If you’ve ever wondered what your rights are regarding being stopped by the police, then you’re not alone. Many people are unclear about what legal rights they have in this situation. We’re going to shed some light on when the police have a legal right to pull you over and when they do not.
When cops pull you over, it can cause all sorts of problems. If you have drugs in the car, you may end up with criminal charges against you. Police need a reason to pull you over. If they pull you over because they simply “think” you may be breaking the law, you may have the ability to fight any charges that they pin on you.
It’s all about probable cause. The police can pull you over because you were driving erratically, speeding, going too slow, and much more.
You have rights when you’re pulled over. An Officer can ask for consent to search your vehicle. You have the right to tell them, “No.” If they ignore you and search your vehicle anyway, it is an illegal search. This also means that anything that they find during this search can potentially be suppressed because it was found illegally. This can greatly aid in your criminal defense.
It’s important that you know your rights. You are required to show a handgun license if you have one. If a police officer asks you to step out of your car, you are required to do so.
The police will not, generally, pull you over for no reason. A “spot check” is unconstitutional. For example, an officer cannot simply stop you for no reason and then charge you with a criminal offense. If this “spot check” happens to you then you can fight the charges.
Ultimately, it comes down to knowing that you have rights. If you were charged with a crime after being pulled over by a police officer, there may be a defense you can use.
At Gebhardt and Eppes, PLLC, we can help create a complete criminal defense for your case. If the police pulled you over illegally or performed an illegal search and seizure, there may be a way to fight the charges that you are currently faced with. Call us today so we can discuss your case in detail.
