Your Rights When You’re Pulled Over
Being pulled over by law enforcement officers is often stressful and intimidating. However, as a U.S. citizen, you have certain rights that can help protect you during these encounters. Whether it’s a routine stop or something more serious, being informed about the legal process can make a significant difference in protecting yourself and maintaining your rights.
At Abrahamson Law Office, we are skilled in helping our clients understand their rights and how to exercise them to make sure the encounter goes smoothly. Here, we outline your rights during a traffic stop and the most important principles you should keep in mind if you've been pulled over by the police.
Why It Matters to Know Your Rights
When you are pulled over by the police, it's important to know your rights so that you can protect yourself and ensure fair treatment. Knowing what to expect during a traffic stop and how to respond will help ease any anxiety or stress you may experience in such situations.
Understanding your rights is not about being combative or defiant—it’s about making sure law enforcement officers operate within the bounds of federal and state law. The U.S. Constitution guarantees certain fundamental rights, including protections under the:
Fourth Amendment, which guards against unlawful searches and seizures
Fifth Amendment, which ensures protection against self-incrimination
Knowing these rights empowers us to respond appropriately during a traffic stop and potentially prevent unnecessary legal or personal consequences.
Your Rights During a Traffic Stop
As a driver, there are three main types of interactions you may encounter with law enforcement officers: traffic stops, sobriety checkpoints, and roadblocks. Regardless of the circumstances of the traffic stop, all drivers have certain general rights that apply:
The Right to Remain Silent
You have the right to remain silent when questioned by the officer. While you are typically required to provide your driver’s license, vehicle registration, and proof of insurance upon request, you are not obligated to answer questions about where you’re going, where you’ve been, or other personal information. You can politely decline to say anything that could incriminate you by stating “I choose to remain silent.”
The Right to Refuse a Search of Your Vehicle
Law enforcement officers typically cannot search your vehicle without your consent unless they have probable cause or a warrant. If an officer asks to search your car and you do not wish to grant permission, you can politely state, “I do not consent to a search.” If the officer insists, do not physically resist—simply remain calm and allow your attorney to address the matter later.
The Right to Record the Interaction
In Nebraska, recording your traffic stop is legal so long as it does not interfere with the officer’s duties. Dashcams or a smartphone can be helpful tools for capturing the interaction. This video evidence can be invaluable if you later need to address issues of misconduct or defend yourself in court.
The Right to Know Why You Were Stopped
An officer must have a valid reason, or “reasonable suspicion,” to initiate a traffic stop. If you are unclear about the reason for being pulled over, you can politely ask, “Why was I stopped?” Knowing the officer’s justification for the stop can help you assess whether their actions were lawful.
What to Do If Your Rights Are Violated
If you feel that your rights were violated during a traffic stop, it’s important to document the encounter to the best of your ability. Write down key details such as the officer’s name, badge number, and the location and time of the stop. If you were issued a citation or any paperwork, keep it in a safe place until you can give it to your attorney later.
At Abrahamson Law Office, we strongly advise against confronting law enforcement officers about violations on the spot. Instead, consult with an experienced criminal defense attorney who can help you assess the situation and determine the best course of action.
Common Missteps to Avoid
Although you have certain rights during a traffic stop, it’s important to know that certain actions could inadvertently jeopardize your rights or escalate the situation. Some common mistakes to avoid if you've been pulled over include:
Arguing with law enforcement: Even if you believe the officer is wrong, avoid debating them at the scene. There are legal channels for contesting the stop or citation later, and respectful disagreement is typically more effective in a courtroom than on the roadside.
Admitting to any violations: Avoid providing statements that could be perceived as self-incriminating. For instance, if the officer accuses you of speeding, refrain from saying things like, “I was only going a little over the limit.” Instead, remain silent or calmly state that you do not wish to answer questions.
Unknowingly granting permission: Pay close attention to the officer’s phrasing when they ask to search your vehicle. Simply saying “Okay” or “Sure” could be interpreted as granting consent, even if you were unsure about your rights.
Contact an Experienced Attorney Today
Being pulled over can feel overwhelming, but knowing your rights and staying informed are powerful tools for protecting yourself. If you believe your rights were violated during a traffic stop or if you are facing legal consequences that arose from a traffic incident, our attorneys are here to help.
At Abrahamson Law Office, we strive to provide you with the legal representation and guidance you need to protect your future. We will thoroughly review your case, gather evidence, and build a strong legal strategy to support your interests.
Located in Omaha, Nebraska, we serve clients in Douglas County, Sarpy County, Saunders County, Washington County, Otoe, and Dodge County. Contact us today to schedule a free consultation.