Things to Avoid Doing During a Traffic Stop
Being pulled over by law enforcement for a traffic stop is an intimidating experience. It may seem as though the police officer has all of the power and there is nothing you can do but comply with their instructions. Although it is true that police officers have a great deal of authority, you also have certain rights during these stops. Along with knowing the most important steps to take, it is also critical to understand the things to avoid so you do not forfeit your rights. Below, our Indianapolis criminal defense lawyer explains what these are.
Do Not Exit Your Vehicle
Unless the police officer explicitly tells you to exit your vehicle, do not get out of your vehicle. Doing so without being told can be viewed as a form of aggression or an attempt to resist law enforcement. Both of these can have very serious consequences. Always remain inside of your car and keep your hands on the steering wheel where the officer can clearly see them.
Do Not Make Any Sudden Movements
If you make any sudden movements, the police officer may think that you are trying to hide evidence, or they may interpret your actions to be a threat. This can escalate the situation and result in grave consequences. Keep your hands on the steering wheel throughout the entire interaction. If you have to reach into your wallet, glove compartment, or purse to retrieve your driver’s license and other important documentation, always tell the officer what you are doing first.
Do Not Refuse to Provide Required Documents
If a police officer asks you for your driver’s license, proof of insurance, or vehicle registration, you are obligated under the law to provide them. If you refuse to provide these documents or identify yourself, it can lead to separate criminal charges, which can complicate your case in the future.
Do Not Consent to a Search
Police officers typically require a warrant before they can conduct a search. However, there are certain exceptions to this law when the property is your vehicle and the search would be conducted as part of the stop. Still, just because an officer has pulled you over does not mean they have the right to search your car. If you consent to a search, however, you waive your rights under the Fourth Amendment and a warrant is no longer required. Never provide consent to a search of yourself or your vehicle.
Do Not Provide More Than Basic Information
You will have to provide the officer with basic information, such as your name. You do not have to answer questions, though, about whether you have been drinking or other details that could be used against you. You have the right to remain silent and it is important you exercise that right to protect your case.
Our Criminal Defense Lawyers in Indianapolis Can Help After a Stop
At Rigney Law, LLC, our Indianapolis criminal defense lawyers can review the facts of your case, including what happened at the traffic stop, determine if your rights were violated, and build the defense you need to obtain the most favorable outcome. Call us today at 317-623-0989 or contact us online to schedule a consultation.
Source:
law.justia.com/codes/indiana/title-35/article-44-1/chapter-3/section-35-44-1-3-1/