Pulled Over | Kovolyan Law

What to know when you get pulled over.

1. Be conscious of your actions, movements, and words.

As soon as the squad car pulls up behind you with its lights on it is a safe bet you are being recorded and observed. This means you should take a deep breath, relax, and be aware of what you do and what you say. Pull over somewhere where the officer will be safe, keep your hands where they can see them, and don't say anything you don't have to.

2. Be polite, reasonable, and non-argumentative.

Police officers are just people, most if not all will respond to courtesy and respect. Knowing and asserting your rights does not mean you must be antagonistic or rude. Even if you are being arrested and are innocent of the charges, it will not be resolved on the road in a shouting match.

3. Consider recording the interaction on your smartphone.

You may record your encounter during a police stop so long as it does not interfere with the officer. If asked you should put the phone down, but continue to record and verbally describe what is going on. This creates a record preserving the events independent from that of the police's.

4. Ask why you have been pulled over, whether you are suspected of a crime or infraction, and whether or not you are being detained.

The first thing you should do when the officer approaches the window is ask "what seems to be the problem officer", it may be cliche but it provides valuable information. Drivers must provide your license, registration, and insurance info if asked by an officer. After that if you are not being detained you are not under any obligation to remain or provide any further information.

5. Once the Officer states why you are being stopped only the following must you do:

*Everyone must tell police your name, address, and date of birth ONLY IF the officer has reasonable suspicion you have committed, are committing, or were about to commit a crime.

* Both driver and occupants must get out of the vehicle if ordered to do so to allow the officer to conduct a patdown, vehicle search, or arrest.

6. The officer cannot keep you longer than it takes to handle the matter for which you were pulled over.

Absent reasonable suspicion on the part of the officer, (ie the officer smells marijuana smoke, sees a gun, etc.) police cannot deliberately delay writing you a ticket in order to allow for a drug dog to show up and once you are issued the ticket the officer cannot keep you for additional time. If the officer has reasonable suspicion you have committed a crime ie they suspect you are driving under the influence because you slur your words or smell of alcohol, they may detain you longer.

7. You DO NOT need to answer any of other questions.

You have a constitutional right not to speak other than to identify yourself. You MUST however SAY that you are exercising your right to respectfully remain silent. And then you MUST remain silent.

8. You do not have to allow, and should not give permission for a search of your vehicle or anything inside it.

They may search it regardless if they believe they have grounds, but you should always respectfully refuse to give permission.

9. The officer may overstep there authority, but again it is likely best to be respectful, assert your rights, and let your attorney sort it out.