Know Your Rights During a Traffic Stop

Nothing makes your stomach sink quite like the sight of flashing lights in your rearview mirror—even if it turns out the officer isn’t stopping you. If, however, you are stopped by a police officer while driving, here are a couple tips to make sure that your rights are respected and that the encounter goes as smoothly as possible.

Stay Calm

It’s hard to stay calm when you’re in a stressful situation like a traffic stop, but staying calm, polite and collected is an important way to make sure the stop is painless. You should, however:

• Keep your hands on the steering wheel
• Stay in your car unless you’re directed to get out
• Don’t reach under your seat or into your glovebox until and unless the officer asks to see your license, registration and insurance information

Know Your Rights

If the officer asks if he or she can search your vehicle, you can and should say no. If the officer is asking for permission, it means that he or she does not have probable cause to think that you have some kind of contraband in your vehicle. You don’t have to agree to a search, and the officer can’t use your refusal against you.

Ask the officer why you are being stopped, but don’t offer any information about why you think you might have been stopped. There are many reasons a police officer might conduct a traffic stop, and you don’t want to incriminate yourself by offering infractions you think you might have committed.

Ask if you’re being detained. You have the right to leave after you’ve shown the officer your license, registration and insurance information unless the officer intends to detain you. Ask the officer if you’re free to go, and if he or she doesn’t answer or deflects the questions, continue asking.

Tips for Navigating Traffic Stops

If you have a smartphone or other recording device handy, it’s a good idea to turn it on and tell the police officer that you are recording your encounter. This can protect you if there is a dispute about what exactly happened or was said during the traffic stop.

If there are items that you’re transporting that you would rather not have police see, keep them out of sight. While a police officer needs your permission or probable cause to search your car, he or she does not need either to simply look in the windows and see what’s on the seat. If something he or she sees on the seat gives him or her probable cause to search the car, the officer will be able to legally search the car.

The bottom line is that traffic stops can be stressful but don’t have to have lasting consequences, and can actually sometimes give you information about your vehicle that you didn’t know (for example, a broken taillight). However, it’s important to know your rights to make sure a simple traffic stop doesn’t come back to haunt you.

Were you charged with a crime as a result of a traffic stop? Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!