Navigating Police Stops: Your Rights and What to Say

When faced with a police officer during a traffic stop, it's important to know your rights and what to do if asked questions about sobriety or identification. Here's a guide to help you handle these situations with confidence and legal protection.

Sobriety/Breathalyzer Tests

Whether or not you answer questions truthfully makes little difference because the sobriety or breathalyzer test is going to tell the truth. The results of these tests are definitive and cannot be altered by your responses to the officer's questions.

Driver's License

As a rule, you are only required to show your driver's license. Passengers do not need to identify themselves. If the officer asks if the address on your license is correct or if it is where you are currently living, the proper response is that you have all the information you need on the license. You have no obligation to answer any police person question at a traffic stop. A simple response like “Next question please” is always a satisfactory response. Never try to explain why you are declining to answer.

Legal Rights during a Police Stop

It's important to know your rights when confronted with a police officer. You are legally required to identify yourself to police when they request it, but any questions that are beyond that can be invoked with your right to protection from self-incrimination. This means you can plead the 5th and refuse to answer further questions that may harm you in court.

Illegal Traffic Stops

In some instances, police may stop a motorist without just cause. It is illegal anywhere in the United States to stop a motorist just to check their driver's license. For example, Delaware v. Prouse 440 U.S. 648 1979 established that illegal traffic stops for the sole purpose of checking licenses are unconstitutional.

If you believe the police have stopped you in a way that constitutes an illegal search or seizure, it's a good idea to record the interaction. However, mentioning this directly to the police officer could result in further charges. Keep this evidence as it can be useful when speaking with supervisors or administrators later.

What to Say During a Police Stop

Show your driver's license. Brief answers to necessary questions. If asked, state that the address on the driver's license is correct. Invoke your rights. Politely state that you have no obligation to answer further questions and that you will invoke your right to protection from self-incrimination. Refuse further questions. Use the phrase “Next question please” as your response to any additional inquiries. Invoke attorney rights. If a police officer attempts to pressure you or threaten you, calmly state that any questions should be directed to your attorney of choice. This is a powerful statement that will stop any further illegal questioning or coercion.

Remember, it's never wise to take legal advice from a non-lawyer. Always consult a qualified legal professional for specific advice regarding your situation.