There is a recent News and Observer article on what motorists should do during a traffic stop (based upon DMV guidelines). Motorists should certainly follow these guidelines to ensure everyone’s safety during a traffic stop.
A separate issue is what individuals should know regarding potential legal issues relating to a traffic stop. When police pull over an individual for a traffic violation, the individual usually receives a citation. In some instances, the traffic stop could lead to an arrest for DWI, drug possession, or some other offense. Here are some important points to keep in mind for traffic stops.
Basis of Traffic Stop
A law enforcement officer may initiate a traffic stop if the officer has reasonable suspicion to believe that someone has committed a traffic offense. For example, as is common, the officer could stop someone for speeding, running a stop sign, or running a red light. In addition, the officer could stop someone after determining that a tag is expired.
When You See Blue Lights Behind You
If an officer turns on his/her blue lights, then you should pull over in a safe location. Stay in your vehicle, do not make any sudden movements, and keep your hands on the steering wheel. When the officer approaches the vehicle, follow the officer’s instructions to produce your driver’s license and registration. In addition, immediately inform the officer of any weapon that is in the vehicle and produce any permit (e.g. concealed handgun permit) associated with the weapon.
Polite and Cooperative
It is very important to be polite and cooperative with the officer at all times. When the case gets to court (e.g. speeding), the prosecutor may ask the officer if the defendant was polite and cooperative before deciding whether to offer the defendant a reduction. You want the officer to answer “yes” to the prosecutor’s inquiry about your conduct during the traffic stop. Thus, remain respectful regardless of the situation.
What if you disagree with the officer?
Your attorney can address any issue in court. If you believe that an officer was wrong about what he/she saw that led to the stop or you believe that an officer violated your rights, then your attorney can raise these issues before the judge. A person who acts in a belligerent or disrespectful manner on the scene is not helping his/her situation. If you begin feeling upset or angry on the scene, stay calm and explain the situation to your attorney at a later time.
Right to Remain Silent
You have the right to remain silent at all times. The Fifth Amendment protects each person from self-incrimination. However, an officer is not required to read someone his or her Miranda rights before asking basic questions (e.g. “Have you been drinking?”) during a routine traffic stop unless the person is in custody.
Vehicle Search
An individual can decide whether to consent to an officer’s request to search a vehicle. In general, regardless of whether a person gives consent, an officer who smells a strong odor of marijuana coming from a vehicle has sufficient probable cause to search the vehicle. Law enforcement may also search a vehicle following a drug dog’s alert on the vehicle. Further, an officer who, upon approaching a vehicle, sees contraband in plain view has sufficient probable cause to search the vehicle.
Length of Stop
In Rodriguez v. United States, 135 S. Ct. 1609 (2015), the United States Supreme Court held that a law enforcement officer may not extend a traffic stop without reasonable suspicion. For example, an officer who writes a speeding ticket and gives the ticket to the driver (thereby ending the traffic stop) cannot prolong the stop by then having a drug dog sniff around the vehicle unless the officer already has reasonable suspicion to believe that someone is engaging in drug activity.
***NOTE: This information does not create an attorney/client relationship for a specific case nor does it constitute legal advice for any specific case or situation. It is for informational purposes only. With questions, please contact Weede Law, PLLC at (919) 882-6168 for a free initial consultation.