Know Your Rights if You're Pulled Over
Posted on Jan 15, 2015 9:05am PST
Many people experience anxiety when being pulled over. Often, suffering
from anxiety can make it difficult to think clearly. However, it's
important to remain calm during a traffic stop and remind yourself of
your legal rights. If the traffic stop leads to the issuance of traffic
tickets or an arrest contact an experienced
criminal lawyer in Mineola as soon as possible.
You Have the Right to Pull Over Safely
Many people mistakenly assume that they must pull over as soon as they
see flashing lights in their rear view mirrors. And indeed, when you pull
over promptly, you're sending a message to the police officer that
you're being cooperative. However, if it is not safe for you to pull
over immediately, you should wait until you arrive at a safe area along
the road. Indicate to the police officer that you intend to cooperate
by putting on your turn signal and by driving no faster than the speed limit.
There Must be Probable Cause
Criminal law dictates that police officers cannot pull you over without
having probable cause. They must cite a particular reason, such as having
a broken taillight or the illegal use of excessive speed. It does not
matter if the police officer decides to avoid giving you a ticket and
let you off with a warning. They should also take notes about the traffic
stop, which would indicate the reason for pulling you over.
There Are Restrictions on Car Searches
Even if a police officer does have
probable cause to pull you over, he or she cannot automatically search your car. There are only a few
circumstances under which a police officer has that right. He or she may
have a search warrant that includes your vehicle, you might provide your
consent for the search, or the officer might notice contraband in plain
view. Probable cause might also stem from non-illegal issues, such as
the combination of having noticeable injuries and damage to your car.
Additionally, if a police officer has probable cause to arrest you, he
or she has the right to search your car. Bear in mind that if the police
officer does not have a warrant or probable cause, you have the right
to refuse the search.