It is never a good feeling when you see the flashing blue or red lights in your rearview mirror. Whether you are innocent or guilty, the uncertainty of what will happen in the next few minutes is always stomach-churning and has the potential to affect your life in a negative way.
While it’s important to follow the instructions of police officers, it’s more important to know your rights; because of our constitution, the laws do place some restrictions on law enforcement powers. However, there are always a few things to do when pulled over.
First, pull over when you see the lights. It is not an admission of guilt. Use turn signals and drive properly. Roll the window down all the way and keep your hands in plain sight. Don’t smoke or chew gum.
Be polite. You have nothing to lose and potentially something to gain. Listen to what the officer says and obey his commands – and don’t speak unless spoken to. Be careful what you say, as that can be used against you.
The police do not automatically have the right to search your car, but they do have the right to ask you and your passengers to get out. Again, be polite and watch what you say.
In order to search your vehicle, law enforcement must have a reason. If anything in plain view can reasonably lead them to believe there may be illegal contraband or a crime has been committed, they may use that as an excuse.
It is legal for the police to request a dog to sniff the vehicle. The Supreme Court has ruled the canine is not actually a search, as “an individual does not have a reasonable expectation of privacy in illegal contraband within a vehicle.”
However, there are still rules. The dog may be brought only after a legitimate traffic stop. Without reasonable suspicion, a person cannot be made to wait an unreasonable length of time – for example, past the time it would take a policeman to check the driver’s background and documents. Under some circumstances, the stop could be lengthened to wait for a canine unit to arrive.
If the dog does sniff and alert to items in the vehicle, the police will likely use this as grounds to take further action, such as requesting a search warrant.
If a drug-sniffing canine does appear to alert to something in the car, remember your rights — specifically, not to speak. The less you say, the less that can be used against you. And, more importantly, obtain legal representation as soon as possible.