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What are my rights during a traffic stop?

What are my rights during a traffic stop?

August 14 2020


Traffic stops are incredibly common throughout the nation, but far too many drivers fail to understand their basic rights. Police are supposed to protect the rights of all citizens regardless of the traffic infraction, but unfortunately that’s not always the case. It’s important that every individual understands their rights when driving a car so that they can keep themselves and others safe. 

 

Silence – the fifth amendment guarantees this right to everyone, including drivers who have been pulled over. Regardless of the reason for the traffic stop you have the right to remain silent. The right to remain silent isn’t just for the driver—it’s also for the passengers. 

 

Lawyer – if you are arrested or it appears that the situation is growing more tense, you are within your rights to call a lawyer to represent you. We recommend calling us right away for assistance and protection. 

 

Searches – without a warrant, police can search your car if you give consent, if they’re able to see something in “plain view,” if you’ve been arrested, or if they have probable cause (such as seeing blood or weapons). Without something in obvious view or clear and reported probable cause, you do not have to allow a search of your car. 

 

Recording – recording videos of police officers has been a hot topic recently, and it’s important to cover. You are within your rights to record any traffic stop. You should comply with reasonable requests, such as showing your hands, and you cannot interfere or obstruct their actions. They cannot demand to see any photos or videos. 

Drive safely and make sure you’re always aware of your rights as a driver and passenger. If you run into any trouble, don’t hesitate to use our services to protect your rights and future.