Those blue lights are lit up behind you, and it’s time to pull over. The moment that every driver can’t feel their toes and wonder what they did to be pulled over. Whether you know why you’re being pulled over or not, the best thing to do is stay calm, be respectful, and know your rights.
What to Do During a Traffic Stop?
Being stopped by the police is nerve-wracking, even if you know that you’ve done nothing wrong.
If you are stopped, you are legally required to give them:
- Your name
- Driver’s license
- Insurance
- Registration
To ensure the traffic stop goes as smoothly as possible, you should:
- Pull over to a safe location as soon as possible
- Turn off the ignition
- Keep your hands visible by placing them on the wheel
- Comply with their request for your vital information
- Remember your right to remain silent
You are required to identify yourself, and provide the necessary information, but you are not required to answer any other questions. Even questions that seem simple and harmless can accidentally incriminate you during a stop. If the stop escalates into an arrest, remain calm and cooperate with the officer.
When Can a Police Officer Pull You Over?
Traffic stops are one of the most common police encounters with the two main stops being Probable cause and reasonable suspicion.
Probable Cause: One of the most common and routine stops that officers use when the officer says that there is probable cause to believe a driver has broken some kind of traffic law, such as speeding, equipment violations, or unregistered plates.
Reasonable Suspicion: Officers have a reasonable suspicion based on witnessed factors that a driver may be committing an offense. While suspicions alone may not be enough to give an officer reasonable suspicion the totality of the circumstances may be enough for the officer to initiate a traffic stop under the standard.
These stops should be studied closely by a Milwaukee criminal defense lawyer to challenge the legality of the stop.
A good portion of traffic stops result in additional criminal charges after the search and arrest of the vehicle’s occupants. However, most criminal charges from these stops are often unjustifiable because of constitutional violations before, during, or after the stop. With the right criminal defense lawyer, these charges can be contested in Wisconsin court.
When Can I Police Officer Search Your Vehicle?
Traffic stops based on probable cause or reasonable suspicion are based off of the actions that you made as a driver that the officer witnessed. Without those actions, being pulled over is considered a warrantless seizure. The Fourth Amendment prohibits law enforcement from unreasonably searching or seizing either a person or their belongings.
Although just because a traffic stop was legally justifiable does not mean that law enforcement has the right to search your vehicle or personal belongings. Any evidence that came from these illegal searches has to be excluded from judicial consideration. Meaning if you were arrested due to “evidence” that was gathered during an illegal search, don't resist arrest and when the time comes your legal team will contest that “evidence.”
What to Do If You Feel Your Rights Were Violated?
The Fourth Amendment provides many protections against the various forms of intrusive police conduct. In Wisconsin, your vehicle can be searched if officers have probable cause that they will find evidence of a crime within the vehicle. A simple traffic stop is not enough for that search. Even if they have probable cause to search it, if they request consent to search and you give that consent you cannot challenge the probable cause later in court. It’s always a good idea to deny consent, because even if they search the vehicle it won’t be based on your permission. Protecting yourself from self incrimination and warrantless seizures starts with your Sixth Amendment rights. You are guaranteed legal counsel. Exercise those rights.
Know Your Rights, Keep Your Freedom | Schiro Criminal Defense
Traffic stops can go from bad to worse very quickly. It is important to exercise your rights calmly and respectfully. While remembering it's the officer’s job to maintain de-escalation tactics. AS with any interaction with law enforcement, you cannot assume offers will respect your rights or appreciate you exercising those rights. If you’ve been charged with a traffic offense or a criminal offense from a Wisconsin traffic stop you can turn to us during this challenging time. Contact Schiro Criminal Defense online or by calling (414) 277-9696 so we can fight for your rights!
