AM I FREE TO GO?

Know Your Rights During a Traffic Stop

You have the right to remain silent.
You have the right to have an attorney present during questioning.

This applies at all times, including minor traffic stops.

According to www.lawfirms.com, “Many drivers are unaware or unsure at best of their legal rights prior, during, and following a stop with law enforcement.”[1]  Although rights vary by state, “there are certain motorist rights that are preserved at the federal level.”[2]

Most surprising to this author was this right, “Refusal to answer questions, although perhaps frustrating to law enforcement, is a right of drivers, so long as their refusal is not misconstrued as resisting arrest.” [3] “You have the fifth and sixth amendment to thank for that,”[4] according to www.associatedcontent.com .

Encouragingly “If you believe your rights were infringed upon by a law enforcement officer, you can request a consultation with an attorney in your area.”[5] Criminal harassment charges, civil damages, or citation for violation of constitutional rights are all possible outcomes if a traffic stop is used for a purpose other than enforcing traffic laws.

So, to summarize a few internet articles, here are some key rights to reserve during any traffic stop:

·        1. Be aware of your rights as a citizen

·        2. You may proceed to a safe area before stopping.

·        3. You do not need to answer any questions, just supply the standard documents.  The Right to Remain Silent fifth amendment applies at all times.

·        4. You only need roll down the window enough to pass documents.

·        5. It is unconstitutional for an officer to stop a person just to view their documents.

·        6. You have a right to request an officer to call his supervisor to come to the scene. [6]

To be a little more precisel:

“You are not obligated to answer any questions posed by the Police officer.”[7] Every article I consulted emphasized this primary right. You may “tell the officer you will not answer any questions without the advice of a lawyer. It is always better to err on the side of caution.”[8] A retired police officer recommends “do not admit to anything since what you say can be used in court.”[9] “Don’t lie”[10], but saying something like “I’m not really sure, officer”[11] is OK. You have a right to remain silent. Ask the officer if you are free to go after he views your documents.[12]

According to the same police officer, “If a police car is unmarked or it is at night you are within your rights to proceed to a service station or other safe area.”[13] You can drive to the nearest police station, for instance, and politely ask the officer to lead the way to the nearest precinct.

“The police officer usually will ask you to show the usual documentation, such as you’re your driver’s license, registration and proof of insurance. You don’t have to open the window more than a crack to hand it to the officer.  If the police officer ask you to roll down the window so that he may speak to you, you may tell him that you have nothing to say to him and ask him ‘AM I FREE TO GO?’”

From a pragmatic standpoint, the officer “Ask for just a warning. A please will usually result in at least a reduced fine that can be contested later.”

FYI—“In Delaware v. Prouse, 440 U.S. 648 (1979), the United States Supreme Court ruled that the police stopping vehicles for no reason other than to check the drivers’ license and registration was unconstitutional.”[14]

“A traffic stop is a temporary detention of a driver of a vehicle by police to investigate a possible crime or civil infraction.”[15] US Law requires a threshold of “reasonable suspicion that a crime has occurred.” [16]

Humorous anecdote:

By the way, there is no such thing as a DWN offense – “Driving while nubile.”  A traffic stop is not considered an appropriate first date.  Women, and men, have the right to invite their attorney to chaperone should the officer think otherwise.

Sources
www.associatedcontent.com
www.lawfirms.com
www.speedingticketcentral.com
www.wikipedia.org