When you are pulled over, it can be one of the most panic-inducing things to happen. Additionally, citizens may not be aware of the rights that they may have at the moment. One would think that the police would be the protectors in such a situation.
However, they are willing to take advantage of the fact that people don't know their rights. Additionally, not knowing how to act in such a circumstance can compound problems very quickly.
The idea of the information provided here today is to prevent anyone from taking any wrong actions if they are pulled over. Once a person makes the right calls, they will likely find that they are very much protected under California law. Goss Law also has insight on questions like Can the police lie to you to get a confession in California?
What Rights Apply When a Police Officer Pulls You Over?
After someone has been stopped by law enforcement, they are not free to leave until the stop has been completed and the officer has indicated that the person is being released. Be that as it may, drivers have a few rights that they are urged to remain aware of during these moments, which are as follows:
The right to remain silent applies. However, before not saying anything, the person must communicate to the officer that this right is being exercised.
Consenting to a search is also something that a driver has the right to accept or refuse. Officers cannot search the vehicle without a warrant, probable cause, or unless an arrest is taking place. No rule requires that consent be given for a search to occur.
Whatever constitutional rights are set out will always apply. Note that this is a factor that is not dependent on the citizenship status of the person being stopped.
What Might a Traffic Stop with a Law Enforcement Officer Look Like?
It is important to note that every traffic stop in California is unique. Therefore, do not expect that the information given here will outline exactly what will happen. However, this is the series of events that should unfold under most circumstances.
First, the law enforcement officer will usually ask for the person's driver's license after they have been pulled over. Note that vehicle registration documents will also usually be requested. The California Vehicle Code states that the drivers should be able to provide all requested documents during the stop.
Officers may choose to ask additional questions. However, this will usually depend on the nature of the stop. As indicated before, these situations can be vastly different from each other, so do not expect it to be a predictable and routine thing. For more information, the best criminal defense lawyers in Sacramento may be able to help.
What Should You Do When Police Officers Pull You Over?
When pulled over by the police, it is essential to take the right steps to ensure that the best outcome occurs. Consider the following:
Ensure that turn signals or hazards are activated before pulling over. As soon as it is safe to pull to the side of the roadway, do so.
Remain inside the vehicle. Do not exit unless the order to do so is given by an officer.
Switch off the engine. Additionally, turn off any active audio devices.
If the stop is happening at night, turn on the interior vehicle lights to ensure that there is proper visibility.
Ensure that hands are kept on the steering wheel or in a place where they are fully visible.
Follow whatever instructions the officers may give. This applies to those given to passengers as well.
Once the officer is observed to be approaching, lower the appropriate window if it is up.
If there is a legal weapon present, ensure that the officer is made aware that it is in the vehicle.
Wait for the officer to give the instruction before getting the driver's license or vehicle documents.
What Should You Not Do When Law Enforcement Officers Pull You Over?
At the same time, some actions should be avoided, as they can lead to things getting out of hand quickly. Additionally, such actions may create a situation where an officer gets a reason to perform an arrest where none was present before. Avoid the following:
Do not stop the vehicle abruptly, as doing so could be a safety concern. Additionally, do not pull over without signaling correctly.
Avoid lying or giving false information. While there is nothing wrong with choosing to remain silent after stating the desire to do so, it is not a good idea to try to mislead the police.
Under no circumstances should anyone get out of the car without being instructed to do so by an officer. It stands to reason then that running is also a bad idea. While police should have reasonable suspicion before conducting a stop, there should never be any action performed that can give it thereafter.
Can Your Phone Be Searched When a Police Stop Occurs?
Unreasonable searches should never occur under California law. However, this does not mean that it never happens. While an officer's instructions should usually be followed, a line can be drawn legally when they try to do the wrong thing.
Unlawful searches during traffic stops fall under this category. As is the case with a vehicle, the police have no right to look through a phone without a warrant unless there is an applicable exception. For example, there may be the need to do so if it means preventing possible danger to another person.
You Don't Need to Tell an Officer Why You Were Pulled Over
After pulling someone over, officers will often ask the person if they know why the stop happened. Be advised that thanks to Assembly Bill 2773, passed in 2022 by the state government and sponsored by Assemblymember Chris Holden, this question does not need to be answered. The only exception is if the officer reasonably believes that withholding the reason for the stop can protect life or property from an imminent threat. Goss Law answer questions like When can police search my car in California?
Prevent Violations Against Your Rights by Scheduling a Free Consultation with a California Criminal Defense Attorney Today!
Do not sit around and allow the police to violate your rights. You can speak to a seasoned criminal defense attorney today! Schedule a free consultation with an expert at Goss Law!
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