Do police officers have the right to legally search your vehicle during routine traffic stops?
What are a person’s rights when he or she is arrested or detained for suspicion of a crime?
To educate the public on their rights, the American Civil Liberties Union created a “bust card” to notify citizens about how to respond when challenged by the police.
Legal experts with the ACLU said it is important citizens understand their rights when dealing with law enforcement officers to ensure they are making informed decisions when being pulled over.
According to their website, the ACLU says if a person is pulled over or detained by the police, he or she should provide identification and proof of insurance. Otherwise, a person is under no legal obligation to talk to the attending officer or agree to a search.
The website also states, if a motorist violates a traffic law by driving erratically or acting suspiciously, the police do have the right to pull them over. If an officer smells marijuana, alcohol or suspects illegal activity, they also have the right to take legal action.
Even if a person has not been drinking or using drugs, if an officer sees any type of paraphernalia of an illegal substance on your car seat or in plain view, the officer may believe there is probable cause to search your vehicle, the website said.
ACLU experts also said, if someone is pulled over for a traffic violation such as a broken taillight, speeding or improper lane changing, the police cannot search their car without probable cause first.
If asked by the police for permission to search a person’s car, the ACLU says a driver has the right to refuse, however, the police may impound the car in order to secure a search warrant to search its contents later.
Tactics legal experts said can be challenged by an attorney in court.
“If the police think you are guilty of a crime, they will say anything to get you talking,” said Lloyd Williams, a 2006 Southern University criminal justice graduate. “They will say you can clear yourself if you confess now, not true.”
According to the Fourth Amendment of the United States Constitution, polices and provisions are in place for every legal citizen that protect an individual’s right to privacy.
These specifications are used to safeguard against “unreasonable searches and seizures by state or federal law enforcement authorities,” to protect an individual’s right to privacy, the law states.
“Don’t try to talk your way out of the situation,” Williams said. “You can’t be punished for appealing your right to be quiet. The only thing you should say is I want to speak with an attorney.”
According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
According to Attorney Ranita Claiborne, a Southern graduate, Search Incident to Arrest, Automobile Exception, Plain View and Consent are exceptions to the general rule of search and seizure.
Claiborne said citizens should keep certain things in mind when dealing with law enforcement.
“Anytime the police legally arrest you during a traffic stop, they can then legally search your physical person and the passenger compartment of the car but not the trunk,” Claiborne said.
However, a legal arrest must take place first, she said.
“The police has to have probable cause to believe that you or the car is carrying any type of illegal contraband, instruments of crime (Automobile Exception),” Claiborne said. “If the police sees something which appears to be illegal or evidence of a crime, and if someone consents to a search of your person or car, the search is of course legal.”