Your Fourth Amendment Rights

The Fourth Amendment is part of the Bill of Rights, and it protects people from unreasonable search and seizure. When pulled over, you have the right to remain silent and not answer any questions that are asked of you. You do not have to give permission for your car to be searched unless the police officer has a valid warrant or probable cause. If an officer has a valid warrant, they will present it before conducting a search.

Good Behavior During a Traffic Stop

It is within your rights to ask why you were stopped and if they are asking you to step out of the vehicle. It is also important to be polite when interacting with officers as this can help them keep their composure during the encounter. Additionally, make sure that any objects such as keys or wallets that you give to officers are returned once the encounter is over.

Outstanding Arrest Warrants

Whether you exhibit good behavior or not, if there is a warrant out for your arrest, the cop can and will arrest you on the spot and take you into custody. In this case, you would leave your car there and it would be towed to the designated impound lot. You would be responsible for paying all towing and impound fees after you post bond and get out of jail.

Were You Arrested?

It’s important to note that if police do not read you your Miranda rights upon arrest and later make a confession, that confession may not be admissible in court. It’s crucial to understand your Miranda rights and exercise them if you’re ever in a situation where you’re under arrest or being questioned by law enforcement. Don’t hesitate to speak up and demand your rights. Miranda rights refer to the rights that every American citizen has upon being arrested by the police. These rights, established in the 1966 Supreme Court case Miranda v. Arizona, include the right to remain silent, the right to an attorney, the right to have an attorney present during police questioning, and the right to stop answering questions at any time.

Were Your Rights Violated?

If you feel your legal rights were violated, and there’s no physical harm caused during the encounter, it’s best to document as much information as possible, including the officer’s name, badge number and any details of the incident. As soon as possible after the encounter, contact a criminal defense lawyer to learn how to move forward with the law on your side.

Conclusion

Overall, understanding your rights when pulled over by police can help ensure that everyone involved in an encounter stays safe and respects one another’s civil rights. Keep in mind that having knowledge of your Fourth Amendment Rights can help protect you from unreasonable search-and-seizures by law enforcement officials. Being aware of these laws and exercising them properly can help make your police encounters go as smoothly as possible.

You do not have to go through the legal system alone. Get a professional on your side who will fight for your rights and your freedoms. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

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At some point in your driving career, you are bound to be pulled over by police. It doesn’t mean that you’re guilty of a crime, or even suspected of one; but nonetheless, cop-stops and traffic violations do happen every day, so it is wise to be prepared and know how to behave if you ever look up and see those flashing emergency lights in your rear view mirror.

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Being Pulled Over is Not Always a Bad Thing

It is important to keep in mind that law enforcement is out there to protect us, even if that means from ourselves. So, when you see yourself getting pulled over by police, do not panic. It is very likely that they are pulling you over for something minor, such as a broken taillight. They might be pulling you over to help you with something, like an unscrewed gas cap or dangling license plate.

Courtesy and Cooperation Will Help Your Situation

In all cases of being pulled over by police, the most important thing to remember is that good behavior goes a long way. Whether you are guilty of something or not, if you are 100% cooperative and courteous to the on-duty officer, it is very likely that you will be treated with high regard and that your best interests (including your personal time) will be made a priority by them. Cops are ultimately here to help us and protect us, and if you let them do their job, your police encounter will go by a lot faster and end with a more desirable outcome, even if you are arrested.

Cop Stop Tips

If you are ever pulled over by law enforcement, whether driver or passenger, these are the steps that you need to remember and practice to the best of your ability:

▶ Pull to the Right. Pull over to the right shoulder of the road as soon as you know police are stopping you. Do not pull over to the left side. If you cannot access the right side of the road right away, drive a few feet longer, until you have adequate space to pull over.

▶ Stay Still. Do not move from your seat after stopping. Don’t even unbuckle your seatbelt or grab your purse. Remain perfectly still with your hands on the wheel while you wait for the officer to approach your window. You can reach for your car documents when the officer asks for them.

▶ Be Very Nice. Be polite and answer the police officer’s questions with respect. Although it is up to you on how truthful you want to be with them, the most important thing is that you speak to them in a respectful tone and courteous manner. Do not raise your voice, give attitude, show anger or frustration, call them names, or accuse them of anything. Do not be confrontational in any way.

▶ Oblige the Officer. Along with being respectful and courteous, it is important to oblige the officer by making him or her more comfortable. If it’s nighttime, turn on your interior cabin lights on so that they can see you. You can also do things like turn your car engine off and turn the radio down so that you two can converse more clearly. These little actions can work in your favor.

▶ Keep Conversation Short. It is important that you don’t speak too much when conversing with the police officer, especially if you are concerned that you might be guilty of a crime or have a warrant out for your arrest. It is better to say only what you need, answering the police officer’s questions directly and concisely, but not in excess. Talking too much could cause you to give up too much information, which could potentially incriminate yourself. More importantly, do not admit to any wrongdoing.

Where you recently pulled over by police and wrongly arrested for a crime, or you suspect that your rights were violated? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

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Understanding Your Rights When Pulled Over By the Police