How to Treat Police Stops
Know when an officer has the right to stop you., Understand when an officer does not have the right to stop you., Look for a convenient place to pull over., Stay calm., Roll down your driver's side window., Move slowly as the officer approaches...
Step-by-Step Guide
-
Step 1: Know when an officer has the right to stop you.
Any type of moving violation (which includes driving an unsafe vehicle) is considered legal grounds for a stop.
Additionally, an officer can follow you and wait for you to commit a traffic violation. -
Step 2: Understand when an officer does not have the right to stop you.
A police officer cannot pull you over because of your age, race, or sex.However, this does not ever mean that you have the right to not stop.
You should always comply and treat the stopping officer with respect.
If the officer's conduct is ever questionable, you should raise any legal concerns at a later time. , Simply slowing down and activating your turn signal will usually be enough to indicate to the officer that you intend to pull over within reasonable distance.
When determining a location, there are a few additional things to consider.Try to find a close parking lot or wide shoulder of the road.
Many officers will appreciate the consideration.
Also, if it is dark and you are alone, some attorneys recommend that you drive to a well-lit area, such as a gas station, before stopping.Turn on your emergency flashers to show that you are acknowledging the officer's presence and that you intend to comply.
If you plan to drive until you find a safe place, you may want to dial 911 and let them know that you are being pulled over by a police officer and that you are driving until you find a well-lit safe place to pull over.
The 911 operator will communicate this information to the police officer.
For legal and safety reasons, you should dial with a hands-free device, or have a passenger dial for you. , Even though getting pulled over by a police officer is scary, you will be okay even if you get a traffic ticket.
Take a deep breath and remember that the officer is probably concerned for his or her own safety.
Even if you have been pulled over for no reason, do not fight with the police officer or act in a threatening or hostile manner.
Acting in this way can escalate the situation, and could cause the officer to arrest you or treat you as a threat. , You may also want to roll down any tinted windows.
Make sure to do so before the officer approaches the vehicle.
If it is dark, turn on your interior lights.
While this is not required by law, it will probably make the police officer feel more comfortable and additionally make it more likely that the officer will trust you.
If you are willing to let him or her see the inside of your vehicle, it makes it less likely that you are hiding anything. , The officer will watch you carefully to make sure you're not drawing a weapon or hiding something.
Do not reach for anything in the passenger compartment of your vehicle or under your seat.
Generally, you do not need to shut off your car engine unless you are asked to do so by the police officer.
Instead, you should place your car in park.
You can also shut off the ignition of your car while still keeping your keys in the ignition.
As the officer approaches, put your hands on the steering wheel where the officer can see them. , The officer will usually ask for your license and registration.
The officer is not obliged to tell you why he or she pulled you over before you comply.
When you move your hands, tell the officer that you are getting your license and registration.
If you’re in a dark area, the officer will likely follow your hands with a flashlight.
The officer can ask you for a valid driver's license.
However, the officer is not permitted to ask you for any citizenship documents.
If the officer does ask for these documents, continue to cooperate, but consider contacting a lawyer if you believe that you were profiled.
If you do not have a license or registration, the officer can arrest you for driving without them or can give you a ticket.
However, if you have a good excuse for not having a license or registration, the officer may allow you to show another form of picture ID to use to look you up.
What the officer does if you do not have the required documents is almost completely within his or her discretion.
Try never to drive without your car registration stored in your car and your driver's license with you.
While the officer checks your license and vehicle status via radio, keep your hands on the steering wheel. , If you believe that you have been pulled over for an illegal reason, you may respectfully ask the officer why you were pulled over.
Also pay attention to the following:
The way in which the officer treats you.
What kind of language does the officer use toward you? Is the officer's approach immediately hostile? What kinds of questions does the officer ask? For example, if the officer asks, “Do you have a weapon? Because your kind usually carry weapons,” that could be an indication that the police officer pulled you over for an impermissible reason (assuming, of course, that you did not commit a traffic violation).
How long the officer kept you stopped and what the outcome was.
Generally, the longer the officer kept you, the more likely it is that the officer pulled you over for a reason other than how you were driving.
For example, it may be more likely that the officer pulled you over illegally if he questions you for 25 minutes and then doesn’t give you a citation and never tells you definitively what law you broke. , Refusing to comply with an officer's orders will make you seem resistant or rebellious.
The officer may believe that he or she needs to use force to make you comply.
Save yourself the trouble and comply with all orders given to you.
However, you do not need to go out of the way to engage the officer in conversation.
Answer any questions you are asked directly and briefly, but do not feel like you need to ask the officer personal questions or go into detail explaining your actions.
For example, you do not need to explain in detail why you were speeding. , If you were pulled over for driving erratically, the officer may ask "Have you been drinking?" If you have not been drinking, you should tell the truth, but you may also want to tell the officer if you take medications or have an illness that can cause driving problems.
No matter your response, the officer can request that you participate in a field sobriety test.
Although a police officer cannot force you to take a breathalyzer test without first obtaining a search warrant, refusing to take the test is grounds for immediate arrest and license suspension.
If you do refuse the breathalyzer test and are arrested, you can be compelled to take the breathalyzer in jail if the officers get a warrant.
If the arresting officer testifies that you violated any traffic laws, he or she will easily obtain a warrant. , Under the Fourth Amendment to the Constitution, you have the right to be free from “unreasonable” searches and seizures.
Therefore, if you are stopped by the police, the officers are not permitted to search your car if doing so would be considered “unreasonable.”Usually, an officer may search your car if they have a search warrant or have probable cause to search.
Otherwise, you can say “no” when a police officer asks to search your car.
Since officers cannot always legally search, you should know when you are allowed to say that you do not consent to a search.
If the officer sees any illegal objects in plain view, he or she can search the part of the vehicle that the objects are in and arrest you if necessary.For example, if you have drugs in the passenger compartment of your car, an officer who sees the drugs can search the whole passenger compartment of the car.
Keep in mind that in the United States, moving vehicles are subject by law enforcement to search with probable cause after a traffic stop.
Probable cause may include observing occupants in suspicious activities and things that the officer can smell, see, or hear, such as safety violations, open containers, and items that could potentially appear to be weapons.
Once an officer has probable cause, your entire vehicle is subject to search.An officer may also search a vehicle if given permission.
However, if an officer asks you for permission to search your vehicle, you do not have to say yes.
Refusing to give consent for a search cannot be used by the officer as probable cause to search your vehicle.
However, if you do say no to a search, the officer may try to establish probable cause for the search by asking more questions and closely inspecting the areas of the vehicle that are in plain view.
Additionally, if you are arrested as a result of a possibly illegal search of your car, tell your attorney that you believe the search was illegal. , There is plenty of time later in traffic court to argue about your ticket.
Instead, thank the officer and remain in control of your emotions.
If you believe that you were pulled over for an illegal reason, or that the police officer did something that was illegal, do not address it with the officer while you are stopped.
Instead, try to get or remember the officer’s name for later.
If you believe that the officer did something illegal, you can contact an attorney and see if you have a case, or file a complaint with the county or state where the police officer is based. , If the police violated your rights, you can respond with a legal challenge later.
If you believe that you were illegally pulled over because the officer was engaged in profiling, contact an attorney or file a complaint against that police officer.
If you receive a ticket from the officer, his or her name and badge number should be listed on the ticket.
If you did not receive a ticket, try to find out the officer’s name by either looking for a name tag or asking directly.
You can also try to get the license plate number from the officer’s car. -
Step 3: Look for a convenient place to pull over.
-
Step 4: Stay calm.
-
Step 5: Roll down your driver's side window.
-
Step 6: Move slowly as the officer approaches.
-
Step 7: Allow the officer to take the lead.
-
Step 8: Consider the best way to respond.
-
Step 9: Comply with the officer’s directions.
-
Step 10: Know how to respond if the officer suspects you have been drinking.
-
Step 11: Understand when the officer can legally search your car.
-
Step 12: Do not argue with the officer.
-
Step 13: Find legal remedies after the stop.
Detailed Guide
Any type of moving violation (which includes driving an unsafe vehicle) is considered legal grounds for a stop.
Additionally, an officer can follow you and wait for you to commit a traffic violation.
A police officer cannot pull you over because of your age, race, or sex.However, this does not ever mean that you have the right to not stop.
You should always comply and treat the stopping officer with respect.
If the officer's conduct is ever questionable, you should raise any legal concerns at a later time. , Simply slowing down and activating your turn signal will usually be enough to indicate to the officer that you intend to pull over within reasonable distance.
When determining a location, there are a few additional things to consider.Try to find a close parking lot or wide shoulder of the road.
Many officers will appreciate the consideration.
Also, if it is dark and you are alone, some attorneys recommend that you drive to a well-lit area, such as a gas station, before stopping.Turn on your emergency flashers to show that you are acknowledging the officer's presence and that you intend to comply.
If you plan to drive until you find a safe place, you may want to dial 911 and let them know that you are being pulled over by a police officer and that you are driving until you find a well-lit safe place to pull over.
The 911 operator will communicate this information to the police officer.
For legal and safety reasons, you should dial with a hands-free device, or have a passenger dial for you. , Even though getting pulled over by a police officer is scary, you will be okay even if you get a traffic ticket.
Take a deep breath and remember that the officer is probably concerned for his or her own safety.
Even if you have been pulled over for no reason, do not fight with the police officer or act in a threatening or hostile manner.
Acting in this way can escalate the situation, and could cause the officer to arrest you or treat you as a threat. , You may also want to roll down any tinted windows.
Make sure to do so before the officer approaches the vehicle.
If it is dark, turn on your interior lights.
While this is not required by law, it will probably make the police officer feel more comfortable and additionally make it more likely that the officer will trust you.
If you are willing to let him or her see the inside of your vehicle, it makes it less likely that you are hiding anything. , The officer will watch you carefully to make sure you're not drawing a weapon or hiding something.
Do not reach for anything in the passenger compartment of your vehicle or under your seat.
Generally, you do not need to shut off your car engine unless you are asked to do so by the police officer.
Instead, you should place your car in park.
You can also shut off the ignition of your car while still keeping your keys in the ignition.
As the officer approaches, put your hands on the steering wheel where the officer can see them. , The officer will usually ask for your license and registration.
The officer is not obliged to tell you why he or she pulled you over before you comply.
When you move your hands, tell the officer that you are getting your license and registration.
If you’re in a dark area, the officer will likely follow your hands with a flashlight.
The officer can ask you for a valid driver's license.
However, the officer is not permitted to ask you for any citizenship documents.
If the officer does ask for these documents, continue to cooperate, but consider contacting a lawyer if you believe that you were profiled.
If you do not have a license or registration, the officer can arrest you for driving without them or can give you a ticket.
However, if you have a good excuse for not having a license or registration, the officer may allow you to show another form of picture ID to use to look you up.
What the officer does if you do not have the required documents is almost completely within his or her discretion.
Try never to drive without your car registration stored in your car and your driver's license with you.
While the officer checks your license and vehicle status via radio, keep your hands on the steering wheel. , If you believe that you have been pulled over for an illegal reason, you may respectfully ask the officer why you were pulled over.
Also pay attention to the following:
The way in which the officer treats you.
What kind of language does the officer use toward you? Is the officer's approach immediately hostile? What kinds of questions does the officer ask? For example, if the officer asks, “Do you have a weapon? Because your kind usually carry weapons,” that could be an indication that the police officer pulled you over for an impermissible reason (assuming, of course, that you did not commit a traffic violation).
How long the officer kept you stopped and what the outcome was.
Generally, the longer the officer kept you, the more likely it is that the officer pulled you over for a reason other than how you were driving.
For example, it may be more likely that the officer pulled you over illegally if he questions you for 25 minutes and then doesn’t give you a citation and never tells you definitively what law you broke. , Refusing to comply with an officer's orders will make you seem resistant or rebellious.
The officer may believe that he or she needs to use force to make you comply.
Save yourself the trouble and comply with all orders given to you.
However, you do not need to go out of the way to engage the officer in conversation.
Answer any questions you are asked directly and briefly, but do not feel like you need to ask the officer personal questions or go into detail explaining your actions.
For example, you do not need to explain in detail why you were speeding. , If you were pulled over for driving erratically, the officer may ask "Have you been drinking?" If you have not been drinking, you should tell the truth, but you may also want to tell the officer if you take medications or have an illness that can cause driving problems.
No matter your response, the officer can request that you participate in a field sobriety test.
Although a police officer cannot force you to take a breathalyzer test without first obtaining a search warrant, refusing to take the test is grounds for immediate arrest and license suspension.
If you do refuse the breathalyzer test and are arrested, you can be compelled to take the breathalyzer in jail if the officers get a warrant.
If the arresting officer testifies that you violated any traffic laws, he or she will easily obtain a warrant. , Under the Fourth Amendment to the Constitution, you have the right to be free from “unreasonable” searches and seizures.
Therefore, if you are stopped by the police, the officers are not permitted to search your car if doing so would be considered “unreasonable.”Usually, an officer may search your car if they have a search warrant or have probable cause to search.
Otherwise, you can say “no” when a police officer asks to search your car.
Since officers cannot always legally search, you should know when you are allowed to say that you do not consent to a search.
If the officer sees any illegal objects in plain view, he or she can search the part of the vehicle that the objects are in and arrest you if necessary.For example, if you have drugs in the passenger compartment of your car, an officer who sees the drugs can search the whole passenger compartment of the car.
Keep in mind that in the United States, moving vehicles are subject by law enforcement to search with probable cause after a traffic stop.
Probable cause may include observing occupants in suspicious activities and things that the officer can smell, see, or hear, such as safety violations, open containers, and items that could potentially appear to be weapons.
Once an officer has probable cause, your entire vehicle is subject to search.An officer may also search a vehicle if given permission.
However, if an officer asks you for permission to search your vehicle, you do not have to say yes.
Refusing to give consent for a search cannot be used by the officer as probable cause to search your vehicle.
However, if you do say no to a search, the officer may try to establish probable cause for the search by asking more questions and closely inspecting the areas of the vehicle that are in plain view.
Additionally, if you are arrested as a result of a possibly illegal search of your car, tell your attorney that you believe the search was illegal. , There is plenty of time later in traffic court to argue about your ticket.
Instead, thank the officer and remain in control of your emotions.
If you believe that you were pulled over for an illegal reason, or that the police officer did something that was illegal, do not address it with the officer while you are stopped.
Instead, try to get or remember the officer’s name for later.
If you believe that the officer did something illegal, you can contact an attorney and see if you have a case, or file a complaint with the county or state where the police officer is based. , If the police violated your rights, you can respond with a legal challenge later.
If you believe that you were illegally pulled over because the officer was engaged in profiling, contact an attorney or file a complaint against that police officer.
If you receive a ticket from the officer, his or her name and badge number should be listed on the ticket.
If you did not receive a ticket, try to find out the officer’s name by either looking for a name tag or asking directly.
You can also try to get the license plate number from the officer’s car.
About the Author
Deborah Davis
Dedicated to helping readers learn new skills in practical skills and beyond.
Rate This Guide
How helpful was this guide? Click to rate: