What are my rights when being pulled over by the police for no reason?
Well, the blanket statement is correct. The cops simply do not need a warrant to search (the passenger compartment of) your vehicle. They need probable cause, and that’s a pretty trivial thing to make up, should a cop be inclined to do that. People who think they have more rights than they do can get themselves into some trouble. But my point is simply that it’s not necessarily a bad idea to allow a search, and trying to shame people into exercising their rights is no different than trying to shame them into not exercising them. The benefit of a freedom or right is in being able to exercise it when you choose and waive it when you choose. A “right” that can’t be waived is really not a right at all.
Actually, I think there is still a nonzero chance that they may “find something” even if they do not search. True, but in life we must content ourselves to control the things we can. If you find the evil cop who will plant something on you no matter what, then you can at the very least make their story less plausible by not providing them access to the more concealed area of your car in the trunk. It’s also worth mentioning that they don’t even have to find something or plant something to make providing them with access a bad idea. With additional access they have an increased ability to mistakenly think they see or smell something that would provide them probable cause to search further. So your effort to “get it over with” more rapidly causes it to escalate to tearing your car apart, calling in the dogs, being breathalizered, etc etc etc. Nax’s suggestion of watching Flex Your Rights is an excellent one. It’s a good site and a watchable video that isn’t too cheeseball.
You have the right to refuse a search of the vehicle, and to refuse everything that the officer phrases as a request. For instance, if the officer says, “Will you get out of the car and open the trunk, please,” you have the right to say “No, I won’t.” posted by ikkyu2 at 10:33 AM on October 30 I would strongly suggest that if a police officer tells you to get out of your vehicle, that you do so. You have the right to refuse a search, but if a cop tells you to get out of your car, don’t give him a reason to swab your eyes with pepper spray, or shoot you with a taser or his firearm. Better, more well-connected people than you have died for failing to comply with that request. When you leave a encounter with law enforcement not having been beaten, arrested, or killed, thank your lucky stars and go home and hug your kids. When it’s your word against a cop’s, your rights mean little in court and nothing on the street.
A few additions to this thread: 1. When making a statement regarding your rights, make the statement as simple as possible, with no hedging: YES: I do not give you permission to look in my trunk. NO: No, I’d really rather you didn’t look in the trunk, because it’s my right to say no, not that I’ve got something to hide, I don’t, and not because I don’t trust you, but I might have dirty laundry or something in there. So, yeah, let’s not do that. 2. You don’t need to tell them why. Period. 3. If you are ever questioned and given your Miranda rights, this is especially true: YES: I will not answer any more questions until my attorney is present. (And then keep repeating this whenever they ask another question. Do not even answer questions that seem innocent, like what is your birthdate. Just keep repeating this. Ignore them when they tell you it’s faster/easier/better for you if you’re actually innocent. Really, it’s not. Period.) NO: I’d rather speak with an attorney first. NO: Should I
As I’m sure you know, we’re all a bit touchy in Philly about crime right now, and police are pretty defensive about their rep. I don’t know that writing to the Commissioner himself will yield any results, as he’s retiring in January. Trying very, very, very hard to not editorialize unnecessarily here. Perhaps a call and follow-up letter to your local precinct to inquire about this. Ask if there was a crime being investigated or a new program in place — as regular law-abiding citizens calling with safety concerns. Taking the “you violated my rights” angle will probably be more likely to get a curt “no, we didn’t. Buh-bye.” They’re probably going to give you the “similar car to that used in a crime” scenario. Once they pull you over, they have to say something, so they pull out some stock questions to determine that there isn’t any obvious wrongdoing going on.
Related Questions
- If a police officer arrests a suspect and does not read him or her the Miranda rights, is it true that the person must be released?
- Why might trickery, innuendo or even falsehoods asserted by police during questioning not be Fifth Amendment violations?
- What are my rights when being pulled over by the police for no reason?
