welcome to elawyers.us
Elawyers Elawyers
Washington| Change
  1. Home
  2. Learn about Law
  3. Traffic Laws
  4. Traffic Stops
Many motorists will be pulled over by a police officer at least once in their lives, perhaps at a DUI checkpoint or as the result of a speed trap. While traffic stops often are carried out for relatively minor violations such as speeding or running a red light, it's important for citizens to understand the Fourth Amendment right against unlawful search and seizure and other aspects of the law pertaining to traffic stops.

Getting Pulled Over

A traffic stop can be stressful and emotional, but some simple considerations can help reduce the chance of trouble and prevent new issues from arising. When you are pulled over you should do so safely and quickly, letting the officer know that you are complying. Use your signal and pull onto the shoulder as far as you can. It is important to remain calm and polite, even if the police officer is not.

After you have come to a stop you should roll down your window, turn off the car engine, and place your hands on the steering wheel. Turn on the interior light, if it is night, and do not retrieve documents until you are asked to do so. Rummaging in the glove box or elsewhere as the officer approaches may be interpreted as an attempt to stash contraband or retrieve a weapon.

Stay in the car unless the officer asks you to get out of the vehicle. If you exit the vehicle before being asked the officer may think you are getting ready to flee or fight. If you are asked to exit the vehicle do so calmly and carefully. The officer may pat you down for a weapon and remove a suspicious object.

It is generally best to let the officer do most of the talking and to avoid incriminating yourself. It may be important to be polite, but staying silent is a right and is better than incriminating yourself.

Vehicle Searches

In some situations the police will want to search your vehicle. They are not permitted to do this during most traffic stops. A police officer needs a valid reason to search a vehicle, or the permission of the driver. If the officer sees you hide or throw an item they may search your car. Hunching down in your seat may make them think you are hiding something. The officer can frisk you if they have a reason to think you are armed, dangerous, or involved in criminal activity.

A police officer can search your vehicle if they have probable cause to believe you or your passengers are involved in criminal activity. The "plain view" doctrine permits a search where contraband or other evidence of criminality is in plain view. Open alcohol containers, drug paraphernalia, and other items out in the open can result in a search of your vehicle. If you or any passenger in the car is arrested the vehicle may be searched. If you are arrested the car will be towed and an "inventory" search of the contents may be conducted without any other proof of wrongdoing.

If an officer asks to search your car without a warrant you may refuse or simply remain silent. You should avoid arguing with the officer, but you should also not agree to the search. If you agree the search is lawful, but unless there was probable cause for the search any evidence an officer uncovers searching a vehicle without consent is excluded from court and cannot be used to convict you.

Read more

Recent Topics

  • Are DUI Checkpoints Legal?
    Created by FindLaw's team of legal writers and editors.

    The U.S. Supreme Court has held that DUI checkpoints are a valid law enforcement method. Learn about the Court’s reasoning behind the decision and how probable cause applies to DUI checkpoint stops.

  • Can I Challenge Radar Gun Evidence in Court?
    Created by FindLaw's team of legal writers and editors.

    While radar guns are useful tools for detecting vehicles exceeding the speed limit, they have their weaknesses. Learn about how radar guns work, how to challenge radar gun evidence in court, and the new light detection and ranging technology.

  • Can the Police Set Up Roadblocks for Any Reason?
    Created by FindLaw's team of legal writers and editors.

    Law enforcement agencies can set up roadblocks for “special needs” beyond the normal need for law enforcement. This article explains the special situations in which a roadblock may be used, like border security and drunk driving checkpoints.

  • Getting Pulled Over

    You're driving and you see that a police officer's car has its lights flashing behind you. You hope the officer is just trying to get around you, but the officer shines his spotlight on you, and you know you're getting pulled over. While drivers all ...

  • Police Traffic Stops and Vehicle Searches: FAQs
    Created by FindLaw's team of legal writers and editors.

    Frequently asked questions about police traffic stops and vehicle searches. Find answers to your questions about what to do if you are pulled over, whether police can search your car, and what happens if your car is impounded.

  • Traffic Arrest FAQ
    Created by FindLaw's team of legal writers and editors.

    A collection of common questions about traffic arrests. Find answers to your questions about the procedures police must follow while making an arrest, what happens once you’re in custody, and your right to an attorney.

  • Traffic Stops and Roadblocks
    Created by FindLaw's team of legal writers and editors.

    Resources on police traffic stops and road blocks. Find information on when roadblocks are appropriate, whether DUI checkpoints are legal, how to challenge radar gun evidence, and more.

  • Vehicle Search and Seizure
    Created by FindLaw's team of legal writers and editors.

    Under certain conditions, a police officer can conduct a search of your vehicle without a warrant. Learn about when vehicle searches are legal, the “plain view” doctrine, and how a frisk differs from a search.

  • Vehicle Searches

    You might have wondered if a police officer can search your car anytime you're pulled over. Well, under the Fourth Amendment to the U.S. Constitution, there are limits to when an officer can search your car. The Fourth Amendment protects individuals ...

  • What to Do During Traffic Stops
    Created by FindLaw's team of legal writers and editors.

    A guide to what you should do after being pulled over for a traffic stop. This article provides information about the things you should do and the things you should avoid doing during each step of a traffic stop.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer