When you are driving and get pulled over, a range of emotions can arise: frustration, annoyance, fear, anger. Although understandable, it is best not to give in to these emotions, as your actions could escalate what is a routine traffic stop into something more serious with more grievous consequences. The best way to manage this automatic response to being pulled over is to understand your rights, responsibilities, and legal protections during a traffic stop.
The Legal Framework for Traffic Stops in California
The Fourth Amendment protects you from unreasonable searches and seizures, which include searching homes, belongings, and vehicles. A traffic stop, which is considered a seizure, must have reasonable cause to be legal.
The California Vehicle Code (CVC), a legal document that outlines rules regarding vehicle use in California, clarifies that a law officer only needs reasonable suspicion, rather than probable cause, that you have committed a traffic violation to pull you over. Reasonable suspicion occurs when an officer has sufficient facts and information to suspect unlawful activity. An officer can also apply this reasonable suspicion to make a pretextual traffic stop, a stop made to investigate criminal activity unrelated to your driving.
What to Expect During a Routine Traffic Stop
When an officer pulls you over, there are early steps you can take to create a safe traffic stop.
- An officer will signal for you to pull over, most commonly by flashing their car’s red and blue lights.
- Both you and the officer will pull over safely, using blinkers, in a safe location. On the highway, wide shoulders and off-ramps are generally good places to pull over. In busy town or city areas, a side street or parking work.
- As the officer approaches, roll down your window and keep both hands on the wheel. Passengers should also make their hands visible.
- You have the right to ask, “Am I free to go?” before an officer requests anything from you. If they say yes, you can drive away safely and quietly. If they say no, ask why you were pulled over. An officer must give you their reason for doing so.
- If an officer requests your driver’s license, registration, and proof of insurance, the CVC states that you must comply with this request.
During the stop, it is essential to remain calm, keep your hands visible, and comply with basic identification requests. Any resistance, skittishness, or verbal or physical aggression could result in the situation escalating or giving the officer further reasonable suspicion.
Your Right to Remain Silent
You have the right to remain silent. You cannot be arrested or detained for refusing to answer questions. You’ll need to answer a limited number of questions to verify your identity, such as providing your name, ID, registration, or proof of insurance. For any other questions, such as “Do you know why I stopped you?” or “Have you been drinking tonight?” clearly state, “I wish to remain silent.” It is best not to answer any questions at all, as answering questions and then not answering a particular one can look suspicious.
Even if you think your answers are not incriminating, there is a risk of self-incrimination. You can get nervous and make a joke that gets misconstrued or fumble your words and have to backtrack. Anything you say in a law officer’s presence can be used against you, and invoking the right to remain silent can protect you legally.
Do You Have to Consent to a Vehicle Search?
The Fourth Amendment protects you from unreasonable searches. If an officer asks if they can search your vehicle, clearly state, “I do not consent to my vehicle being searched.” Without probable cause, any search after this would be unlawful.
An officer may still lawfully search your vehicle without a warrant if they have probable cause that a search will reveal evidence of illegal activity. Additionally, officers may search a car after an arrest is made to ensure the safety of those involved.
Probable cause to start a search after pulling over a vehicle may be visible contraband or the smell of marijuana. Under any circumstance, still clearly state you do not consent to a search. If an officer’s probable cause is found to be invalid, the search becomes unlawful.
Recording the Interaction: Is It Legal?
California eavesdropping laws, Penal Code § 632, condemn the use of electronic aids to record conversations of those who have a reasonable expectation of privacy. On-duty law enforcement personnel, however, do not have a reasonable expectation of privacy when performing their duties.
You are legally allowed to record a traffic stop under the First Amendment. State that you are retrieving your phone and slowly move your hands to do so and begin recording. An officer may ask you to stop recording, but if you are not interfering with their duties, you do not have to stop. If they ask for your phone, respond (while recording) that you do not consent to giving them your phone. You may be arrested for not complying, but this is an illegal arrest.
Depending on the intensity of the situation, it may be in your best interest to hand over your phone. Still, record that you do not consent, as this confiscation is not legal. Officers are not allowed to view your videos and photos without a warrant and are not permitted to delete any of them either. Video footage can help support a legal defense or misconduct complaint, as the First Amendment protects your photos and videos.
What to Do If You Are Asked to Step Out of the Vehicle
According to the CVC, officers may legally request that you and any passengers exit the vehicle, and you are legally required to comply. They may do this as a precaution in their investigation or for their safety, depending on where they have pulled you over. To exit the vehicle, keep your hands visible at all times, exit the car slowly, and state what your intended actions are.
Refusing an officer’s request to vacate the vehicle can lead to arrest or escalation, even if you believe the order is unjust. Continue to state when you do not consent to an order or when you are using your right to remain silent.
DUI Stops: Your Rights and Obligations
If an officer has reasonable suspicion that you are driving intoxicated, like swerving too much or suddenly changing lanes, they can pull you over. A traffic stop does not need to start as a DUI investigation, though. They may pull you over for a traffic violation but then have reasonable suspicion—slurred speech, alcohol on your breath, etc.—to begin a DUI investigation.
California’s implied consent laws state that anyone operating a vehicle has given consent to undergo a breathalyzer or blood test. You can refuse to take these tests (if you are over 21 and not on probation), as well as the field sobriety tests, but an officer can still arrest and charge you for a DUI, even if they don’t have your exact Blood Alcohol Content. Often, more penalties will be added to the charge if you refuse.
What to Do If You Are Arrested
If arrested, continue to invoke your right to remain silent and your right to an attorney, as one has to be provided to you if you cannot acquire your own. During the arrest and any interrogations, remain calm and do not resist, verbally or physically. This type of behavior could result in additional charges or make the situation unsafe.
Once arrested, you will be booked. You’ll have your mugshot and fingerprints taken, and then a hedge will set your bail. Your bail depends on several factors, including your criminal history and the severity of the charges.
Racial Profiling and Unlawful Stops
Some law enforcement may use racial profiling as the basis for their traffic stops, basing their decisions on racial stereotypes rather than facts and evidence. This type of treatment, such as using excessive force or making an arrest without reasonable suspicion or probable cause, is a civil rights violation both on a state and federal level.
If you believe an officer has committed a civil rights violation, record or remember as much as you can about the incident, such as badge number, time, location, and the officer’s conduct. You can file a complaint with the law enforcement agency or with the California Civil Rights Department.
How to Protect Yourself After the Stop
There are several things you can do during a traffic stop to protect yourself both legally and physically. Remain calm and write down everything you remember while the details are fresh. You can record any police interaction if you can do so safely. Dashcam and video footage can make a huge difference in any legal proceedings. Contact a criminal defense attorney as soon as possible if arrested.
How the Law Offices of M. Gabriela Guraiib Can Help
The attorneys at the Law Offices of M. Gabriela Guraiib have vast experience defending clients in criminal and traffic-related cases, emphasizing compassionate counsel and aggressive defense strategies tailored to California laws. If you have been stopped or arrested in a traffic-related incident, schedule a consultation with us today.
Knowing your rights before you get pulled over can go a long way to help you stay calm, refuse unlawful searches, and seek legal help as soon as possible. Understanding your rights can help you avoid unnecessary legal trouble and protect yourself during high-stress interactions with law enforcement.
