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What Are Your Rights If You Get Pulled Over?

30 March 2016 by Daryl Young

Have you ever wondered what you're allowed to do if pulled over by the police? There are a series of things that have to happen in order for you to be legally detained by the law. With the controversy surrounding this topic, it is imperative to know what is right and wrong.

Probable Cause

These two words are the most important to consider when you get pulled over. The officer who pulled you over is required to have probable cause. They are not allowed to pull you over to conduct a search for probable cause. You have to have committed an illegal act (like speeding) for them to legally pull you over and detain you.

Your Rights

You have the right to stay in the vehicle, as long as the officer doesn't directly see any violations (drugs or weapons) through your windows. If they feel they are in danger because of something they see, you must exit the vehicle per their order.

You can ask if you are free to go if you have not been arrested after being stopped. If the officer says yes, calmly walk back to your vehicle and drive carefully away.

Search Warrants

If you are pulled over for committing a violation of the law, you do not have to let the officer search your car. It is your right to keep your doors locked and trunk close until you give permission to search the vehicle. The officer needs a search warrant to force a search. Without a warrant, your vehicle can only be searched if:

1. You give consent.
2. The officer sees illegal substances in plain view.
3. You are arrested with probable cause.
4. The officer believes the evidence in the vehicle is about to be destroyed.
5. The officer sees enough evidence to have probable cause to suspect you of a crime.

If You Are Arrested

If you are pulled over and arrested, you are entitled to exercise your rights as a U.S. citizen. You have the right to remain silent for as long as you want, as anything you say can (and will) be used against you if your case is brought to court. You also have the right to a lawyer and should ask for one immediately.

In situations like these, it is always best to use your smartest judgement and act calmly. The more respectful and compliant you are, the more likely the officer is to be both lenient and understanding. Always think before you act, and it is better to ask before taking action. If you need a licensed lawyer for your case, visit Lawyer Referral Service of Central Texas.

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