Many of us are familiar with the stomach-dropping feeling when we see flashing lights in the rearview mirror. At that moment, the only thing you’re trying to remember is whether your registration is in the glovebox or center console.
But it’s also important to remember that you have constitutional rights as a United States citizen, even during a traffic stop.
First, Fourth and Fifth Amendments
You may be under the impression that you must comply with everything the police request, including their request to search your vehicle. There are specific scenarios under which they can search your car, such as having a warrant, probable cause, evidence of illegal activity in plain view or your consent. If police ask to search your vehicle, the Fourth Amendment states you can refuse.
If an officer searches your car without your permission, don’t be belligerent or physically resist. Calmly and politely state that you do not consent to the search. Document the details as soon as possible to use them in your defense, if needed. Under the First Amendment, you are also legally allowed to record the traffic stop as long as you are not interfering with the police officer’s duties.
The Fifth Amendment grants you the right to remain silent. This means you are not required to answer every question the police ask. After providing basic information such as your driver’s license and vehicle registration (and possibly proof of insurance), you can politely decline further questioning, including where you are coming from and where you are going.
It’s imperative that you understand your rights during a traffic stop. If you feel they have been violated, you will want to discuss your situation with someone who can review the circumstances surrounding your traffic stop. They can advocate on your behalf and help ensure your constitutional rights are upheld.