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The Tigers' Print Middlebury Union High School Middlebury, VT
Issue Date: Thursday, March 14, 2013 Issue: March 13, 2013 Last Update: Sunday, March 17, 2013

At-a-glance

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You’re in the car with your friends listening to music and enjoying the car ride. Suddenly you see blue strobe lights. You have been pulled over by a state trooper.

What are your rights? Could you name them?

I was recently in this situation; I was in a car when it was pulled over for a traffic violation. The police officer claimed the car had a smell that he thought resembled either marijuana or a new car interior. He searched the car. We were let go after the officer completed his search and discovered nothing illegal. Still, I realized that none of us were aware of our rights, and wouldn't have known if the state trooper had violated them.

Once he or she suspects you have committed a traffic violation, a police officer is allowed to pull you over. When you notice flashing lights or hear a siren, you should pull over to the right. If you do not pull over, you can be charged with attempting to evade a police officer.

After pulling you over, the police officer typically exits his or her vehicle and approaches your car. Although the looming interaction may seem uneventful from behind the steering wheel, police officers approach them with extreme caution. Seven out of ten on-duty police officer deaths occur at traffic stops. 

According to Flex Your Rights.org, there are some common courtesies that you should perform before a police officer approaches the vehicle. They can make the officer more comfortable. The Web site recommends you turn off your car and place your hands on the steering wheel. If you have been pulled over at night, turn on an interior light. This allows the officer to see you and your hands. The Web site advises against talking back to a police officer, and says you should never assert aggressive behavior. Either one could turn a routine interaction into a confrontation.

At this point in a traffic stop the police officer typically asks if you know why you have been pulled over. You don’t have to answer this directly. A “no” is enough of an answer. If the police officer has asked if you have been speeding or committed another violation, and you say “yes,” your admission could be used against you in court. 

But to some officers, a motorist who does not admit to a violation he or she clearly committed is signaling a lack of honesty. It's possible your response could increase your chances of getting a ticket. When you say “no,” an officer may think, “‘Are you going to play games with me?’ This question is how we check your honesty,” said Middlebury Town Police Officer Scott Fisher, the former school resource officer. 

The officer will always ask to see your license, insurance information, and registration. This is the appropriate time to get your documents, not while the officer is approaching your car. You are required to provide these documents to the police officer, and he or she typically takes them back to the patrol car.

If a police officer suspects you of harboring illegal substances in your vehicle, he or she may ask to search your car. You have the right to refuse a search, and if you do, an officer cannot conduct a search without a warrant. But there is an exception. If you refuse to have your car searched, and the officer believes he or she has "probable cause," the officer can seize your car. A judge might give the officer a warrant based on the evidence found in the search.

Probable cause is a legal threshold that motorists can, and frequently do, challenge in court. Generally, an officer could cite as probable cause a marijuana pipe that he or she had a clear view of in the back seat, or plastic bags that were in the car and might be used to transport drugs. Any illegal substances in plain view can be seized by the police.

If the officer smells something in the car, or suspects that illegal substances are being harbored in the car, he or she can call in a drug-sniffing dog. Canine units are used to establish probable cause, and if the dog smells drugs and alerts, the police may impound your car and apply for a warrant. 

A police officer cannot detain you for an unreasonable amount of time, and here again, the rules are not as clear as you might like. If a canine unit does not show up in a reasonable amount of time, the officer should not detain you any longer. But what is a reasonable amount of time?

If you feel the officer has no probable cause to detain you, and is asking you questions that are unrelated to the reason he or she pulled you over originally, you should ask if you are free to go. You may end an encounter with a police officer at any time if you are not detained. Know Your Rights.org recommends you phrase the question, “Officer, am I detained or am I free to go?” If you are detained, you cannot leave the scene.

A police officer can also search you or your passengers. There are two types of searches. A pat down is a search for weapons, and involves the officer touching the outside of your clothing looking for hard objects. An officer will remove any hard objects from your pockets, but cannot open them or search you further. 

You cannot refuse a pat down. Middlebury Police Officer Chris Mason, the new School Resource Officer, said pat downs are "purely for the officer’s safety.” A full body search is conducted only if an officer suspects you of harboring drugs or other illegal substance. An officer must have your consent to do a full body search, unless you are under arrest, in which case you may not refuse.

If you refuse to be searched, do so verbally and not physically. Any physical resistance is considered assaulting a police officer. 

A police officer may ask you to step out of the vehicle, and you are required to comply, as long as he or she provides a reason.

Most students at the high school are under 18, and therefore not legally adults. Does the process differ if you are a juvenile? Not by much. If you are 16 or 17, a traffic stop will follow the same process. If you are arrested, however, the police probably will not take your fingerprints. Court and legal procedures after an arrest are different for adults and juveniles.

Now that you know your rights during a traffic stop, you can protect your privacy. Being informed also will make a traffic stop run more smoothly for the officer that pulled you over and for passengers in your car. For more information, speak to a police officer, lawyer, or visit legal sites online.

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