• Just say "No"- After approaching a driver, officers often ask "do you know how fast you were going" or "do you know why I'm pulling you over" or something similar. Motorist should be aware that any response can later be used against you if you decide to challenge the ticket. For example, if you say "I was going too fast", you have just admitted to breaking the speeding limit and your admission can be used against you in court. The safest answer is to reply "no officer".


• The Supreme Court has held that as a matter of officer safety, a police officer can ask any and all occupants in a vehicle to step out of the car regardless of what the traffic stop is for, even if it is for a minor offense. If an officer pulls you over and orders you out of the vehicle, comply with the order, otherwise the officer is legally justified in arresting you.


• Even though an officer can order you out of the car, it does not mean that he or she can automatically search you. An officer must have reasonable suspicion that you are armed. Even if the officer has reasonable suspicion, however, he or she can only pat down the outside of your clothing. The officer can only reach into pockets or inside of clothing only if the officer feels something that could be a weapon.


• An officer can search your vehicle only with probable cause of a crime other than a minor traffic violation, but no probable cause is needed if you consent to the search. Officers rarely out right ask "can I search your vehicle?" The issue of consent is usually phrased with more subtlety and in a way that lends itself to an affirmative answer. For example, an officer may say "you don't mind if I search your car?" as he or she opens the car door or leans into a vehicle. If you do not want an officer to search your vehicle, pay close attention to what the officer is saying and politely but unequivocally state that you do not consent. Wishy-washy statements like "I would prefer that you didn't" are not enough. An officer may follow up by saying something akin to "you have something to hide?" Once again, politely state your refusal. The officer cannot use your assertion of your rights as the basis of probable cause.


• Handcuffing or a lengthy detention (usually over 15 minutes) can trigger your right to an attorney. If you are unsure if you are being detained passed the time of a routine traffic stop, politely ask the officer "Am I free to go"? If he or she responds with a "No" then clearly state that you want to talk to an attorney.


• Any physical resistance to an officer's actions, whether the actions are legal or not, can be considered an assault on an officer and can create probable cause for an arrest where no probable cause existed before.


• Videotaping traffic stops is an emerging issue and the legality of it can depend on the state where the stop occurs. Generally, because traffic stops happen in public, citizens have the right to tape them. If you decide to tape an officer during a stop, do not suddenly reach for your phone in front of the officer and do not keep the phone in the officer's face. If you are ordered out of the vehicle do not approach the officer from behind to videotape his or her actions. All of this can be perceived as a safety threat and the officer may be legally justified in restraining you. Place the camera on the dash board if possible. While you may be legally within your right to tape the officer, the practical benefits of videotaping are debatable. Officers often are less likely to give someone who is videotaping them a break because they do not want to appear too lenient on camera.


• Stay calm and polite. While this is not legal advice and you technically have the right to speak your displeasure about the situation as you want, practically speaking, being aggressive during a traffic stop can just make a tense situation even tenser. The power dynamics in a traffic stop are overwhelmingly in favor of the officer. The only remedy that exists for citizens whose rights are violated is to seek civil redress after the fact.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

DISCLAIMER: Justice360° Legal Bulletin’s are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360° LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.