LAW OFFICE OF
Brendan W. Caver DCFS, Juvenile, and Criminal Defense Attorney
What Are Your Rights During a Traffic Stop?
Engage Team • April 2, 2020
What Are Your Rights During a Traffic Stop?
Nearly everyone gets nervous when the police pull them over for a traffic stop, even if they’ve done nothing wrong. Many of us don’t know what, exactly, the police are allowed to do in this situation, and we jeopardize our cases by saying or allowing too much.
This article is an overview of your rights, and if you find yourself accused of a crime thanks to a traffic stop, be sure to stop talking to the police and call a criminal defense attorney in Rockford, IL right away.
Grounds for police to stop and search your car
The Fourth Amendment limits the police from performing unreasonable searches and seizures, and since a traffic stop is considered a “seizure,” they have to have a good reason to do make a stop—in this case, it’s called “reasonable suspicion” that a violation or crime has or is about to occur, and they must be able to point to “specific and articulable facts” supporting that suspicion. For example, blowing through a stop sign is a traffic violation, and weaving in and out of lanes is an indication the driver might be under the influence.
Searching your car without a warrant requires a higher standard, called probable cause—the officer needs to have observed something that leads them to believe a crime has been committed, such as smelling alcohol or marijuana in the car. Traffic violations do not give probable cause to search the car.
You can voluntarily consent to a search, but we recommend that you do not—even if you have nothing to hide. Here are your obligations during a traffic stop:
- You do not have to answer questions: You’re not required to answer self-incriminating questions like, “Do you know how fast you were going?” Be polite in your refusal so as not to escalate the system.
- You do not have to consent to a search: You are never required to consent to a search. Be sure to verbally refuse consent, but do not try to physically prevent officers from searching your vehicle.
- You can verbally refuse consent to a frisk: Similarly, you can verbally refuse consent, but don’t get into a physical altercation.
- Your passengers are free to leave unless the police suspect them of a crime: Passengers should ask if they’re being detained or are free to go (if they so choose).
- You should ask if you’re being detained or are free to go: Unless the officer has reasonable suspicion or probable cause to believe you committed a crime or violation, you should be free to go.
Criminal defense attorney in Rockford, IL
The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney works on criminal defense cases, including DUI, juvenile defense, DCFS cases and more in the Rockford area. If you’ve been charged with a crime after a traffic stop, you need an experienced lawyer. We’ve been representing Illinois clients since 2011, and will work tirelessly to achieve a positive outcome for you. Call today for a consultation. We look forward to meeting with you soon.
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