What Are My Rights When Stopped by the Police?

If the police stop you, you have rights guaranteed by the Fourth Amendment to the U.S. Constitution. Knowing your rights will prepare you for a police encounter and help avoid escalating the situation or jeopardizing your freedom. You should also know what information to document about police encounters to help prove your case if officers violate your civil rights.

If you have questions about your rights during a police stop, talk to a civil rights attorney for legal advice.

Understanding the Fourth Amendment and Police Stops

The Fourth Amendment to the U.S. Constitution protects people in the United States against unreasonable searches and seizures. Generally, a police officer must have probable cause backed with a search warrant to perform a search and seize items.

Criminal charges can be dismissed if traffic stops are conducted in violation of person’s constitutional rights. If a police officer conducts a search or seizure without probable cause, a search warrant, or the owner’s consent, items that could be evidence of a crime may be inadmissible in court.

The Plain View Exception

The plain view doctrine allows police officers to search and seize incriminating items they can see in your vehicle. For example, if the police stop you for running a red light but you have an open container of alcohol in the cupholder, an officer can act without a search warrant.

Reasonable Suspicion for Stop and Frisk

When it comes to stop and frisks procedures, the U.S. Supreme Court established in Terry v. Ohio (1968) that police can do a brief stop and frisk based on reasonable suspicion.

There is no clear standard for reasonable suspicion. It requires more than mere speculation but doesn’t rise to the level of probable cause, which is required for arrests. Generally, the police officer must be able to give reasonable inferences based on specific facts as to why they suspected the person’s involvement in criminal activity and thought a pat down was necessary. The reasonable suspicion standard aims to balance a person’s right to privacy with law enforcement’s need to investigate potential criminal activity.

Use of Force

When can police officers use firearms in a police stop or arrest?

“Police are only authorized, by law, to use firearms in circumstances where they are in imminent danger of death or serious bodily injury themselves,” says Tom Rice, a Denver civil litigation attorney. Most often, says Rice, police use techniques like arm or wrist locks that don’t involve weapons whatsoever. It’s when arrest situations escalate that sprays, batons, Tasers, or firearms may become involved.

Your Rights During a Police Stop

When a police officer stops a vehicle, they do so seeking more information. Aside from providing your driver’s license, vehicle registration, and proof of insurance if asked, you do not have to answer questions.

The officer may ask to search your car, but you do not have to consent. If you do consent to the search, the officer can search the entire vehicle; if you don’t, the officer could take steps to obtain a search warrant.

Arrests and Miranda Rights

A police officer can make an arrest at a traffic stop if they have probable cause that a crime has been committed. The officer must read your Miranda rights once you are in police custody and before interrogating you. Miranda rights include the right to remain silent and the right to an attorney before questioning.

Once you invoke your Miranda rights, police questioning must stop. However, if you continue talking, the police can use any information you divulge against you. If you ask for a lawyer, the police can’t listen in on the phone call.

“The primary question to remember is: Am I free to leave?” says Qusair Mohamedbhai, a civil rights attorney in Denver, Colorado. “If the answer is no, your next question should be: May I speak to an attorney?”

Immigration Stops

During an immigration stop, you have the right to remain silent and not discuss your immigration status with immigration agents, police, or other officials. Anything you say can be used against you in immigration court. If you are not a U.S. citizen and an immigration agent requests your immigration papers, you are generally required to show them if you have them.

How To Handle Traffic Stops: Do’s

Getting stopped by the police is a stressful experience. Below are steps to take during a traffic stop to help ensure a peaceful and smooth encounter:

1. Stay calm
2. Be respectful and cooperative
3. Answer questions honestly and accurately
4. Keep both of your hands where the officer can see them, such as the car’s steering wheel
5. Know your rights, including when to remain silent and when to refuse a search of your vehicle
6. Ask to see the officer’s badge if you have doubts about their identity

After the traffic stop, follow any instructions provided with the written complaint for the traffic violation, such as directions for contesting the citation if you believe it was unfair or inaccurate.

How To Handle Traffic Stops: Don’ts

There are things you should never do during a police stop:

1. Make sudden moves, such as running, resisting, or obstructing the officers
2. Provide false documents if asked for your driver’s license or proof of insurance

“You might as well lie like a possum — be as still as possible, as non-confrontational; don’t threaten verbally; don’t be self-righteous,” says John Holland, founder of Denver civil rights firm Holland, Holland Edwards & Grossman.

If you wish to remain silent, make it clear. You do not need to answer questions about where you’ve been or where you’re going. You can exercise your right to remain silent.

What To Do If Your Rights Are Violated

Documenting your encounter with police is vital if a law enforcement officer violated your rights. If you believe your rights are violated, do the following:

• Write down everything you remember about the encounter as soon as possible, including the officer’s name, badge number, patrol car number, and any other details
• If there are any witnesses, get their contact information.
• Seek medical attention if you were injured during the police stop.
• As soon as you are able, file a written complaint with the internal affairs division of the officer’s police department.

You can always get legal help from an experienced attorney.

Recording Police Encounters

With the rise of smartphones and social media, more people are recording traffic stops. Federal courts have ruled that people have a First Amendment right to record police officers carrying out their duties in public. However, you can’t interfere with the officer’s ability to perform their duties.

“There is all this talk about cameras and police cars, but nobody ever seems to have cameras on,” says Criminal defense and personal injury lawyer Anthony Viorst. “So, if you can record a situation, that is good, because a lot of times it’s your word against the cop’s. These cases are much better when there are non-police officer witnesses. Usually, it’s just the cop and the victim, or multiple cops and the victim.”

If you decide to record your traffic stop, be polite and honest about it. Use an app or phone settings to automatically upload the recordings to a cloud drive. That way, you have a backup copy of the interaction that isn’t located on your phone. Keep the video with any additional documentation about the date, time, location, and details of the stop.

Find Legal Help

If you feel that a law enforcement officer violated your rights during a traffic stop, talk to an experienced civil rights defense attorney. They can evaluate your claim and help you determine your next steps.