The police can stop vehicles if they suspect that a driver is violating a traffic law. If the police find supporting evidence, they could ticket or arrest the driver. However, drivers have some rights that can protect them from criminal charges.
If you are pulled over by the police while driving, it may help to understand your legal rights. Here is what you should know:
Learn about 3 major constitutional rights
To enforce your legal rights, you need to learn about the laws that protect you during a traffic stop. Under the Constitution, U.S. citizens have certain rights that they can enforce. These rights include:
- First Amendment: You have the right to record the police during traffic stops. However, this right is limited if recording the police interferes with their duties. Recording the police could make them accountable for their actions if they abuse their power. A recording could be a strong form of evidence during a criminal trial.
- Fourth Amendment: The police may search your vehicle during a traffic stop. However, you are protected from unreasonable searches. The police generally need to have your permission to search your vehicle. Otherwise, they need to acquire a search warrant, make the search incident to a lawful arrest or have reasonable suspicion of criminal activity in order to proceed.
- Fifth Amendment: You may be asked questions during a traffic stop. These questions could be used against you during a criminal trial, even if your answers do not appear to be self-incriminating. You can protect yourself by pleading the Fifth. This gives you the right to remain silent and avoid answering any questions.
You also have the right to legal guidance if you are ticketed or arrested during a traffic stop – and that’s worth remembering.
