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A traffic stop is one of the most common ways people encounter police officers. Sometimes it’s a minor inconvenience, but other times it can escalate into an arrest. Knowing your rights in both situations can make all the difference.
Your Rights During a Traffic Stop
If you’re pulled over, you must provide your license, registration, and proof of insurance. Beyond that, you are not required to answer additional questions. You have the right to remain silent if the officer asks where you’re going, where you’ve been, or whether you’ve had anything to drink.
You also have the right to refuse a search of your vehicle. Unless the officer has probable cause or a warrant, they cannot search without your consent. If they proceed anyway, your attorney may later challenge the legality of that search.
Your Rights During an Arrest
Once you are formally placed under arrest, police must read you your Miranda rights. These include the right to remain silent and the right to an attorney. Anything you say can be used against you in court, which is why remaining silent is often the best strategy.
At this stage, you should clearly state, “I want a lawyer.” Once invoked, police must stop questioning you until your attorney is present.
Key Differences
During a stop, officers have limited authority and must justify extended detainment. During an arrest, their authority increases, but so do your constitutional protections.
Protecting Yourself
- Stay calm and respectful.
- Do not consent to vehicle searches.
- Invoke your right to remain silent.
- Ask for an attorney immediately.
Knowing your rights is the first step in protecting them.
Call to Action:
If you’ve been stopped or arrested and believe your rights were violated, call Clint Perryman at (810) 337-1800 or visit attorneyperryman.com. Don’t face the legal system alone — get experienced defense on your side.
