Traffic Stops; A Primer

You hear the siren and you see the police officer motioning for you to pull over. You will probably have a plethora of questions. Should you get out of your car after the police officer pulls you over? Should you speak first to the officer? Can the officer search your car? The officer seems friendly; is it possible to talk him or her out of the ticket? Your responses after you've been stopped can have an important impact on the charges made against you.

First thing to remember, the officer is aware of the fellow officers who have been attacked or shot during a "routine" traffic stop. So, do not do anything that might be considered a threat or belligerent or in any way aggressive toward the officer! That may seem obvious and hardly in your nature, but the officer doesn't know you or that you're a pacifist, a Gandhi-like creature, with lovely wife and children. You are a stranger to him or her and law enforcement officers have many legitimate concerns.

As soon as you are aware of the flashing lights, pull over to the right safely and quickly. Pull over in a way that will be most likely to calm down an angry or annoyed traffic officer. Use your turn signal to indicate any lane changes from left to right, and slow down fairly quickly, but not so quickly that the officer will have to brake to avoid hitting you. Pull over as far to the right as possible so that, when the officer comes up to your window, he won't have to worry about being clipped by vehicles in the right lane.

In addition to stopping quickly, and thereby showing an intention to cooperate, you'll have a better chance of figuring out exactly where the officer says you committed a violation. You may want to return to that area later to make sure the officer was telling the truth about how he judged your speed, saw your turn, or witnessed any other violation.

OK, now that you have stopped...

After you've pulled over to a safe spot, you might want to show the officer a few other courtesies. At this point, you have little to lose and perhaps something to gain.

First off, roll down your window all the way. You should turn off the engine, place your hands on the steering wheel, and, if it's dark, turn on your interior light. This will tend to allay any fears the officer may have. As I have noted, a traffic stop has the potential of being dangerous to the officer. Don't start rummaging through your back pocket for your wallet and license, or in your glove compartment for your registration, until the officer asks you for them. For all he knows, you could be reaching for a gun. Keep your hands visible and do not start to leave your car unless directed to do so.

A police officer will want to search the vehicle under many circumstances. Do not give him a reason to do so. A police officer is normally not allowed to search your vehicle unless he observes you trying to either hide something under the seat or throw something out the window. Once the officer is on your rear bumper with his spotlight silhouetting your every move, he's watching for any sort of furtive movement. A sudden lowering of one or both shoulders will tip him off that you're attempting to hide something under the seat.

If the officer has a reasonable suspicion you are armed and dangerous, she can frisk (pat down) you. Similarly, if the officer reasonably suspects that you are involved in criminal activity she can also perform a pat down. And if the police officer has probable cause -- a reasonable basis or justification to believe that you or your passengers are involved in criminal activity -- they can search your car and objects belonging to passengers.

So do not give him or her the opportunity to have suspicion.

Sometimes there is no choice. Even if the officer doesn't have reasonable suspicion or probable cause, once you are stopped, a police officer may seize any illegal objects in your car that are in "plain view." Once they see the object, such as open beer or wine bottles or drug paraphernalia, they can open the car door to reach in and get it. After that, they may come across other objects that are in plain view and shouldn't be in your car, and they can seize these, too. Be wary of this exception of items in "plain view"; if it comes down to your word against the officer's, he will be given the benefit of the doubt.

Lastly, your car may also be searched if you or any occupant is arrested. Also, if you're arrested and your car is towed, the police may make an "inventory search" afterward, even if they have no reason to suspect there is anything illegal inside.

Should you get out of the car?

An officer who stops you for an alleged traffic violation has the right to insist that you and your passengers get out of your car. You should do so if asked. Also, getting out of your car may make it easier for you to check road conditions, the weather, and the place the violation supposedly occurred.

However, many police officers prefer that you stay in your car and will tell you to stay there if you start to get out. If this happens, obviously you should cooperate. If you get out of the car against the officer's orders, don't be surprised to see a gun pointing at you. Cops are trained to expect the worst. When you get out of your car, they may assume you're about to pull a weapon or attempt to flee.

What should you say to the officer?

Many people stopped by an officer make the mistake of saying the wrong thing to him and failing to say the right things. And a case can be won or lost depending on what you say -- or don't say -- to the officer.

Don't speak first. Especially don't start off with a defensive or hostile "What's the problem?" or similar words. Let the officer start talking. He will probably ask to see your license and vehicle registration. Many people make the mistake of insisting the officer tell them why he stopped them before they'll comply. Don't make that mistake. Reply "okay" or "sure," then hand over the documents.

One of the first things traffic cops learn in the police academy is to decide, before leaving their vehicle, whether they're going to give a ticket or just a warning. They may act as though they still haven't made up their minds and are going to let you off only if you'll cooperate. Don't fall for this. The hesitating officer may be trying to appear open-minded in order to extract admissions out of you, to use them against you in court if necessary. The strategy is to try to get you to admit either that you committed a violation or that you were so careless, inattentive, or negligent that you don't know whether you did or not.

The officer might start by asking you the sort of question whose lack of a definite answer might imply guilt, such as, "Do you know why I stopped you?" Or, he might ask, "Do you know how fast you were going?" Your answers, if any, should be non-committal and brief, like a simple "No" to the former question or a very confident, "Yes, I do," to the latter. If he then tells you how fast he thinks you were going or what he thinks you did, don't argue. Give a noncommittal answer, like, "I see," or no answer at all. Silence is not an admission of guilt and cannot be used against you in court.

There will be a urge to explain fully to the officer all of the reasons why you were doing nothing wrong. Don't waste your breath; it will not help and everything you say can be construed against you.

Whether or not you should fight the ticket or if drugs or alcohol are involved are additional issues that will be dealt with later. Right now, allow the police officer to depart, and drive oh-so-carefully home.