What To Expect if You Are Pulled Over by the Police
Key Takeaways:
- A police officer needs to have reasonable basis to suspect you of criminal activity or a violation of a traffic law to stop your car.
- A police officer cannot harass, discriminate, use excessive physical violence, or search your car without a valid legal basis.
- If you feel a police officer has used excessive force, you can hire an attorney to file a civil claim.
Being pulled over by a police officer, even if it is just for speeding or other minor traffic violations, can be an intimidating experience. However, knowing what you can expect when a police officer stops your vehicle during a traffic stop can help ease your anxiety.
Traffic violation laws are different in every state. For advice about how to handle police encounters at the side of the road, talk to a criminal law or traffic attorney for advice.
What Can a Police Officer Legally Do During a Traffic Stop?
When a law enforcement officer turns on their car’s flashing lights to pull you over, you are supposed to promptly and safely pull over to the side of the road at a safe spot. When the police officer approaches, they will likely approach the passenger side of your car. This is generally for officer safety and so they don’t face the risk of getting hit by other vehicles on the highway,
Police officers will usually ask you why you think you were stopped. The officer needs to have a legal basis or reasonable suspicion that you may have committed a crime or violation of a traffic law to pull you over. Even the slightest of infractions, like weaving in your lane, failing to use your turn signal, or having an air freshener hanging from your rear-view mirror, can trigger a basis for a traffic stop. Giving the officer an admission of guilt makes their job easier.
A police officer can ask for your driver’s license, vehicle registration, and proof of insurance. If it is dark out, a police officer may shine a flashlight in your vehicle and look for suspicious items in plain sight. If your vehicle is blocking the road, the police could tell you to move your vehicle off the road to a safe place.
A police officer’s general questions are usually legal as long as they relate to the reason they pulled you over for the traffic stop. Upon your request, a police officer should show you their badge number.
What Can’t a Police Officer Do During a Traffic Stop
Police officers do not have unlimited authority to search you, your car, your trunk, or your glove compartment without permission. When a police officer pulls you over for a suspected crime or violation of a traffic law they are not allowed to:
- Harass or discriminate against you
- Use unreasonable force, including physical violence, unless they are acting in self-defense
- Search your person or your vehicle without your consent or a search warrant
However, the police may be able to search your car if there is a valid legal basis, such as to protect officer safety, due to you making sudden movements, or because they see evidence of a crime in plain view.
What if the Police Use Excessive Force During My Traffic Stop?
Most minor traffic violations don’t require taking drivers into custody. If a police officer uses excessive force or violates your constitutional rights during a traffic stop, you might have a legal basis to sue an officer under federal law.
You can also file a complaint with your local police department or the Department of Justice if you feel that a police officer used excessive force during a police stop.
Contact a criminal defense attorney who can help you bring a legal claim to protect your rights if you think a law enforcement officer has violated your constitutional rights or used excessive force.
Did You Get a Traffic Ticket?
You may not have to pay a traffic ticket. Experienced traffic ticket lawyers in our directory can examine your situation and protect your rights.
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