Know Your Rights During a Traffic Stop
One of the most important things to remember is always be respectful to the officer making the stop. An attitude will only make you appear guilty and put the officer in a bad mood. Police Officers do not like to feel disrespected. Be compliant with providing the necessary documentation (licence, registration and proof of insurance) during the stop.
One thing to keep in mind before any traffic stop may take place is to store all your personal and/or private effects out of the view of prying eyes. This rule should be applied to both items in a stationary vehicle, such as a parked car, and in a moving vehicle, where being involved in a traffic stop is a very real possibility. In order to understand why keeping your items out of sight is important you must understand that Law Enforcement Officers work around a set of rules called the "Plain View Doctrine." In essence, the doctrine states that an officer may only initiate a "search and seizure" if they have a reasonable cause to do so; such as an illegal item in plain view by an officer. Plain View means: in an open area, not in a dash compartment or under a seat. An officer may not move the item in any way in order to fully view the object in question.
Now, with that information aside, if you are actually stopped by an officer of the law it is also important to understand that just because an officer asks you if he can search you car doesn't mean you have to say yes. According to Flexyourrights.org, when stopped you should "just say 'no' to warrant-less searches." The site also states that, "the only reason the officer is asking you (to consent to a warrant-less search is because he/she doesn't have enough evidence to search without your consent" (Flexyourrights.org). Keep these facts in mind when deciding whether to give up your fourth amendment right (the right against unreasonable searches and seizures).
Finally, remember you are not obligated to answer any questions posed by the Police Officer. You have the fifth and sixth amendment to thank for that. If the officer continues to ask you questions it is usually in your best interest, if you are doing something wrong, illegal, or just unsure of the situation, to tell the officer you will not answer any questions with out the advice of a lawyer. It is always better to err on the side of caution.
With these tips in mind you should be prepared to take an active stand in your next traffic stop and avoid falling victim to any tricks of the trade an officer may use to catch you in the act.
Law.com. "Plain View Doctrine." 2007. Http://www.dictionary.law.com. (Viewed 02/09/07).
Flex Your Rights.org. "Traffic Stop Scenario." 2007. Http://www.flexyourrights.com.
(Viewed 02/09/07).
Published by Kayla R.
I am a college graduate with a Bachelors of Science in Legal Studies/Pre-Law with an emphasis on legal procedure, prosecution, and civil rights. I've also studied extensively in the area of Asian culture an... View profile
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5 Comments
Post a CommentMy husband and I were pulled over for a minor traffic violation (I was driving). Upon pulling over to the right of the road the officer ordered me out of the vehicle had me place my hands behind my back and then escorted me to the of her squad car where she asked if I had anything illegal on me I answered no and she searched me thoroughly by putting her hand in the waistband of my shorts so deep her fingertips went past the top of my underwear then she went all the way around. She then asked me if i was wearing a bra and I said yes, then she put her hand up the right hand side of my shirt and in my bra felt around breast and moved onto the left side and repeated her search of my left breast all this was being done to the right of a busy boulevard with passing vehicles able to observe it all then put me into the back of the police car and went onto get my husband out of the car. Later during our traffic stop she asked me what nationality I was as well as my husband. She asked for my dri
Munoz, that is not entrapment. You're friend is screwed.
when driving i notice some cops will have there orange lights on. indecating that there on dute while park in the dark.and some will have there lights off indecating that there off dute.from my understanding that cops are supose to have there orange lights on while on dute park.i had a friend of mine get pulled over at a stop sign.cop was in the dark with no orange lights .thats conceder in trapment.right
Very interesting. Thank You.
Thank you for sharing this valuable information.