Top Mistakes to Avoid When Interacting with Law Enforcement During a Traffic Stop

 Posted on June 22, 2021 in Criminal Defense

There is no doubt that law enforcement officers are a crucial component in a safe and functioning society. However, the U.S. Constitution, as well as other legislation, Limits the authority of police officers and other government officials in order to protect citizens’ rights. If you are ever stopped by police or arrested for a criminal offense, it is crucial that you assert your rights and avoid these common mistakes.

Acting Suspiciously or Aggressively During a Traffic Stop

If you are pulled over for speeding, running a stop sign, or another alleged infraction, it is important to remember that many traffic stops result in little more than a warning or minor fine. The actions that you take during the traffic stop can directly influence how the traffic stop ends. When you see flashing lights, pull over and turn the vehicle off. When the officer walks over to your car, roll down the window and respond politely in a non-aggressive tone. Give the officer your license, registration, and insurance information if asked for it.  

Answering Police Questions Without Your Lawyer Present

Being calm and polite can help prevent a police interaction from escalating. However, this does not mean that you should incriminate yourself by answering police questions. You have a Constitutional right to remain silent and decline police questions without your lawyer present. If the police ask you questions like “Do you know why I pulled you over?” or “Do you know how fast you were going?” The best answer is usually “No.” Trying to explain yourself or offering additional information can give the officers more evidence to use against you in any future proceedings. If you are arrested, immediately invoke your right to remain silent and inform officers that you will not answer questions without your lawyer.

Giving Permission for Police to Conduct a Search of Your Property

Many people do not realize that they have rights when it comes to police searches. Police cannot search your person or your vehicle without “probable cause.” This means that police must have a reasonable belief that your vehicle contains evidence of a crime or that a search is needed to protect the officer’s immediate safety. However, there is a loophole to these requirements. If you give police permission to search you or your car, they do not need probable cause.

Police may ask, “Do you mind if I take a look around?” or even imply that only someone with something to hide would refuse a search. However, it is always best to decline police searches of your personal property. Calmly respond by saying, “I do not consent to a search.” Police may still search your vehicle or possessions without your permission. However, if they search your property and there was not probable cause to justify the warrantless search, any evidence they find may be inadmissible in future criminal proceedings.

Contact a Plano Criminal Defense Lawyer

If you or a loved one were charged with driving while intoxicated (DWI), drug possession, or another criminal offense, contact a Frisco criminal defense attorney at the Law Offices of Biederman & Burleson P.L.L.C. Call 469-333-3333 for a free, confidential consultation.

Source:

https://constitutioncenter.org/interactive-constitution/amendment/amendment-v