When a police officer pulls you over, it’s natural to feel anxious and frustrated. However, keeping your composure is crucial since your constitutional rights are also on the line.
If you’re unaware of your protections under the law, you might unintentionally compromise your defense. To help you know what to do, we will outline the common violations law enforcers commit when stopping drivers on the road.
3 common constitutional rights violations during a traffic stop
When a police officer pulls you over, they must operate within the boundaries of the law. However, some law enforcers overstep those boundaries, violating your constitutional rights in the process. Look out for these three common violations:
- Unreasonable stop: If an officer pulls you over without a legitimate reason, any evidence gathered may be inadmissible in court. For example, if they stop you for “driving suspiciously” even though you did not commit any traffic violation, the stop may be unconstitutional.
- Unlawful detention: A traffic stop can become an unconstitutional seizure if the officer stops you for an unreasonable amount of time. If the officer takes too long to process the stop or asks irrelevant questions, you may be able to argue that the enforcer violated your rights. For instance, if a cop pulled you over for a broken taillight and the officer took hours while asking personal questions, this could be considered an unreasonable detention.
- Unconsented search: If an officer searches your vehicle without your permission, they violate your constitutional rights. They need probable cause, a search warrant, and consent to look inside your car.
If they pressure you into consenting or the officer searches your vehicle without your permission, the evidence they discover may be inadmissible in court. Remember, you can refuse a search and ask for a lawyer.
Stay prepared and know your rights
The examples of constitutional rights violations highlighted in this blog are a sobering reminder of the importance of being prepared. By staying calm and knowing your rights, you can take control of the situation.
Remember, a traffic stop is not a conviction. If you’re facing a traffic violation charge, consider working with a lawyer who can help explain your options and establish a defense.