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3 rights you have during a traffic stop

On Behalf of | Jul 1, 2024 | Criminal Defense

A traffic stop can be stressful. You can help ease your stress by understanding your legal rights.

The more you know about your legal rights during a traffic stop, the more likely you are to avoid criminal charges. Here is what you should know:

1. You do not have to answer any questions from the police

Under the Fifth Amendment, you have the right to remain silent if the police ask you questions. These questions from the police are often intended to cause people to make self-incriminating comments, which could be used against them during a trial. By pleading the Fifth, you are showing the police you will not answer any questions. 

2. You do not have to permit a vehicle search

The police may ask to search your vehicle during a stop. Under the Fourth Amendment, you do not have to give law enforcement permission to search your car. This may require the police to acquire a warrant. The police could also search your car after a lawful arrest. However, any evidence collected during an unreasonable search can be dismissed in court. 

3. You can record the police

You have the right to record the police as long as it does not interfere with police activities under the First Amendment. The benefit of recording the police is that it can help hold the police accountable for their actions. If law enforcement violates your rights by using excessive force, you could use the recording during a trial. 

If the police violate your rights during a traffic stop, a strategic defense can help mitigate the criminal charges. You can reach out for legal help to discuss your defense options.