence. Despite the illegality of your actions however, it does not mean all of your rights as an American citizen go out the window.
All US citizens are protected by the 4th Amendment of the US Constitution which protects us from unwarranted search and seizures. Because of the 4th Amendment, no police officer is allowed to search or arrest you without probable cause. However, assume the police officer has probable cause for pulling you over in the first place.
Probable cause only applies to the specific crime in which an officer has probable cause to arrest you. So, even though you are being pulled over, and you know you have done something wrong, be careful not to forfeit what rights you still have left. Below are 5 things you can do to make sure your situation does not go from bad to worse:
- Remain Calm
Acting out, resisting arrest, and being disrespectful are sure-fire ways to make your situation worse. We all have opinions on the police and what we think should be legal and what shouldn’t. But having that conversation with the police officer during a potential arrest is not the best idea. We have to keep in mind that the police are dealing with criminals all day long, and in the officer’s perspective, they have no idea if you are a maniac or just a regular citizen. So, play it safe, comply, and remain calm.
- You Have the Right to Remain Silent
If you have ever watched a crime show you have probably heard an officer read somebody their Miranda rights. The first line is famously, “You have the right to remain silent.” It’s true, and it may seem contradictory to my first point, but it may be in your best interest to keep your mouth shut as much as possible. Because after all, everything you say can and will be used against you in the court of law.
You must still comply with the officer because he most likely has probable cause to pull you over. For example, when an officer asks for your license and registration, do not hesitate to comply. The point of remaining silent is to not incriminate yourself any further or grant the officer probable cause to investigate you further.
- Do Not Grant Consent to be Searched
The only time an officer has the right to search you or your car is if you are actually being arrested or the officer has probable cause to search you. A good rule of thumb here is: don’t give consent to be searched but if an officer insists on searching you or your car, comply. If an officer is asking you in a polite way to search you or your car that probably means they do not have probable cause. They will ask just to see if you give them permission, which you do not have to do.
- If You Get Arrested, Immediately Call Your Attorney
An attorney’s job is to protect you to the best of their ability. Getting them involved in the arrest as possible gives them the best opportunity to defend your case. Your arresting officer may try and talk you out of calling your attorney. Do not let that stop you, call your attorney asap.
5. Ask if You Are Free to Go
Sometimes cops will stop you just to ask you questions. This is not permitted by the US Constitution. If you are stopped and the officer has no probable cause to arrest you, simply ask “Am I free to go?” Unless you are being arrested they will have to say yes. Then calmly walk away.
It is very difficult to disagree with a police officer during a routine traffic stop, but that is no excuse to allow your rights to be overlooked. When in doubt, be calm. Do not try to argue with the officer. Assert your rights and if they decide to ignore your requests, you can use it against them in the court of law.