What are your rights if you are involved in a traffic stop?

If the police pull you over in Kentucky, remain calm and keep your hands in such a way that officers can easily see them. When you are being approached by the police, you don’t want to argue with them, but keep in mind that you do have certain rights.

Your rights during a traffic stop

Police legally cannot require you to explicitly tell them your immigration status, where you are driving from, where you’re headed or what you are doing. If you want to exercise your Miranda rights, you need to announce this directly to the police officers. Ideally, you should do this even if you haven’t done anything wrong because police might use what you tell them to incriminate you. Lying to the police is a criminal act, but it is not illegal to stay silent.

However, this does not mean the police will not ask you any questions. You can volunteer information if you think it’s relevant. If you choose to do this, you need to be aware that you’re waiving your personal right to remain silent.

Once you’ve talked to the police officers, you may be able to go your own way. If they tell you that you are not free to go and detain you, it is important that you remain calm. In most cases, resisting arrest in and of itself is a crime. However, it is still your right to understand what you are being arrested for. You have a right to ask them about the crime they are arresting you for.

If you think that your rights are being violated during a traffic stop, take notice of certain details, such as the officer’s badge number and name, so that you can file a police misconduct claim later on.

Can a police officer search you?

The police are not allowed to search you if you are not under arrest or if they lack a search warrant. If you do not consent to a search and they do it regardless, whatever they find that could be used as evidence may be dismissed. Warrantless searches are not permitted due to the Fourth Amendment of the U.S. Constitution.

If you get stopped by the police during a routine traffic stop, it is vital that you remember your rights. You always have the right to remain silent and consult a criminal defense attorney if police arrest you.