A police officer cannot pull you over without probable cause. Reasons such as your age, race or the type of car you drive are not probable cause for a traffic stop. If you believe that you’ve been pulled over for an illegal reason, record the interaction between yourself and the police officer, if possible. Simply place your cell phone on your dashboard and hit “record. ”
If it’s dark and you are alone, you have the right to drive to a well-lit area, such as a gas station, before stopping. If you plan to drive until you find a safe place, dial 911. Let them know that you are being pulled over by a police officer and that you are driving until you find a well-lit safe place to pull over. The 911 operator will communicate this information to the police officer.
Keep your license, registration, and proof of insurance in an envelope (preferably yellow or another bright color), not a pouch. The envelope should be fairly small. You do not want to keep your insurance, registration, and proof of insurance in an envelope that is large enough to hold a gun. If your license, registration, and proof of insurance are in your glove compartment or under your seat (not recommended), ask the officer if you can pull your yellow envelope out of the glove compartment. If you fail to provide one of these items, the officer can arrest you for driving without them or can give you a ticket. But, if you have a good excuse for not having these items, the officer may allow you to show another form of picture ID. Then, he’ll use it to look you up. This depends on the officer, so try not to drive without your these. You have a 5th amendment right to refuse to answer most of the officer’s questions (the driver of the vehicle must provide ID, but in most states passengers have no obligation to ID or talk to the police) therefore you should practice your right to remain silent.
If you are asked, “Do you know why I stopped you?” Always respond with “no. " If you are asked, “Do you know how fast you were going?” say “Yes. " Answering “No” to this question will lead the officer to believe that you are ignorant of the speed limit or how fast you are going. But, if you truly do not know, you can say “I think I was going around X speed. ” If the officer asks, “Do you have a good reason that would make you need to hurry?” say, “No. " If you say “yes,” then even if you were not speeding the officer will believe that you were, and you’ll probably get a ticket. If he asks “Have you been drinking?” and you have not been, say “no” in case you were stopped for driving in an erratic manner. But, tell him if you take medications or have an illness that can cause driving problems. If the officer spots or even smells an open container of alcohol, you could be asked to take a breathalyzer and a field sobriety test. A police officer cannot force you to take a breathalyzer test without first obtaining a search warrant. But, because of “implied consent” laws, refusing to take the test is grounds for immediate arrest and license suspension. If this happens, you can be forced to take the breathalyzer in jail if the police officers can get a warrant, which is easily obtainable if you committed a traffic violation.
If the officer sees any illegal objects in plain view, he can open the door, reach in, and take them. In the USA, moving vehicles are subject by law enforcement to search with probable cause after a traffic stop. Probable cause may include observing occupants in suspicious activities, remarks and things that the officer can smell, see or hear like safety violations, open containers, potential weapons, etc. If the officer asks if he can search your car, you can say no. If you refuse to consent to a search, that does not create probable cause. However, courts have a tendency to defer to police on probable cause. Even if the officer’s probable cause basis for the search is incorrect, it is often considered a legal search. However, it is also possible that any evidence produced by an illegal search is not permitted as evidence in a trial. It all depends on the exact circumstances. Do not engage the officer in any unnecessary conversation. The officer knows why he pulled you over, and anything you say may be used against you. You have the right to remain silent and not incriminate yourself. Don’t talk unless responding to a question from the officer. Also do not name drop if you know an officer he works with. Chances are that the officer who stopped you assumes you know the other officer because of a prior violation or arrest. Do not exit the vehicle unless ordered to do so. This is almost always perceived as a threat and it is safer for you inside the car than outside, near traffic. If you are asked to exit the car, say, “Officer, are you ordering me to exit the vehicle?” Continue to wear your safety belt. Even though you are stopped, if you are on a busy street or freeway someone can still hit you. Additionally, if you are wearing your seat belt the officer will have no reason to think that you are going to try to run away. If you remove your seat belt before the officer sees that you were wearing it, you might receive a ticket for not wearing it even though you were wearing it, because the officer didn’t see you wearing it.
Refusing a search does not give the officer probable cause nor could it be used against you in court so you should take advantage of your constitutional right not to be searched for the following reasons: If the police accidentally break into your property, they are under no obligation to pay you for the damages because you agreed to a search. You don’t know if a reckless passenger (such as a friend or family member) accidentally dropped something illegal. If the cops find it, it is fair game and can be used against you. Probable cause to search your car may include observing occupants in suspicious activities, remarks and things that the officer can smell, see or hear like safety violations, open containers, and items that could potentially appear to be weapons. Note that refusing to give permission for a car search cannot be considered probable cause. Unless the officer can come up with something else, you will be free to go after the officer writes you a ticket or gives you a warning. Be aware that the officer does not have to ask you permission to have a K-9 unit sniff the outside of your car (drugs, people, explosives. etc).
If the stop is taking a long time, you are free to ask the officer if you are free to leave. If you believe that the officer did something illegal, you can contact an attorney. Then, see if you have a case or file a complaint with the county or state where the police officer is based. For example, if you believe the officer profiled you based on your race, consult an attorney and consider filing a complaint.
For example, if you’re driving a car erratically and breaking traffic laws, the police officer may administer a breathalyzer test. If he determines that you have been drinking, the officer may arrest you. Or if the officer sees drugs in your car when he pulls you over, he will have probable cause to arrest you. Confirm that you are being arrested. Ask them if you are free to go. If they say no, then ask them what you are being arrested for. After this, stop talking. If you are being arrested, let the officer arrest you but do not under any circumstances resist arrest as more charges can be brought against you. Resisting arrest occurs when you try to stop the officer from getting you in handcuffs by fleeing the scene, fighting back, or trying to break free from their apprehensions. Remember, you’re innocent until proven guilty so attain a lawyer to contest the prosecutor and convince the judge to drop or diminish your charges.
Search your body and clothing. Search your belongings. Search your vehicle if you were in it at the time they stopped you. Ask you to perform a test, such as a field sobriety test. Ask you questions. Note that you do not have to answer and you have the right to remain silent. If this happens to you, stay calm and cooperate with the police officer the best you can.
If the police start to ask you a lot of questions and you believe that you will be arrested (you will probably have a pretty good idea), it is best to stop talking. If you are going to be arrested - zip it. Anything you say before you have been arrested can be used against you. If police interrogate you without giving you the Miranda warning, the statements you make cannot be used as evidence against you at trial. Be aware that the police will ask you over and over again if you would like to talk to them even after you have been Mirandized. The police are allowed to trick you into talking. They are not required to be honest with you even after you have been Mirandized.
