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When you see the flashing lights of a police car behind you, you may feel a wave of panic set in. As your mind races to think of a reason for being stopped, think like an attorney and know your rights. Here are several rights to keep in mind if you’re pulled over by a police officer.

What Rights Do You Have When Pulled Over

1. Refuse to Have Vehicle Searched

If an officer asks to search your car, you can always say no. If you do, they’ll need a warrant to proceed with their inspection, although there are a few exceptions. If the officer sees an open can of alcohol, drugs or other illegal substances, a search can be conducted without your consent. Your vehicle can also be searched if a crime was recently committed and you fit the description of the suspect.

2. Stay in the Vehicle

attorneyDrivers are also allowed to stay in their vehicle even if an officer has asked them to step out. However, some attorneys advise against refusing to exit as it may cause suspicion. You can ask the officer the reason for the request, which they must provide, but it might be it might be best to keep things calm by getting out of the car when asked.

3. Film the Stop

You also have the right to film the traffic stop. Many police departments are even requiring body and dashboard cameras as a visual record in the event of an incident. If you plan on filming the exchange, let the officer know what you’re doing beforehand. Keep your phone visible at all times, and don’t let it interfere with the officer’s investigation.   

4. Remain Silent

While you must answer the officer’s basic questions, like asking for your identification, you are legally allowed to remain silent during a traffic stop. If a police officer asks where you’re coming from or headed, or if you know how fast you were going, it’s your legal right to stay silent. Attorneys also suggest deescalating the situation by saying, “I choose not to answer that question.” This calm response maintains respect for the officer while avoiding self-incrimination.

 

Knowing your rights not only eases tension during a traffic stop, but it’ll also be useful to your attorney if the incident leads to a legal dispute. The Law Office of Mike Hamilton in Columbia, MO, is a strong advocate for knowing your rights and is ready to help. As a former District Public Defender for nearly 20 years, Attorney Hamilton has extensive experience defending a variety of cases. If you need legal advice on traffic violations, DUIs, drug possession, or felony charges, he will fight for your rights. Give him a call (573) 825-5698 or visit the website to schedule a free consultation.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

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