The proper rules when it comes to traffic stops
hoku • December 20, 2020
Law enforcement is out in droves tonight. And just a few minutes from home, your car is pulled over in a traffic stop. It appears not to be your lucky day. You wonder the reason why the police officer turned on his flashing lights. You will soon find out, so try to stay calm.
But you must remember that there are rules for nearly everything. And rules also apply to traffic stops. Law enforcement must adhere to specific protocols when making a traffic stop. They must have relevant reasons for doing so. After all, we do not live in a police state.
Probable cause and reasonable suspicion
Here are some key points that apply to the rules related to traffic stops:
- Law enforcement must have reasonable suspicion and probable cause for making the traffic stop. Officers cannot make up some frivolous claim in order to pull you over. For example, an officer must have observed a specific violation or suspected criminal activity.
- Law enforcement can search your vehicle. Although the Fourth Amendment protects you from unlawful searches and seizures, there are times when authorities can search your car. This includes if you give them consent, if the arresting officer has probable cause and suspects criminal evidence present or if the officer possesses a valid search warrant.
- If you are arrested, law enforcement must read you the Miranda rights , which provide you with the rights against self-incrimination and to hire an attorney.
In cases related to drunk driving, law enforcement must know how to correctly administer roadside sobriety tests as well as how to properly administer a breathalyzer. You have rights. Please do not let authorities attempt to take advantage of you.
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