Know Your Rights When Being Pulled Over

Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri

Kara McNabb • May 28, 2024

We’ve all had the dreaded experience of driving & noticing flashing lights in the rear-view mirror. Once the officer comes over to your window & begins to ask questions, drivers can get nervous and unsettled. It’s important to know your rights when being questioned during a traffic stop & what you are & are not allowed by law to do when pulled over.

Rights of the Driver

You can refuse an offer’s request to search your vehicle. However, if they believe your vehicle has evidence pertinent to a crime, they are allowed to search it without consent.
You & any passengers can remain silent.
With permission of the officer, passengers are allowed to leave.
You can hire an attorney if you believe you have been illegally stopped or want to fight a criminal charge.

Based on the First Amendment, drivers are allowed to record a traffic stop. However, your camera should be in view & you should never interfere with the police officer’s work. If the officer tries to get a copy of your photo or videos taken during the traffic stop, know they must legally obtain a warrant for that information. You cannot be legally arrested for recording a public servant doing their job in public, but if you are or your recording device is confiscated, document as much information as possible, including the officer’s name, badge number & agency name.

Arrests During Traffic Stop

If, during the course of a traffic stop, the officer places you under arrest, you have the right to remain silent & ask for an attorney. No explanation is needed beyond invoking that right. You should never sign anything your lawyer has not reviewed & an attorney should be contacted as soon as possible. You also have the right to a phone call & if the call is to your attorney, police cannot monitor it. If the call is to family or friends, be aware they can listen & record those calls.

If you’ve been arrested during a traffic stop or been charged with a crime, Daniel Finder of Finder Law, LLC is here to represent you. With his experience in this area & knowledge of the law, he can ensure you are treated fairly & your rights are protected.

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This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.

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