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Police officers pull over tens of thousands of American motorists every day. More often than not, these stops result in tickets and warnings. However, and tragically so, there are traffic stops that result in violations of rights, misunderstandings, violence, or worse. Consequently, the best thing a driver can do after being pulled over is remain calm, follow the instructions of police officers, and know your rights. That said, a law enforcement officer shouldn’t perform specific tasks at a typical traffic stop without appropriate circumstances.

Getting pulled over by a police officer is frustrating and, in certain circumstances, has potential safety concerns. Depending on your state and local laws, a police officer may not do the following unless they have a warrant, are placing you under arrest, or have probable cause connecting you to a crime:

  • Confiscate your phone or recording equipment
  • Search your vehicle
  • Stop you without a valid reason
  • Force you to converse or self-incriminate

The American Civil Liberties Union (ACLU) makes a point of informing Americans of their rights. As such, the human rights organization reminds drivers and pedestrians that police officers cannot confiscate their phones or recording equipment without a warrant.

A driver is frustrated by a traffic stop.
A frustrated motorist at a traffic stop | ronstik via iStock

It might seem like an instigation during a traffic stop, but you have the right to refuse the request for a vehicle search without a warrant. If you don’t want to submit to the request for a search, calmly ask if the officer has a warrant. If the officer has probable cause linking you to a crime or criminal activity, they can search your vehicle. But if they don’t have a warrant or probable cause, they cannot legally search your vehicle. 

Ok, so most motorists stop when they see the “cherries and berries” in their mirrors. That’s just good sense, especially if you have nothing to hide. Frankly, refusing to stop is itself a crime and will result in backup units and an intensification of the situation. However, a police officer isn’t allowed to stop you without a valid reason. Moreover, most departments require their officers to tell you why they stopped you immediately after pulling you over.

Finally, beyond complying with a police officer’s lawful commands, an officer can’t require you to talk to them. Moreover, anything you do disclose after being pulled over can incriminate you in other crimes. An officer can’t require you to self-incriminate. 

Source: ACLU, Courier Journal

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Staff Writer

Erik Sherman

Erik Sherman joined the MotorBiscuit team as an Autos Writer in 2022. An admitted petrolhead and an avid motorcyclist, Erik has owned everything from classic cars to motorcycles to modern driver’s cars. Erik also has extensive experience with military and emergency vehicles, ranging from ambulances and fire engines to MRAPs and M-ATVs. Erik is an eager car and motorcycle reviewer with experience covering everything from sports cars to pontoon boats and jet skis.

Erik holds a Bachelor’s Degree in International Relations (IRG) from the University of Texas at Austin and has studied Chinese, Energy, and European Politics at the University of Glasgow in Scotland. Erik’s background is unorthodox; he is a United States Marine Corps (USMC) combat veteran, water survival practitioner, and a former firefighter/EMT. Additionally, Erik is a regular volunteer and former instructor with the American Red Cross (ARC).