How to Spot and Defend Against Unlawful Stops

How to Spot and Defend Against Unlawful Stops

How a police officer conducts a stop can determine whether or not the evidence gathered against you at trial will be admissible. A skilled criminal defense attorney could file a legal claim to suppress the results of an impermissible traffic stop.

unlawful stop

Stay Calm

If you’re pulled over, remain calm and don’t suddenly move. Please keep your hands where the officer can see them, and do not reach into your glove box or pockets until instructed to do so.

To make a traffic stop, law enforcement agents must have reasonable suspicion or probable cause that a crime is being committed or will be committed shortly. Hunches, stereotypes, and profiling are not legal justifications for a stop.

During a traffic stop, it’s crucial to remember that you have the right to remain silent and refuse to answer unnecessary questions. This can help limit your vehicle search if the officers find nothing incriminating.

Be Polite

Police officers receive months of training on properly conducting a traffic stop. However, officers may still get it wrong and have a bad day.

It is essential to be polite during a traffic stop. Arguing with law enforcement will only worsen your situation and may cause them to believe you have something to hide.

Law enforcement can only pull you over if they have reasonable, articulable suspicion that a crime is being committed or you are about to commit it. Profiling is against your constitutional rights, and stopping people based on race, age, or other factors is illegal.

Keep Your Hands on the Steering Wheel

The first step in protecting your rights at a traffic stop is keeping your hands on the steering wheel. Doing so ensures that the officer sees you are not hiding evidence from them.

Keep your conversation minimal, and avoid sharing information about where you have been or are headed. This can be used against you later in court.

Don’t Refuse a Breath or Blood Test

If an officer suspects you of DUI, they may request a breath or blood test. Refusing them can lead to severe criminal penalties, including license suspension and mandatory DUI classes. However, sue for an unlawful stop if you are unlawfully stopped by a police officer.

Officers must have probable cause or reasonable suspicion to stop a driver, not just a casual conversation. If they don’t, the courts could rule their stop illegal, making any evidence they collected inadmissible.

Cherry picking is a common practice where officers stake out areas near clubs, bars, and restaurants to pull over drivers, assuming they are drunk. This is a form of illegal racial profiling.

Record the Stop

A police officer can only stop and detain you if they reasonably suspect that you are, or will soon be, committing or about to commit a crime. If they don’t, it’s an illegal stop, and any evidence they get could be thrown out of court.

You can record what happens during a police stop in public spaces. However, some officers may argue that you’re obstructing them or violating wiretapping laws, which differ from state to state.

If you’re recording, try to stay a safe distance from the officers and do not interfere with them in any way. Some states have laws that make it a crime to film an officer from less than eight feet away, but these laws are generally overly broad and should be challenged.

Contact an Attorney

Even if you disagree with the officer’s reason for the stop, avoid becoming argumentative and save any debates or arguments for later. Cooperate by providing all required documentation, such as your driver’s license and registration. Tell the officer beforehand if you need to reach into your glovebox or elsewhere to retrieve these documents.

Police can only stop drivers if they have reasonable suspicion of a crime. If an officer fails to meet the burden of proof standards, they have performed an unlawful traffic stop. This could result in a DUI arrest and severe penalties.

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