Noticing police lights in your rearview mirror can quickly put a damper on your mood. Encounters with law enforcement have the potential to be very stressful and unnerving. It can be difficult to remain calm even if you live your life by the letter of the law. However, understanding your rights during a traffic stop can help alleviate some of the anxiety you may feel when an officer approaches your vehicle.
Remain silent
Sometimes talking too much can get you into trouble. Fortunately, you do have the right to remain silent when an officer pulls you over. This means that you are not legally required to answer any questions that the police ask you. If, for example, the officer asks where you are traveling to, you have the option to respond by stating that you are exercising your right to remain silent.
Keep in mind, however, that this may not always be the best course of action. You may receive better results by offering concise responses that do not provide incriminating details. Choosing to remain silent is not an admission of guilt, but it may suggest to the officer that you have something to hide.
Decline a search request
There are very few positive results that may come from an officer conducting a search of your vehicle. If an officer requests to search you or your car, you are not legally required to give consent. You may calmly respond to the question by stating that you do not grant permission to a search. This may not necessarily prohibit the officer from conducting a search but objecting to the request will help preserve your rights in a legal proceeding.
The police may only legally search your vehicle without a warrant under the following circumstances:
- Officer receives consent from the driver
- Officer has probable cause to suspect a crime
- Illegal substance is in plain view
Record the encounter
Recording police encounters is a relatively new practice. It has become more prevalent now that most people have access to recording devices on their cell phones. Additionally, many people have taken an interest in recording police officers in order to hold them accountable for unlawful actions. This is a choice that is within your rights, but you should handle the situation delicately.
Attempting to hide the fact that you are recording could rub the officer the wrong way or make him or her feel challenged. This could unnecessarily escalate the situation. Instead, let the officer know that you will be recording the encounter and explain why.
