What is the Best Way to Handle a Traffic Stop?
As an attorney, I get asked all the time how to behave during a traffic stop. It’s the kind of question everyone seems to be curious about. It’s pretty simple. Go with the Golden Rule. Do to the police officer as you would want the police officer to do to you.
Stay Calm During a Traffic Stop
During a traffic stop, you wouldn’t want a police officer to come to your car window with a chip on their shoulder or with an angry attitude. You wouldn’t want a police officer to act like he’s having a bad day when he asks for your license and registration. An officer encounters dozens of people every day. Many of them are not at their best. Police officers are under a lot of stress. Your behavior at a traffic stop can greatly influence the outcome. This starts with you remaining calm, cool, and in control of your emotions. Before a police officer approaches your car, take a deep breath. Relax and be ready to respond to questions or commands without emotion or fear.
Be Predictable During a Traffic Stop
Police officers encounter bad people. Bad people can hurt them. Until they determine whether you’re a threat, they’re going to assume you may be hostile or have a weapon. The best thing you can do is to put their mind at ease even before they approach your car. At the first sign of lights in the rearview, pull over to the side of the road at the first safe place. Don’t hesitate. This is a show of respect.
Once stopped, don’t search for your license and registration. Immediately put your hands on the steering wheel in the “10 and 2” position. Leave your hands in this position, even as the officer approaches. You want the officer to clearly see your hands.
Be Friendly During a Traffic Stop
Keep going with the Golden Rule. When the officer greets you and asks for identification, say hello in a cordial tone and ask for permission to take your hands from the steering wheel to locate your license and registration. This alerts the officer to the fact that you appreciate that he or she needs to feel safe, and that your intend to be cooperative.
Be Responsive During a Traffic Stop
When asked to produce your license and registration, once you have asked for permission to move your hands, tell the officer what your next move is. You can say “I’m going to open my glove box to get my registration, okay?” Once the officer consents, slowly open the glove box and locate your paperwork. Once retrieved, hand it to the officer without making any other movements. Don’t hand them a stack of papers. Hand them only what they have requested, but do it without hesitating. Return your hands to the steering wheel.
Be Protective of Your Rights
If they begin to question you, it’s your choice how to respond. Some people will engage the officer in light conversation to show that they are friendly. This can be risky if you provide too much information. The best legal answer is to plead the fifth, but in reality we all want the officer to see us as a person. We want the officer to not become defensive.
If the officer says something like “What’s the rush?” I’d likely say “No rush” in a friendly tone. If the officer says “Where are you headed?” I’d say “Just errands.” If the officer asks where you live, respond with the address on your license, which is something they know already. The point is to be responsive without providing any detail. If they begin to ask questions that are more probing and personal, it is appropriate to respond with “I’m not comfortable answering more questions. Am I being detained?” This alerts the officer to the fact that you are not going to answer probing questions.
Hopefully, your previous interaction has conditioned the officer to see you as no threat. How they respond to your pushback about their questions is where things can become tricky.
Be Assertive of Your Rights
If an officer becomes aggressive or intimidating, stay calm. Don’t emotionally react to the situation. You may be within your rights but that doesn’t guarantee that the officer will respond positively. Keep your cool. Be ready to respond to any demands without hesitating.
If asked to answer more questions beyond the few simple ones above, and you have communicated your discomfort with answering more, respond with “I am choosing to not answer any questions.” The officer may try to take advantage of a loophole by attempting to get you to say something incriminating or by allowing a search.
Be prepared for an officer to say things such as “If you don’t have anything to hide, there’s nothing to worry about.” or “I’m going to search your car now, okay?” Do not allow yourself to be intimidated into an illegal search. Once you say yes, it becomes a legal search. Assert your right to remain silent and to resist a search.
Don’t become emotional, argumentative, or rub it in the officer’s face that you know your rights.
Start Calm, End Calm
You started the traffic stop with a deep breath as I suggested, right? Well that’s what you should do whenever you feel threatened, intimidated, or pressured. Realize that the traffic stop is only going to end in one of two ways. Either you’ll be allowed to drive away or you’re leaving your car in handcuffs. What happens in between is largely up to you.
If you begin feeling stressed or angry during the traffic stop, stay calm. Breathe deeply. Your goal is for the officer to say “Thank you, have a nice day.” Are you doing or saying anything that isn’t leading to those words? If yes, rethink whatever you’re doing. Start calm, end calm.
There are many sources of legal information available online. The articles and information on our blog and website do not constitute legal advice. We adhere to all confidentiality requirements, but until we have accepted your case, no attorney-client privilege is established. The choice of selecting an attorney is an important personal decision that should be carefully considered. If you need legal advice, please contact an attorney directly. If you would like to find out more about having Getz & Braverman represent you or provide legal advice, contact us on this website or call us at 718-618-5567.
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