4 ‘Gotcha’ Questions Police Love to Ask During Traffic Stops
Being pulled over by a police officer is one of the more nerve-wracking aspects of driving. What’s worse, police officers may take advantage of your nerves by asking “gotcha” questions in hopes you incriminate yourself. Luckily for us, the lawyers at Walden Law list the four most common questions police ask at traffic stops and what your wisest answers are.
1 – Do you know why I pulled you over?
This is a classic question designed to trip you up. If you answer, “Yup officer, it’s probably because I was going 15 mph over the speed limit,” they’ve successfully induced an admission that you knowingly did something wrong. In court, this isn’t a great thing. According to Walden Law you should always answer that you don’t know or would rather not say. If pressed, explain that you are exercising your fifth amendment right.
2 – Have you been drinking tonight?
This is another question it’s in your best interest to not answer, with the possible exception of truthfully saying, “I have had absolutely nothing to drink.” If you have been drinking, you can just explain that you’d rather not say without legal representation present. A police officer may try a follow up question or a raised eyebrow and silence, again hoping that you admit guilt. But this is a case where admitting any drinking gives them probable cause to administer a field sobriety test.
3 – Do you have any weapons in the car?
Walden Law admits that in some states, such as Wisconsin, local law compels you to immediately disclose any weapons in the car during a traffic stop. But not every state is the same. It is important to know your local laws. Here’s another place where you can say too much if you don’t know your rights.
4 – Can I search your car?
This is a “gotcha” because if you politely say “Yes,” you’ve consented to a warrantless search of your car. Walden Law recommends you say, “I do not consent to searches.” But do keep in mind that police might present you with probable cause and tell you they are searching your car anyway. Many folks are shocked to know they don’t need a search warrant from a judge because of the motor vehicle exception. But in this case, you can’t hinder their investigation and must comply with the search.
You can see a few more things you shouldn’t say during a traffic stop in the video below: