What To Do If You’re Pulled Over This Holiday Season

Knowing your rights during a routine traffic stop is essential. It’s normal to feel nervous, especially at night or in unfamiliar situations. Understanding what officers expect from you and what your rights are can help you navigate the interaction calmly and confidently.

1. The Right to Remain Silent.

Your fundamental right to remain silent comes from the Fifth Amendment of the U.S. Constitution. This right became widely recognized in the landmark Supreme Court case Miranda v. Arizona, which created what many people refer to as the “Miranda Warning.” It states:
(1) You have the right to remain silent.
(2) Anything you say can and will be used against in you a court of law.
(3) You have the right to an attorney. If you cannot afford one, one will be appointed to you.

What it means: This right applies during traffic stops if the interaction escalates and the questioning could lead to self-incrimination. You don’t have to answer unnecessary questions outside the scope of why the officer pulled you like, “Have you been drinking?”

What to say: “Officer, I respectfully choose to remain silent.” Or “Officer, I understand you are doing your job, but I would prefer not to answer any questions.”

Read a prior blog post to learn more about your Miranda Warnings

2. Right to Refuse a Vehicle Search.

We are often asked, “Can I refuse a search during a traffic stop in Mississippi?” Your fundamental right to refuse a vehicle search is protected in the Fourth Amendment to the United States Constitution which established a “reasonable expectation of privacy”.

What it means: If officers lack the necessary probable cause to search your vehicle, they may ask for your consent to search the vehicle. Much like the right to remain silent, you have a fundamental right to refuse consent to a search of your vehicle.

How to respond: “Officer, I do not consent to any searches”

Note: Officers do not need a warrant to search your vehicle. But they do need probable cause that the vehicle may contain evidence of a crime.

3. The Right to Know Why You Were Stopped.

We are often asked, “Can I refuse a search during a traffic stop in Mississippi?” Your fundamental right to refuse a vehicle search is protected in the Fourth Amendment to the United States Constitution which established a “reasonable expectation of privacy”.

What it means: If officers lack the necessary probable cause to search your vehicle, they may ask for your consent to search the vehicle. Much like the right to remain silent, you have a fundamental right to refuse consent to a search of your vehicle.

How to respond: “Officer, I do not consent to any searches”

Note: Officers do not need a warrant to search your vehicle. But they do need probable cause that the vehicle may contain evidence of a crime.

4. The Right to Decline Field Sobriety Tests.

Field sobriety tests (FST) are preliminary assessments conducted by trained (or untrained) officers to evaluate impairment.  

What it means: You are entitled to the legal right to decline these tests during a traffic stop without any legal repercussions. These tests are subjective and can be heavily influenced by medical conditions or environmental factors.

How to respond: “Officer, I respectfully choose not to perform any field sobriety tests.”

To Learn More About DUI’s in Mississippi: https://www.mccormick-lawfirm.com/criminal-defense/driving-under-the-influence-dui/

5. The Right to Refuse Preliminary Breath Tests.

A Preliminary Breath Test (PBT) is a handheld device typically used at the scene of a traffic stop. Much like your right to decline field sobriety tests, you also have a right to decline a PBT.

What it means: Officers use the results of a PBT as evidence to arrest you. If you blow over the legal limit on the PBT, you will usually be arrested for DUI, no matter what other evidence may exist.

What to do: Remain calm and cooperative during the traffic stop but simply state, “Officer, I appreciate what you’re doing, but I would prefer not to take the test.”

Also, read our blog post on how a DUI can impact your Driver’s License.

6. The Right to Record the Interaction.

Recording an interaction with law enforcement during a traffic stop is protected under the First Amendment of the United States Constitution.

What it means: You can record your traffic stop with your phone, as it is completely legal to do so in Mississippi. However, it is important that you don’t interfere with the officer’s job during the traffic stop and that you maintain safety and comply with any lawful orders from the officer.

How to proceed: Keep your hands visible at all times during a traffic stop, and consider informing the officer that you are recording the interaction.

7. The Right to Ask for an Attorney.

This right is found in the Sixth and Fifth Amendments to the U.S. Constitution and ensures that everyone has a right to legal counsel.

What it means: Your right to an attorney during a routine traffic stop does not necessarily apply unless you’re actually detained or arrested. However, there is no requirement that you speak with law enforcement without your attorney. Officers have the right to request items such as your license and insurance, assuming they have a valid reason for stopping you.

How to invoke: If a traffic stop escalates to questioning outside of a traffic violation, you should simply state, “I will not answer any questions without my lawyer present.”

8. The Right to be Treated Respectfully.

Law enforcement officers are bound by professional standards such as fairness, impartiality, and respect.

What it means: Although this right is not grounded in any specific constitutional amendment, the legal foundations mentioned above govern police conduct, protecting you from unreasonable searches and seizures and prohibiting cruel and unusual punishment.

Note: Much like citizens deserve to be treated respectfully by officers, officers also deserve to be treated with respect by citizens.

Final Thoughts

Understanding and asserting your rights during a traffic stop is critical to protecting yourself and ensuring a fair interaction. If you believe your rights have been violated or you need legal assistance after a traffic stop, consult with your experienced criminal defense attorneys at McCormick Lawrence immediately.