Know Your Rights When Being Pulled Over
Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri
We’ve all had the dreaded experience of driving & noticing flashing lights in the rear-view mirror. Once the officer comes over to your window & begins to ask questions, drivers can get nervous and unsettled. It’s important to know your rights when being questioned during a traffic stop & what you are & are not allowed by law to do when pulled over.
Rights of the Driver
- You can refuse an offer’s request to search your vehicle. However, if they believe your vehicle has evidence pertinent to a crime, they are allowed to search it without consent.
- You & any passengers can remain silent.
- With permission of the officer, passengers are allowed to leave.
- You can hire an attorney if you believe you have been illegally stopped or want to fight a criminal charge.
Based on the First Amendment, drivers are allowed to record a traffic stop. However, your camera should be in view & you should never interfere with the police officer’s work. If the officer tries to get a copy of your photo or videos taken during the traffic stop, know they must legally obtain a warrant for that information. You cannot be legally arrested for recording a public servant doing their job in public, but if you are or your recording device is confiscated, document as much information as possible, including the officer’s name, badge number & agency name.
Arrests During Traffic Stop
If, during the course of a traffic stop, the officer places you under arrest, you have the right to remain silent & ask for an attorney. No explanation is needed beyond invoking that right. You should never sign anything your lawyer has not reviewed & an attorney should be contacted as soon as possible. You also have the right to a phone call & if the call is to your attorney, police cannot monitor it. If the call is to family or friends, be aware they can listen & record those calls.
If you’ve been arrested during a traffic stop or been charged with a crime, Daniel Finder of Finder Law, LLC is here to represent you. With his experience in this area & knowledge of the law, he can ensure you are treated fairly & your rights are protected.
