Getting Pulled Over/ Traffic Stop in Pensacola.
What do I do when I get pulled over and What can a Cop do at a traffic Stop?
So you’ve been pulled over,…
If you’ve been pulled over by a police officer for a traffic violation. The officer may legally request to see your license and registration and proof of insurance. You should provide them with these documents, but keep your hands in sight. They may only detain you for as long as it takes to write a ticket/citation, unless there is another reason for detention, like your consent. Do not consent to anything above what the law requires you to do. The law does not require you to let them search your car.
Things to look for at a traffic stop from a criminal defense standpoint:
Ask for the reason you were stopped and note the name(s) of the officer(s).
Times- When did you get stopped?
How long did it take them to write the ticket?
When did the traffic stop end?
How long did you have to wait when they were bringing the dog?
Was the ticket written before the dog goy there?
You do not have to let them search the vehicle. Tell them “No!”
You do not have to explain why you say no.
Law enforcement officers can always ask to search the vehicle, and they will search if you let them.
Otherwise, unless you are at the border, or they have probable cause they generally are not allowed to search.
Absent probable cause, the officer cannot legally detain you for any longer than it takes to address the purpose of the traffic stop/ write a ticket.
Law enforcement might question you about why you were pulled you over, or inquire about your destination. But you do not have to answer except for basic identifying information, because you have the right to be left alone (privacy) and to remain silent. If you wish to invoke it, let the officer know.
Tell them to leave you alone, give you your ticket and let me go.
If you don’t know why you’re being detained, you have the right to ask.
Once the officer has issued you a citation or warning, ask him if you’re free to leave.
If The Police Want to Search Your Car
If the police have probable cause to search your car, they don’t need your permission. Absent suspicion, the police can search your car only if you consent to a search.
Do not ever consent. Politely refuse the request and ask if you are free to leave.
If an officer asks you to let a drug dog sniff around the car after you’ve been given a ticket, then he is getting your permission to continue detaining you.
If you agree and/or the dog alerts, they will have probable cause to search your vehicle.
The United states Supreme Court recently ruled in Rodriguez v. United States, that police may not extend or prolong a traffic stop to allow the use of drug-sniffing dogs.
A police officer may legally walk a dog around your car while another officer issues you a ticket, and as long as it doesn’t extend the duration of the stop, they’re in the clear.
Unfortunately, if your rights are being violated, there is little you can do about it on the street. Do not challenge the officer’s or just drive off, this will make it worse. A person in Florida is not allowed to resist an illegal arrest with violence. It will be settled later in Court.
So the dog found my drugs, remain silent and call Chris Rabby.
Whether the search was legitimate or not, you’re probably going to jail.
Now is the time to remain silent, and remember that you don’t have to answer any questions, except for identity questions. See what to do when I get arrested in Pensacola, Florida.
General Traffic Stop Advice:
The facts of a case are sometimes well established by the time you hire a lawyer.
So in advance, plan to limit alcohol consumption or have a designated driver.
Do not give them a reason to pull you over.
Make sure the vehicle is in proper working order (lights),
Obey the traffic rules (use your turn signals),
Do not use a cell phone while driving,
Do not drive naked, or be engaged in activities that create bad driving patterns,
Be especially aware at night.
Call Chris Rabby