What are my rights as a driver in a pull over situation?

Question

I keep getting pulled over by the local police for absolutly no reason and i would like some informative websites that i can find my rights, their proceedure proticall, and the traffic laws here in Illinois.

Answer 1

I have never been pulled over for the violation of "no reason." Surely they told you why they stopped you.

As long as an officer has reasonable suspicion to stop you they may. It doesn't matter if you get stopped every day if it is a valid stop.

Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be, engaged in criminal activity; such suspicion is not a mere hunch.

Answer 2

What reasons are they giving you? As a driver though, if you were asking a question why you were getting pulled over and if you also said you wanted to know traffic laws... well that doesn't sound too good.
The only reason would be if you kept getting caught for traffic violations. If you keep getting tickets for speeding, you might want to have your speedometer checked for example, since they can get inaccurate... but there is a reason for every pullover so if there is something wrong, I'd get your car checked first. Remember, if you're always nice to an officer you might be able to work something out.
** I'll also agree with Debbie. Police can technically pull you over for no reason and they can let you go.

Answer 3

It is ALWAYS a good idea to look over your vehicle every time you prepare to go somewhere. Unfortunately for us drivers there are light bulbs that burn out, wire that get bad connections, pigtails that get burned. There are a million things that go wrong with cars that are under the Murphy's theory of law! Pull the lens covers off and clean them, change the bulbs and if you have a tag light problem do what I do and buy 1 for each side. I've even used a flashlight because the tag lights kept frying. You just have to remember to turn it off/on. There are cops that will check you for certain areas, times, habits, because they know you are exhibiting signs of other people in the area that do the wrong things. Burglars patrol higher class neighborhoods in $20 vehicles. If you are being told your lights aren't working ask the man to show you which lights. It is rarely considered rude unless you have some gung ho recruit who may consider it a threat if you pop your door open and jump out like you are ready to fight. In this day and age it is better to ask and wait for him to tell you to get out. And last but not least there are some cops who will pull a person over because they do not recognize them. When they recognize you they may ease up a bit. Being a new person out and about they will want to be able to recognize you. If you take a look at your driving habits you may find the source of your problem. Actually you are seeing that your tax dollars are at work, even if you don't like the way they are at work!!!!!

Answer 4

You keep getting pulled over for "absolutely no reason"? I find that hard to believe. In fact, I find that impossible. I would bet you are committing the same crime over and over and either not realizing it or not caring.

I once pulled over the same person in the same distinctive van three nights in a row. He had a revoked license. I gave him a ticket for Driving After Revocation all three nights. The third time I said "enough is enough" and towed his vehicle, even though the first two times I let his girlfriend drive the van home.

Take a minute and look at your vehicle, and look at your driving conduct. I bet you will find something wrong in there. Fix that issue and you won't get pulled over any more. If you don't see anything wrong, just ask some friends or the officers.

Answer 5

Do you live in a high crime area? Do you have a license plate light out? Do you drive at very late hours (2AM)?
They don't pull you over to harass you. Simple traffic stops lead to drug arrests, dui arrests, and finding people with warrants. If you drive the same route every night at the same time, the local officers will probobly start to remember you and if you've ever been caught in violation of anything. Don't give them a reason to stop you.

Answer 6

uphold the constitution and do your best to obey the law and be a good citizen.

Either they are a cop or they arn't - you a soldier?

p.s. it is widely stated that miranda rights only apply if you are asked questions.

In general follow the officers instructions if you beleive them to have the lawful athourity to pull you over.

You are not intitled to do anything but cooperation may make things easier for you.

You do not have to do anything but treat it as if you are either at peace or at war with the officer because you are.


you can try google for sites like these:
http://72.14.205.104/search?q=cache:2BBeSvJFtJ0J:public.findlaw.com/traffic-ticket-violation-law/state-traffic-law/illinois-traffic-law.html+illinois+traffic+law&hl=en&ct=clnk&cd=1&gl=ca

or talk to a lawyer...

they can pull you over if they need your assistance with something or you are a safety risk to other drivers on the road - that is the general way road safety works.

But if they are "harassing you" then that may be a no no-- but it's the police - you could try to sue the department but contacting them directly about it could be something you could do, normally there is a PR public relations branch attached to most major police forces.

Discus the issue with them if it is serious or damaging your view of the force.

p.s. most forces also have some type of civilian oversight or inspector general depending on where you are and the level of the force. If it is harasment to you - you may be able to file with them --- or raise the issue at the local townhall etc.. IA might then look at it if police policies are being violated - if applicable.

It may just be fluke.

Answer 7

NO ONE is pulled over for no reason. You may not agree with or even understand the reason. The reason may not even be legitimate, but there is ALWAYS a reason. Even if the officer is simply bored out of his mind, that IS a reason. If you 'keep getting pulled over', the reason most likely has more to do with your vehicle or your driving than with the officer pulling you over.

Answer 8

You have the right to know exactly why you were pulled over, and the right to not have your vehicle searched without a warrant.

My brother is constantly pulled over by police just because of the kind of car he drives. He has never been in trouble with the law, no arrests, never done drugs. They pull him over and claim that his "tag light" is out, and everytime when he gets home, he checks it, and the light above his plate is working.

Answer 9

You asked a question about a problem you been having.
In my reply, I try to answer both your explicit question, and make suggestions how you can better inform yourself as to what is really going on, without getting into any trouble you are not already in.

The rules evolve over time & not everyone can stay on top of the latest story, so some people might give you bad advice, thus it is wise to check multiple sources.

Consider both your rights and the rights of the police. The Golden Rule is especially appropriate here.

You have the right to be treated with courtesy, provided you treat the police with courtesy.

While, under the 5th amendment to the constitution (not incriminate yourself) you have certain rights regarding not giving out some info about yourself, you do not have the right to remain totally silent.

Here is a link to news story where the US Supreme Court ruled 5-4 that people are required to identify themselves if asked by the police who they are.
http://www.csmonitor.com/2004/0622/p01s01-usju.html

The police have the right to be shown who you are, that you have proper insurance, and the right to be driving this vehicle ... license + registration + proof of insurance.

If you refuse to identify yourself to the police, and fail to show license, registration, insurance, they have the right to arrest you. Your passengers also do not have right to total silence. They are obligated to identify themselves if asked.

Because of a huge problem with fraudulent licenses etc., the police may also ask you for things like your date of birth, color of your eyes, the kind of stuff that should be in the DMV data base on the real person to whom that driver license was issued.

It makes sense to satisfy the police curiousity as to who you are & what you doing there, so that you can get to go on about your business with the shortest practical stop.

Sometimes the police can make mistakes. My advice is to cooperate with what they ask for, but notice when THEY break the rules, then report them later, so that the government oversight process can fix the training.

Here's link to a story where Wisconsin police were asking for social security number, which is a violation of the police rules.
http://findarticles.com/p/articles/mi_qn4196/is_20070609/ai_n19293595

You have the right to ask why you were pulled over.

"Did I do something wrong?"

You need to know this so if you have a bad habit, you can correct it.

You can also be observant in these traffic stops.

Is it the state police who are stopping you, or the local police? If local, you can use internet search engine to see what's hot for them at present.

Are they stopping all the traffic, or just you?
If all the traffic, then they may be checking to make sure people are properly wearing seat belts, including passengers in back seats.
They may be sniffing for vehicles carrying illegal drugs or other bad substances, and for whatever reason, your car or your appearance looks suspicious.

Traffic stops are covered by the 4th amendment to the US constitution, regarding "reasonable" search or seizure. You might be wise to review that.
http://www.cass.net/~w-dogs/ltraf.htm

There are citizen rights organizations such as the Illinois chapter of the American Civili Rights Union (ACLU), that have an interest in protecting the rights of people on the public highways. Here's some advice how they think you ought to behave when the police stop you.
http://www.flexyourrights.org/traffic_stop_scenario

Here are some web sites with official information for the motoring public of Illinois.
http://www.isp.state.il.us/
http://www.sos.state.il.us/services/services_motorists.html
http://www.dmv-department-of-motor-vehicles.com/IL_Illinois_dmv_department_of_motor_vehicles.htm
http://en.wikipedia.org/wiki/Illinois_State_Police
http://www.isp.state.il.us/traffic/traffic.cfm

There are several recent news stories about traffic stops being conducted in the state of Illinois. The link below gives a good overview of many of the issues.

This link gives statistics on the reasons people were stopped, vs. the ethnicity of the driver, and what the outcome was of the stop.
http://qconline.com/archives/qco/display.php?id=347342

In the last few years, there has been a dramatic rise in the police doing traffic stops. They believe it has contributed to an equally dramatic improvement in safety on Illinois highways.

In 2006, Illinois police pulled over 2.5 million drivers.
32% of the time, blacks are pulled over.
28% of the driving misbehaviors are by blacks.
Police do not always ask driver for permission to search the car, but they ask to search car 3 times more often for blacks than whites.
A state panel has been formed to look into the notion that maybe racial profiling is interfering with good police work.

A person was videotaping the police doing traffic stops, which was an annoyance to the police ... do citizens have the right to do this? Well a federal judge rulled yes.
http://www.thenewspaper.com/news/05/541.asp

Answer 10

Dont know about any other state, but in PA, there is no probable cause anymore. With things as crazy as they are nowadays, the police can pull you over legally for whatever reason they want and whenever they want. If you have all your required documents and are obeying the law, then dont worry. But if you want to know specific traffic laws, then you need to contact the Ilinois Dept of Transportation.....thats what they do.