Protecting your legal rights during a traffic stop is crucial. If you do not enforce your rights, you could face serious criminal charges.
There are three rights you can exercise during a traffic stop if the police ask you questions, want to search your vehicle or abuse their power. Here is what you should know:
1. You do not have to tell the police anything
The police may ask you questions to gather evidence. These questions could inquire about where you were driving from, if you were drinking or if you know why you are being pulled over. Under the Fifth Amendment, you have the right to remain silent. Remaining silent can protect you from self-incriminating comments that could be used against you in court.
2. The police must have a reason to search your vehicle
The police could search your vehicle for incriminating evidence, such as weapons, drugs or open bottles of alcohol. Under the Fourth Amendment, you are protected from unreasonable search and seizure. In other words, the police must have a legal reason to search your car. For example, they could be given permission, acquire a search warrant or make a lawful arrest before searching your vehicle.
3. You can record the police
To hold the police accountable for their actions, you could record them. Under the First Amendment, you have the right to record the police as long as it does not interfere with their duties. If the police violate your legal rights, a video recording could be presented during a court hearing as a defense.
You may need to reach out for legal guidance to protect yourself from criminal charges after a traffic stop.
