When the police stop your vehicle, you may worry about what you can and cannot do during the stop. The shock of a traffic stop and the authoritative nature of the police officer may cause you to go along with all the officer’s requests. However, doing so may jeopardize your legal interests and subject you to criminal prosecution. Understanding your rights during a traffic stop can give you the best chance of protecting yourself from the adverse effects of a conviction and holding an officer accountable for violating your rights.
Legal Grounds for Traffic Stops
Police may lawfully stop a motor vehicle when they observe visual signs or receive information that gives officers reasonable suspicion or probable cause to suspect that the driver has committed a traffic infraction or a crime. Officers must have specific, articulable facts to develop reasonable suspicion or probable cause. They may not rely on a “hunch” or intuition to suspect a vehicle’s occupants of a traffic infraction or crime.
The Right to Remain Silent
One of the most important rights to exercise during a traffic stop is the right to remain silent. Although you must identify yourself to the police officer and present documentation establishing your license to drive, vehicle registration, and valid auto insurance, you do not have to answer questions such as, “Where are you going?”, “Where are you coming from?”, or “Have you had anything to drink today?” Officers ask these questions to investigate suspicions of other traffic violations or crimes. However, you can politely decline to answer such questions.
The Right to Refuse Consent to a Vehicle Search
When an officer suspects that you have contraband in a vehicle, such as drugs or firearms, they may ask you if they can search your vehicle. Police need your consent to search your vehicle during a traffic stop if they do not yet have probable cause to believe it contains evidence of a crime. However, when you decline to consent to a search, the police may call in a canine to sniff your vehicle to detect drugs or other contraband.
In some cases, police do not need your consent to search your vehicle if they know or have probable cause to believe it contains a firearm accessible to you or another occupant. Officers may secure the firearm during the traffic stop to protect their safety.
The Right to Refuse Field Sobriety Testing
When the police suspect you of intoxicated driving, they may ask you to perform field sobriety tests, such as the heel-to-toe walk test or blowing into a portable breathalyzer. You may assume that Florida’s implied consent law requires you to submit to a field sobriety test. However, this law covers chemical testing that occurs after an intoxicated driving arrest. You may refuse an officer’s request to perform field sobriety tests.
The Right to Record the Stop
You also have the right to record a traffic stop on your cell phone or a portable camera if doing so does not interfere with the officer’s investigation or ability to resolve the reasons for the stop. Recording the stop ensures that you have a record of what occurred during the stop if the officer’s bodycam or dashcam does not record the stop. You should politely inform the officer that you intend to record the stop and either stay in your vehicle or a reasonable distance away from the officer if asked to step out of your vehicle. However, you cannot invoke your right to record the stop to interfere with the officer’s duties, such as by refusing the officer’s request to put your hands behind your back if they choose to detain you.
Contact a Criminal Defense Attorney Today
If you were arrested and charged with a crime after a traffic stop, you need strong legal representation to defend your rights and interests. Contact The Sombathy Law Firm today for a confidential consultation with an experienced criminal defense lawyer to discuss your legal options.
