Police Interaction

Find out the answers for the following question:
Must You Get Out Of Your Car During A Traffic Stop?

Transcript

1. Must You Get Out of Your Car During a Traffic Stop? By Benjamin A. Tracy, Columbus Criminal Defense Lawyer and Civil Rights Attorney Blog Post: Must You Get Out Of Your Car During A Traffic Stop? Koenig & Long LLC
2. Let’s Imagine the following situation: The police officer pulled you over at the side of the interstate for going 75mph in a 65mph zone. Besides this the weather is unpleasant and cold. Now the officer asks that you step out of your vehicle, he wants to pat you down.
3. Here Are the Possible Answers: The BEST answer: You should definitely get out of your car. You should fully cooperate with the officer but you should tell him that you do not consent to the search The CORRECT answer: He is not allowed to pat you down but you must get out of your car. The WRONG answer: It is wrong to resist his attempts to pat you down and to refuse to get out of the car.
4. Useful Information • The U.S. Supreme Court decided many years ago that an officer has the right to order someone who has stopped for a traffic violation to get out of the car, so in this matter you do not have other choices, even if the officer does not have a good reason for asking you to get out of your car or if the weather is unpleasant.
5. Requests Which May Not Be Refused • “May I please see your license? • “Would you please step out of your car?”
6. Requests Which May, and Should, Be Refused • “Would you please pop your trunk?” • “Would you please open your glove-box so I can take a look?”
7. What About the Pat Down Search? An officer may conduct a pat down search only if he has reasonable suspicion or reason to think that you are dangerous and armed. But our case is different, you have been stopped because of fast speeding. Conclusion: the officer doesn’t have the right to pat you down because there are no clear reasons to believe that you have contraband or weapons, in this case the search would simply be a “fishing expedition”.
8. Remember • A person is never entitled to resist a police officer no matter if it is about violating your rights or patting you down • Solution: you can come to the court later and assert a civil action or attempt to exclude any evidence the officer finds during the pat down process
9. Conclusion: • The CORRECT answer affirms that the officer is not allowed to pat you down • The BEST answer states that you cannot refuse to cooperate • What you should do: Tell the officer you do not consent to the pat down process, this way it is clear that he does not have your consent if he chooses to pat you down
10. Contact Information If you recognized yourself in the mentioned situation or have been arrested by any Columbus law enforcement agency, don’t hesitate to contact our experts at Columbus Criminal Defense Attorneys, for a free initial consultation about your legal rights and possible defenses.