What Are Your Rights When Pulled Over by Police in Brazos County?

When Will You Need a Criminal Defense Attorney?

If you’re facing a criminal charge in or near Brazos County because the police stopped you in traffic and searched your vehicle, you need the representation and advice that a Brazos County criminal defense attorney will provide, and you must contact that attorney immediately.

It can happen to anyone who drives. A law enforcement officer pulls you over in traffic and starts asking questions. When this happens, what are your rights? Can the police search your vehicle without your permission?

When May the Police Stop You in Traffic?

To search your home, vehicle, or workplace, the police usually need a search warrant, but in traffic, the police need only “reasonable suspicion” to pull you over. To search your vehicle, however, police officers need a search warrant or “probable cause.”

Reasonable suspicion lets the police stop you in traffic, but to search your vehicle or arrest you, probable cause is required. Probable cause is a police officer’s inescapable conviction, based on evidence and circumstances, that a crime has happened, is happening, or will happen.

How is “Probable Cause” Defined?

A DWI stop is a good illustration. If a police officer believes you’re driving while intoxicated, reasonable suspicion allows that officer to conduct a field sobriety or breathalyzer test. Probable cause, however, is established only if those test results suggest intoxication.

Probable cause requires police officers, before they conduct a vehicle search or make an arrest, to have evidence that a driver is involved in a crime. Seeing stolen items or illegal guns or drugs in your vehicle, for example, gives law enforcement officers probable cause.

A feeling, hunch, or suspicion is insufficient to constitute probable cause. Additionally, minor violations – like a busted headlight or an expired vehicle registration – do not provide the police with adequate probable cause to conduct a vehicle search.

How Should You Respond to a Traffic Stop?

Police officers know how to exploit legal exceptions and loopholes to establish probable cause and conduct a search of your vehicle. Don’t let the police trick or bully you into failing to exercise your rights.

If the police pull you over in traffic, move safely off the street, turn the ignition off, turn off any audio system, and place your hands on your steering wheel. Officers need to see your hands for their own protection, so don’t reach for your registration or license until the officer asks for them.

Be polite, and be as friendly and cooperative as possible. Don’t be loud, use inappropriate language, or express “attitude.” Don’t be provocative or hostile. If you get ticketed, take the ticket without argument or complaint.

Were the Police Wrong?

If you believe the police were wrong to stop or ticket you, you will have the opportunity to make that argument before a judge. Don’t dispute or argue with the police officer who stops you and writes the ticket.

When a police officer pulls you over in traffic, you have the right to remain silent. You can respond to questions by saying something such as, “I prefer to exercise my right to remain silent until my lawyer is present,” and say no more. What you don’t say can’t hurt you.

Avoid saying something like, “I know my rights.” A law enforcement officer may perceive such a statement as a challenge or provocation. Being humble, quiet, and polite is the way to handle a traffic stop.

Do Not Consent to a Vehicle Search

At a traffic stop, the police may tell you (and any passengers you may have) to get out of the vehicle. Comply with the officer. If police officers have probable cause to detain you, they may frisk you for weapons if they believe you may be armed.

Never resist a police officer physically. Even touching an officer could get you charged with a felony: assaulting a law enforcement officer. If an officer asks to search your vehicle, politely say something like, “I’m sorry, but I do not give you my permission to search my vehicle.”

Don’t be intimidated if an officer says, “Are you hiding something?” Instead, simply repeat that you do not consent to the search. But with or without your permission, the police may conduct a vehicle search if they have probable cause.

What is a Motion to Suppress?

Your refusal to consent to a vehicle search does not constitute evidence or an admission of your guilt.

If the police conduct a search of your vehicle without probable cause and find contraband items or evidence of criminal activity, your Brazos County criminal defense lawyer can file a “motion to suppress” that evidence so it can’t be used against you.

If a Texas judge determines the police violated your rights, the motion will be granted, and unless the prosecution has additional evidence against you, the charge may be dropped or dismissed.

What More Should You Know About Traffic Stops and Your Rights?

When the police return your registration, license, and proof of insurance, unless an officer says you are being detained or arrested, ask if you’re free to go. If you are, leave the area immediately.

Don’t rely on police officers to read your rights. Whether or not you are under arrest and whether or not the police read your rights, you have the right to remain silent at all times. If an officer detains you, tell the officer you’re exercising your right to remain silent and want to consult your lawyer.

When you know how the police deal with traffic stops, you have a better chance of driving away from a traffic stop without being arrested. If, for any reason, the police arrest you at a traffic stop in Brazos County, contact a Brazos County criminal defense attorney at once.

Let Shane Phelps Law Advocate on Your Behalf

At Shane Phelps Law, award-winning Texas attorney Shane Phelps leads a team of defense lawyers committed to winning justice for our clients. If you’re facing a criminal charge after a traffic stop or an illegal search, we can help.

A Brazos County criminal defense lawyer at Shane Phelps Law will investigate what happened, determine if the police violated your rights, and bring the matter to its best possible resolution.

We are experienced defense attorneys who represent clients charged with both felonies and misdemeanors. If you’re charged with a crime, call Shane Phelps Law as quickly as possible – at 979-596-6843 – to schedule your first legal consultation with no cost or obligation.