Traffic Stops
The most common place that citizens encounter "law enforcement" and often the place where things are most likely
to go horribly wrong!
ESPECIALLY if you try to exercise your rights!
Steps to Insure Your Safety
When You Know You Are Being Pulled Over
1) Discretely put up all windows.
2) Try to Pull Over in a safe well lit place. (the more public and well lit the better)
3) Lock Your Doors.
4) Do Not Answer ANY Questions.
5) Obey ALL legal commands.
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During a traffic stop the ONLY lawful thing that you are required to do is to present your drivers license, vehicle registration , and proof of vehicle insurance.
You are not required by law to answer any questions without a lawyer present (5th Amendment). sit there and say NOTHING!
You are not required by law to roll down your windows. and orders to do so are usually unlawful commands. check your local laws.
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You are not required to submit to a warrentless search of your vehicle when involved in a traffic stop. Police may conduct such a search only if there is (probable cause).
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Probable Cause is the standard by which a police officer may make an arrest or conduct a personal or property search.
The two standards for probable cause
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Reasonable suspicion of the presence of evidence of criminality, allowing the search of the person or premises for such evidence by authorities.
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Reasonable grounds for believing a person is guilty of a criminal act, allowing the arrest, prosecution, or trial of such person.
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By law, an officer MUST have a RAS, (Reasonable Articulable Suspicion)
THAT YOU PERSONALLY have committed, are committing, or about to
commit a crime, before your person or property can be detained or seized.
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If the court finds that an officers subjective reasons for making the stop was for anything other than the initial traffic offense, and that reason lacks probable cause or reasonable suspicion, the court will dismiss the charges!
Whren v. U.S. - 517 US 806
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Which opens the door for prosecution of the offending party or parties.