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Been Pulled Over? 3 Constitutional Rights You Have

It can be extremely nerve-wracking when you get pulled over by a police officer, and it isn't uncommon for the police officer to use your stressful condition to their advantage. Due to the fact that drivers tend to be extremely nervous during a traffic stop, they are eager to be as helpful as they can so that they can get it over with. Unfortunately, as a result, they unintentionally give up incredibly valuable Constitutional rights that are designed to protect their interests.

Regardless of the reason that you have been pulled over—running a stop sign or a suspected DUI—it is important that you are familiar with your rights to achieve the most favorable outcome. Keep reading to learn three of your Constitutional rights that you want to invoke when you are pulled over by a police officer.

Right #1: The Right to Remain Silent

If a police officer has pulled you over, make sure that you hand them your driver's license, insurance information, and registration information when they request it. However, if they ask you any questions about where you have been or where you are going, you are not obligated to provide them with the answers. Oftentimes, it is better to provide the officer with the information that they require of you.

Right #2: The Right to Refuse a Search

The Fourth Amendment of the Constitution provides individuals with protections against unreasonable search and seizures, and these protections extend to your automobile. In order for a search to be initiated, an officer much either have probable cause or your permission. An example of probable cause would be evidence in your car that was left in plain sight. Keep in mind that agreeing to a search is never in your best interest, so decline the request to a search of your vehicle—but make sure to do so politely.

Right #3: The Right to Record Police Interactions

You have the Constitution right, in every state, to record your interactions with police authorities. However, it is important that you make sure that your recording actions do not interfere with their investigations, because if they do, they have the right to ask you to stop recording. If you are able to record police interactions and you end being issued a citation or arrested, your traffic law attorney will know exactly what was done or said during the traffic stop, which may prove invaluable during court.

For more information, contact criminal law attorneys like those at Daniels Long & Pinsel.


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