Seeing flashing lights in your rearview mirror can be
terrifying, especially when it is a police officer signaling for you to pull
over. Given the increasing risk and horror stories of situations gone array, it
is crucial to know your rights and what you should do if you get pulled over.
Making the wrong move or saying the wrong thing can quickly escalate into an
arrest or worse. Here, Rahul Balaram of Santa Rosa-based
Balaram Law Office discusses your rights when you are pulled over and describes
how to protect yourself.
Police need to have a
reason to pull you over.
It is a common misconception that police can pull you over
randomly without reason. However, police must have probable cause–such as
driving over the speed limit, driving with a broken taillight, or failing to stop
at a stop sign. If you are stopped, you have the right to ask the officer why
they are pulling you over.
You don’t have to stop
immediately.
In the event you are driving in an area that is unsafe to pull
over or not well lit, you should continue until you find a spot to stop safely.
While you don’t want to aggravate an officer by carrying on for several miles,
finding a place away from traffic benefits all parties involved. Making sure
there is enough light and in a public area benefits you as well, since all
activity can be seen and heard.
Remain in your vehicle
until asked otherwise.
It is legal to remain in your vehicle while speaking with a
police officer. While they may ask you to step out of the car, stepping out
before you are asked can be interpreted as aggression and may not be taken
lightly by a cop. Most will only ask you to get out of your car to ensure you
don’t have any concealed weapons.
Police can only search
your vehicle with a warrant (unless stated below).
Generally speaking, police must have a valid warrant to search
your vehicle. Without one, these are a few reasons they can still conduct a
search:
- If
you give them permission, enforcement has the right to conduct a search - If
anything of concern is in “plain view”, i.e. if illegal substances are in your
front seat then an officer has the right to search your car - If
an officer arrests you based on probable cause, they can then search your
vehicle as a “search incident to arrest” - If
an officer has reason to suspect a crime, they can search your vehicle. While
suspicious circumstances on their own–such as a black eye, bloodstains, or
trash bags lying around–don’t determine illegal activity, each activity in
combination can signal a potential crime that warrants a search.
You have the right to
remain silent.
If an officer asks you details as to where you are coming from,
where you are going, or any questions you do not wish to answer, both you and
your passengers have the right to remain silent.
About Rahul Balaram
Rahul Balaram has led an impressive
career as a defense attorney. Before opening his own firm, Mr. Balaram worked
as a Deputy Public Defender, representing indigent citizens accused of criminal
conduct.
Rahul has recently opened the Balaram Law Office in Santa Rosa. His
excellent communication with his clients relieves their anxiety about the court
system and lessens their confusion and frustration about court cases they may
be facing. He is available for consultation by phone and text 24/7. He ensures
that his clients are represented with dignity, compassion, and competence to
the court and juries.