What are your actual rights if a cop pulls you over?

Question

I'm just curious, and I think it's important to know your rights. The police often like to try and trick you into believing that you have none. Do you know what your rights are, in terms of legal vs. illegal search, etc.?

Answer 1

Your actual rights when you get pulled over are that the cop needs to articulate a reason why he pulled you over, unless it was at a border or a checkpoint or something. When s/he pulls you over, s/he has the right to use a flashlight to see the area called "plain view" in the car. He is also allowed to search the "grabbable area" of your car, but he is not allowed to order you out of the car without "probable cause" (i think), which is more than "articulable reason". S/he is not allowed to open sealed compartments or go through bags without a warrant. If they ask you to let them, you are allowed to say no, and saying no to them does not make "probable cause".
There are more but I am sure you are sick of my lawyerspeak.
These are the rules in NYS, at least

Answer 2

1st of all the only way a Cop can search is if they have a Warrant or if they have established Probable Cause or if a person signs a Consent of Search form.

Signing a Consent of Search form his unwise because it gives the Cop a Free reign to do whatever they please and anything illegal they find on a Consent of Search form cannot be thrown out of Court because you signed Consent of Search.

If a Cop ever asks you to sign such a form politely refuse and tell the Cop he/she will have to do this on their own because if you do not sign then they legally cannot search you without a Warrant or Probable Cause and if they cannot establish Probable Cause without a Warrant then anything they find without cause can be tossed out of Court.

There was a case in my State where a Cop suspected a guy had a Handgun in his Jacket so the Cop searched and found Cocaine.

The suspect claimed the Cop had no warrant but as I mentioned the Cop suspected a Handgun in the Jacket.

The guy said to the Judge "you can't fit a Gun in here go ahead and see for yourself."

The Judge did that and she found Cocaine in there, the criminal claimed it was Dry Cleaning Powder but the Judge didn't believe him and the question of whether or not the Jacket ever had a Handgun became pointless because he gave the Judge permission to search his Jacket.

Answer 3

Unfortunately, your rights are whatever the cop allows you to have. A cop illegally entered my car on the passenger side, ripped off my sticker, wouldn't allow me a phone call, and after I was arrested, they illegally searched my locked glove compartment. I had easily passed a sobriety test, was not speeding, committed no driving violation of any kind. I was eventually taken to a county jail where the sheriff yelled at the cop to get the handcuffs off of me. As the cop walked out the door, the sheriff told me he( the cop) was a F___ A--hole. The sheriff also told me to make sure I told the judge exactly what this cop had done. The sheriff drove me home the next morning. It was eventually tossed out of court and the judge YELLED at the cop in the courtroom.I have lost a lot of respect for cops since that incident. Most cops are probably good but that cop was really an evil son of a witch. Best thing to do is avoid cops as much as you possibly can.

Answer 4

First of all, be polite. Some police give "attitude tickets", meaning if you are polite, you get a warning, if you smart off, you get a ticket. You can refuse a search, but if the officer sees something is "plain view", such as a gun, drugs, an open liquor bottle, he has the right to search without your consent. Also, if he smells alcohol or marijuana aroma from your vehicle, he can search without consent. Also, you do not have the right to refuse to show Driver's license, registration, or insurance.

Answer 5

whats up pay interest. If a police officer pulls you over at nighttime, you could call the close by police branch and say that you pick to quit on the subsequent gas station or some thing like that. If it really is an officer then he will respond to that because the P.D will notify him. he will merely jot down your licence plate huge type and also you'll quit at your required region and then see what you probably did. thoughts: at the same time as pulled over: - keep doorways locked - roll window down in order that long as your pinky is - have a cellular telephone waiting to apply in case - keep away from being pulled over

Answer 6

You have to right to remain silent against anything INCRIMINATING after they read you your Miranda Rights, but if you completely remain silent and choose to ignore them, you will get toted off to jail for obstruction. An officer needs probable cause to search your vehicle or you can give them permission. If an officer says that he smells marijuana, that will give him/her probable cause to search. My friend, who has never even taken a Goody headache powder, got pulled over in Cook County Georgia on I-75. The officer lied and said that he smelled marijuana, and that he now could search his vehicle. After the officer was unsuccessful in the vehicle search for drugs, he then searched my friend's underwear (that he was wearing). My friend has never touched an illegal substance in all of his 31 years, and I believe that George W. Bush will snort cocaine on live television during ther State of the Union Address before I would believe that my friend would touch drugs...it's just that serious. There are some good cops out there, but please be careful of the crooks like the one that stopped my friend.

Answer 7

You must show ID when asked.

You do NOT have to consent to a search. If the cop has no reason to search the car and just asks because he "feels" like it, you are under no obligation to consent. In fact, if you do consent, he will make you sign a consent form to prove that you said it was ok. By reason, there must be something obvious and in plain view to cause him to suspect you of illegal activity (a roach, bag of coke, paraphernalia, gun, etc).

In general, I find it to be best to have your ID and insurance ready, be polite, and don't have anything incriminating in plain view!!!

Answer 8

just sit back and keep your mouth shut...lol

you can refuse a search, or a sobriety test, but that would pretty much screw you anyways, cause then they would just arrest you...
as long as they have a reason to search, then there's no such thing as an illegal search, i mean in a car, on the road...but for a house, you don't have to let them in, but then they could just get the judge to sign a warrant...

like i said, just sit back...they have a way around everything...

Answer 9

well for starters ; 1st 4th and 5th amendment. but they usually intimidate and threaten people with towing your car away just to make you start talking.. but if you hang tough and polite; ask for the supervisor of that shift to respond to the location.. continue to be polite and resist their intimdation tactics....If you are truly innocent of everything or anything. remind them that you will eventually own their house and attach their wages if they violate your constitional RIGHTS . most any good lawyer would pick up your case for free at first but with a percentage of the settlement. be aware of what you have already agreed to with the dept of motor vehicles (which you probably didnt pay attention to, ) a lot of cops out there break the law daily on these issues. because people are'nt well versed on their RIGHTS

Answer 10

Unless he has probable cause (like you being drunk, stoned, or reeking of either), he cannot search your car unless you let him. You can say no.

If you watch some shows like "Wildest Police Chases", they show many traffic stops where they cajole people into giving them permission to search. Once you say "yes", it's all legal.

For traffic stops, you have to produce license, registration and proof of insurance.