If You Are Pulled Over by the Police
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If you are stopped by the police while driving:
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Keep in mind that what you say to the officer is very important. It can be used against you and give the police an excuse to arrest you. Even if you are outraged, don`t insult or talk back to an officer.
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You cannot be arrested for refusing to answer questions. It is a crime to give false information to a law enforcement officer. You must show your driver`s license, registration, and proof of your insurance. Say as little as possible beyond identifying yourself.
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You do not have to consent to a search of yourself or your car. If you give consent, you may waive your Constitutional right to be free from unreasonable search or seizure and damage your defense in court. Never voluntarily consent to a search.
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The police may legally order you to step out of your car and may “pat down” your clothing. Do not resist a pat down, but make it clear that you do not consent to any further search.
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You can be arrested and/or searched for arguing with or threatening an officer, fleeing, hiding potential evidence, or other suspicious activity. Stay calm.
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The police do not have the right to extend the traffic stop beyond the scope of the original justification for the stop unless they have reasonable suspicion that other criminal acts are being committed.
When an officer has completed giving you a warning or ticket, you are legally free to leave. Police often try to ask further questions or permission to search or otherwise prolong the stop. It is then appropriate to ask: “Does this concern the reason you stopped me?” “Am I under arrest?” “Am I free to leave?”
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The police do not have the right to search a closed container within a car. However, if you are under arrest for some lawful reason or there is probable cause, such as evidence of a weapon or contraband in plain view or the smell of marijuana, a warrantless search is legal. Never consent to request to remove a closed container from the vehicle or to open the trunk or glove compartment.
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