Know Your Rights
Protection Against Illegal Searches: The Fourth Amendment
The Fourth Amendment protects you from unreasonable searches. During a traffic stop, police need one of three things to search your car:
- Your permission
- Probable cause and exigent circumstances (they believe you’ve committed a crime and have a good reason to skip the warrant process)
- A warrant
If an officer asks to search your vehicle, you have the right to say no. If police insist that they are going to search any way, do not physically resist.
Your Right to Remain Silent: The Fifth Amendment
You must hand over your driver’s license, registration, and proof of insurance, but you don’t have to answer other questions. If an officer asks, “Have you been drinking?” or “Do you know why I pulled you over?” you can respond with, “I’d prefer not to answer.” This protects you from saying something that could be used against you later. If police officers push the issue more, you can specifically invoke your Fifth Amendment rights and ask to first speak with an attorney
Small Talk: Be Friendly, But Cautious
Police may engage you in casual conversation with questions like, “Where are you headed?” or “Do you live around here?” While this may seem harmless, remember you aren’t required to answer. You can politely say, “I’d rather not discuss that.”
What to Hand Over: License & Registration
The law requires you to provide your driver’s license, vehicle registration, and insurance upon request. If these documents are stored in the glove box or elsewhere, inform the officer before reaching for them. For example, you can say, “My registration is in the glove box.” Avoid sudden movements.
Windows: How Far Should You Roll Them Down?
You don’t need to roll your windows all the way down unless the officer instructs you to. However, lowering the window enough to communicate clearly and pass your documents shows cooperation.
Comply Now, Dispute Later
If an officer asks you to step out of the vehicle or follow an order, it’s usually best to comply, even if you think the order is unfair. You can dispute the legality later with an attorney. Refusing to comply during the stop may lead to additional charges.
Stay Calm and Know Your Rights
No one enjoys getting pulled over, but staying calm and knowing your rights can help. By handing over the required documents and remaining polite, you protect yourself and reduce conflict.
If you believe the police violated your rights during a traffic stop, contact Stone River Law. Our experienced attorneys are here to guide you and protect your rights.