When pulling over a motorist, police are required to follow strict protocols designed to protect your constitutional rights. Unfortunately, drivers without a background in criminal law are often unaware of their rights and may not even realize they’ve been violated. If the officer failed to respect your rights, your defense attorney may be able to have improperly collected evidence dismissed.

5 Important Rights of Motorists Pulled Over by Police

1. The Right to Remain Silent

The right to remain silent doesn’t begin when you’re being detained. In fact, you’re never obligated to answer an officer’s questions about where you’ve been or your current destination. Other than providing your driver’s license and insurance information on request, it’s usually in your best interests to avoid answering further questions.

2. Protection From Random Stops

Police can’t stop a car for no reason, unless they’re conducting a checkpoint with strict protocols. To pull you over, they must have probable cause that you’ve committed a crime, such as speeding, erratic driving, or a broken tail light.

3. The Right to Refuse Searches

Criminal law also limits an officer’s ability to search your vehicle. Unless they have a warrant or probable cause to believe you’ve committed a crime, they must get your consent before conducting a search. If they ask, you’re perfectly within your rights to refuse.

4. The Right to Stay in Your Vehicle

The police officer may ask you to get out of the vehicle to ensure you don’t have access to a weapon. While refusing may irritate the officer, you’re not required to get out of the car unless you’re being detained.

5. The Right to Film Police

Having a record of your interaction with police may help your criminal law attorney build a defense if you are placed under arrest. Everyone has the right to record interactions with police, but filming shouldn’t interfere with police activities, so it’s best to keep your phone on the dashboard or out of the way somewhere.

If you’ve been pulled over in Cincinnati, OH, the legal team at O'Connor, Mikita & Davidson will protect your rights through every step of the process. With over 20 years of criminal law experience, they have the resources and knowledge to craft solutions tailored to your unique situation. Visit their website for more information on their criminal law services, or call (513) 793-5297 to discuss your case and arrange a consultation.