Handle Police Stops

You are driving down the road when all of a sudden, a police officer activates his lights and siren to stop you. You may feel scared and nervous about how to interact with the police officer. By following certain procedures, you can potentially avoid a routine stop from turning into an unnecessary arrest or shooting.

Steps

Handling a Routine Traffic Stop

1. Know when an officer has the right to stop you. Any type of moving violation (which includes driving an unsafe vehicle) is considered legal grounds for a stop. Additionally, an officer can follow you and wait for you to commit a traffic violation.
2. Understand when an officer does not have the right to stop you. A police officer cannot pull you over because of your age, race, or gender. However, this does not ever mean that you have the right to not stop. You should always comply and treat the stopping officer with respect. If the officer's conduct is ever questionable, you should raise any legal concerns at a later time.
3. Look for a convenient place to pull over. Simply slowing down and activating your turn signal will usually be enough to indicate to the officer that you intend to pull over within reasonable distance. When determining a location, there are a few additional things to consider.
   • Try to find a close parking lot or wide shoulder of the road. Many officers will appreciate the consideration.
   • Also, if it is dark and you are alone, some attorneys recommend that you drive to a well-lit area, such as a gas station, before stopping. Turn on your emergency flashers to show that you are acknowledging the officer's presence and that you intend to comply. If you plan to drive until you find a safe place, you may want to telephone your locations emergency number, e.g. 911 or 999. and let them know that you are being pulled over by a police officer and that you are driving until you find a well-lit safe place to pull over. The emergency services operator will communicate this information to the police officer. For legal and safety reasons, you should dial with a hands-free device, or have a passenger dial for you.
4. Stay calm. Even though getting pulled over by a police officer can be scary, you will be okay even if you get a traffic ticket. Take a deep breath and remember that the officer is probably concerned for his or her own safety. Even if you have been pulled over for no reason, do not argue with the police officer or act in a threatening or hostile manner. Acting in this way can escalate the situation, and could cause the officer to arrest you or treat you as a threat.
5. Roll down your driver's side window. You may also want to roll down any tinted windows. Make sure to do so before the officer approaches the vehicle.
   • If it is dark, turn on your interior lights. While this is not required by law, it will probably make the police officer feel more comfortable and additionally make it more likely that the officer will trust you. If you are willing to let him or her see the inside of your vehicle, it makes it less likely that you are hiding anything.
6. Move slowly as the officer approaches. The officer will watch you carefully to make sure you're not drawing a weapon or hiding something. Do not reach for anything in the passenger compartment of your vehicle or under your seat.
   • Generally, you do not need to shut off your car engine unless you are asked to do so by the police officer. Instead, you should place your vehicle in park or neutral.
   • You can also shut off the ignition of your car while still keeping your keys in the ignition. As the officer approaches, put your hands on the steering wheel where the officer can see them.
7. Allow the officer to take the lead. The officer will usually ask for your license and registration. The officer is not obliged to tell you why he or she pulled you over before you comply. When you move your hands, tell the officer that you are getting your license and registration. If you’re in a dark area, the officer will likely follow your hands with a flashlight.
   • The officer can ask you for a valid driver's license. However, the officer is not permitted to ask you for any citizenship documents. If the officer does ask for these documents, continue to cooperate, but consider contacting a lawyer if you believe that you were profiled.
   • If you do not have a license or registration, the officer can arrest you for driving without them or can give you a ticket. However, if you have a good excuse for not having a license or registration, the officer may allow you to show another form of picture ID to use to look you up. What the officer does if you do not have the required documents is almost completely within his or her discretion. Try never to drive without your car registration stored in your car and your driver's license with you.
   • While the officer checks your license and vehicle status via radio, keep your hands on the steering wheel.
8. Consider the best way to respond. If you believe that you have been pulled over for an illegal reason, you may respectfully ask the officer why you were pulled over. Also pay attention to the following:
   • The way in which the officer treats you. What kind of language does the officer use toward you? Is the officer's approach immediately hostile? What kinds of questions does the officer ask? For example, if the officer asks, “Do you have a weapon? Because your kind usually carry weapons,” that could be an indication that the police officer pulled you over for an impermissible reason (assuming, of course, that you did not commit a traffic violation).
   • How long the officer kept you stopped and what the outcome was. Generally, the longer the officer kept you, the more likely it is that the officer pulled you over for a reason other than how you were driving. For example, it may be more likely that the officer pulled you over illegally if he questions you for 25 minutes and then doesn’t give you a citation and never tells you definitively what law you broke.
9. Comply with the officer’s directions. Refusing to comply with an officer's orders will make you seem resistant or rebellious. The officer may believe that he or she needs to use force to make you comply. Save yourself the trouble and comply with all orders given to you.
   • However, you do not need to go out of the way to engage the officer in conversation. Answer any questions you are asked directly and briefly, but do not feel like you need to ask the officer personal questions or go into detail explaining your actions. For example, you do not need to explain in detail why you were speeding.
10. Know how to respond if the officer suspects you have been drinking. If you were pulled over for driving erratically, the officer may ask "Have you been drinking?" If you have not been drinking, you should tell the truth, but you may also want to tell the officer if you take medications or have an illness that can cause driving problems. No matter your response, the officer can request that you participate in a field sobriety test or a road-side breath test. Be aware a US police officer cannot force you to take a breathalyzer test without first obtaining a search warrant, refusing to take the test is grounds for immediate arrest and license suspension. Other countries have different rules.
    • If you do refuse the breathalyzer test and are arrested, you can be compelled to take the breathalyzer in jail if the officers get a warrant. If the arresting officer testifies that you violated any traffic laws, he or she will easily obtain a warrant.
11. Understand when the officer can legally search your car. In the USA, under the Fourth Amendment to the Constitution, you have the right to be free from “unreasonable” searches and seizures. Therefore, if you are stopped by the police, the officers are not permitted to search your car if doing so would be considered “unreasonable.” Usually, an officer may search your car if they have a search warrant or have probable cause to search. Otherwise, you can say “no” when a police officer asks to search your car. Since officers cannot always legally search, you should know when you are allowed to say that you do not consent to a search.
    • If the officer sees any illegal objects in plain view, he or she can search the part of the vehicle that the objects are in and arrest you if necessary. For example, if you have drugs in the passenger compartment of your car, an officer who sees the drugs can search the whole passenger compartment of the car.
    • Keep in mind that in the United States, moving vehicles are subject by law enforcement to search with probable cause after a traffic stop. Probable cause may include observing occupants in suspicious activities and things that the officer can smell, see, or hear, such as safety violations, open containers, and items that could potentially appear to be weapons. Once an officer has probable cause, your entire vehicle is subject to search.
    • An officer may also search a vehicle if given permission. However, if an officer asks you for permission to search your vehicle, you do not have to say yes. Refusing to give consent for a search cannot be used by the officer as probable cause to search your vehicle. However, if you do say no to a search, the officer may try to establish probable cause for the search by asking more questions and closely inspecting the areas of the vehicle that are in plain view.
    • Additionally, if you are arrested as a result of a possibly illegal search of your car, tell your attorney that you believe the search was illegal.
12. Do not argue with the officer. There is plenty of time later in traffic court to argue about your ticket. Instead, thank the officer and remain in control of your emotions. If you believe that you were pulled over for an illegal reason, or that the police officer did something that was illegal, do not address it with the officer while you are stopped. Instead, try to get or remember the officer’s name for later.
    • If you believe that the officer did something illegal, you can contact an attorney and see if you have a case, or file a complaint with the county or state where the police officer is based.
13. Find legal remedies after the stop. If the police violated your rights, you can respond with a legal challenge later. If you believe that you were illegally pulled over because the officer was engaged in profiling, contact an attorney or file a complaint against that police officer.
    • If you receive a ticket from the officer, his or her name and badge number should be listed on the ticket.
    • If you did not receive a ticket, try to find out the officer’s name by either looking for a name tag or asking directly.
    • You can also try to get the license plate number from the officer’s car.

Dealing with a Police Roadblock

1. Understand when the police set up roadblocks. Police officers may only set up roadblocks and checkpoints for special situations beyond the normal needs for law enforcement. These “special situations” include when police officers are concerned with:
   • Drunk drivers (the most common)
   • Border security
   • Apprehending specific criminal suspects
2. Get to know how police operate typical roadblocks. If law enforcement officers set up a roadblock, they may stop all cars that drive to the roadblock, random cars, and/or cars matching a description of a vehicle involved in a crime. Officers are not supposed to profile the driver or passengers.
   • If you are stopped and you believe that the officers are profiling you for any reason, continue to cooperate with the officers and call a lawyer as soon as you can.
3. React calmly at a roadblock. If you are stopped at a roadblock, you should act the same way as you would have if you had been pulled over for a traffic violation.
   • If law enforcement officers have set up a roadblock, they can stop every vehicle and ask for documentation or request that every individual take a sobriety test, road side breath test or drug check. In this situation, you cannot refuse to take the sobriety test without being arrested. While the officers do not have probable cause to suspect that you have been drinking, they do not need it in this situation because they are testing everyone.
4. Be aware of traps. Sometimes, the police will set up a roadblock and not stop anyone. Instead, they will see who diverts and gets off the road at an exit right before the roadblock. If the police see you get off the road at an exit right before a roadblock, they may stop you.
   • Avoiding a roadblock is probable cause for the police to stop you. However, because the police are not stopping you for the specific purpose of the roadblock (i.e. drinking), they may ask you why you avoided the roadblock without automatically asking you to take a sobriety test.

Getting Stopped While Walking

1. Understand how a "stop and frisk" works. If a police officer has a "reasonable suspicion" that criminal activity is occurring, the officer can perform a "stop and frisk." A stop is a brief detention short of an arrest, and a frisk is a pat-down to check for weapons. Both the stop and the frisk must be justified by the circumstances to be legal.
   • "Reasonable suspicion" is a lower standard than "probable cause."A stop is a briefer detention than an arrest, and a frisk is less invasive than a search. However, if the officer has a reasonable suspicion to do a stop and frisk, and then his or her suspicion develops into probable cause as a result of the stop and frisk, then the officer can arrest and search you further.
2. Know when a stop is justified. Officers can stop people during an investigation or to prevent crime before it happens. An officer is justified in stopping you if the officer reasonably believes you:
   • Don't fit the time or place;
   • Match the description of a wanted suspect;
   • Act strangely, or are emotional, angry, fearful, or intoxicated;
   • Are loitering or looking for something;
   • Are running away or acting evasive or secretive;
   • Are at a crime scene; or
   • Are in a high-crime area (which is not alone sufficient for a reasonable suspicion).
3. Know when a frisk is justified. If an officer has stopped you, he or she can pat down your outer clothing to check for weapons. If the officer feels something that he or she reasonably believes is a weapon or some other contraband, the officer can take it from you. You may be frisked if the officer:
   • Is concerned for his or her own safety or the safety of others;
   • Suspects you are about to commit a crime involving a weapon;
   • Is concerned by the behavior, emotional state, and/or appearance of the suspects;
   • Asked questions and received evasive answers; or
   • Factors in the location and time of day (which alone is not sufficient to justify a frisk).
4. Stay calm and comply when stopped. If an officer stops you, you are not automatically under arrest. Even if you believe the officer lacks a reasonable suspicion to stop you, stay calm and comply with the officer's instructions. You can contact a lawyer later.
   • A stop is only supposed to last as long as is reasonably necessary for the officer to investigation the situation. Make a mental note of how long you were detained and make a complaint if the detention was unreasonably long.
   • Many have complained of officers abusing the stop and frisk process and harassing the public. Whether or not you believe your stop is justified, just assume that the officer is concerned for his or her own safety. You can file a complaint after the situation has resolved.
5. Request a lawyer if you are arrested. If the officer finds a weapon or other contraband during the frisk, you will probably be arrested. Remain calm and request a lawyer. If you cannot afford one, one will be provided to you. A lawyer may be able to challenge the constitutionality of the officer's conduct or negotiate a favorable plea deal on your behalf.

Things You'll Need

• License
• Registration
• Proof of insurance

Warnings

• This article is intended as legal information and does not provide legal advice. If you need legal advice, contact a licensed attorney.
• The advice in this article applies mainly to the US. If you are stopped in another country, be sure to know the local rules.

Quick Summary

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See also

• Act when the Police Pull You Over (USA)
• Pay a Florida Traffic Ticket Online
• Write a Letter to Contest a Parking Ticket
• Pay a Traffic Ticket in Nevada
• Pass an Alcohol Assessment
• Go Through a DUI Checkpoint Without Being Tested
• Get Through a DUI Checkpoint
• Behave at a Roadside OUI Checkpoint
• Answer Questions During a Traffic Stop
• Fight a Red Light Ticket in California

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