According to a recent Justice Department Report (NCJ242937 at www.bjs.gov), one in every ten American drivers was pulled over for a traffic stop in 2011. Traffic stops are one of the easiest ways for police officers to investigate other offenses. Understanding the legality of the stop can often be the key to whether you have defenses against the other evidence of crimes that were discovered after the stop. This article answers some questions many people have about the validity of traffic stops.
- Are blacks pulled over more than whites?
Yes. The results from a survey cited in the Justice Department Report indicate that black drivers, are in fact, stopped by police more often than white or Hispanic drivers. (The rates were 12.8% of black drivers pulled over, versus 9.8% white and 10.4% Hispanic.)
- Can a police officer stop me because of my race?
Not legally. The Fourth Amendment to the Constitution provides protections from unreasonable search and seizure. An officer must have probable cause to believe that a traffic violation has been committed. If a police officer were to testify the stop was based solely on race, then the stop would be invalid. However, if an officer testifies that the stop was based on his or her observance of a traffic violation, then the stop would be valid, even if the driver believes that the officer has a bias against one race.
- Can I get pulled over for not wearing a seatbelt?
Yes. In California the seatbelt law is primary, meaning that it can be the basis for the stop. In other states, seatbelt laws are secondary, meaning that the car can’t be stopped for the violation of the seatbelt law, but it is an offense that can be added on with other offenses.
- Does the officer have to show me the radar on a speeding?
No. There is no legal requirement for the police officer to show you any evidence when you are stopped for speeding in California.
- Do I have to answer a police officer?
No. You have a right to remain silent, even if an officer has not read you your rights. It is advisable to indicate that you are invoking your Fifth Amendment rights by saying something to the effect of, “I am not saying anything because I am revoking my right to silence.”
For more information about traffic stops or for help in defending a traffic offense or DUI, feel free to consult David Knecht, who is an experienced criminal defense attorney. Davidknechtlaw.com.
