What Are My Rights During a Traffic Stop?
Traffic stops in Texas often begin because of a law enforcement officer’s belief that a traffic violation has been committed, or that a motorist is driving under the influence of alcohol or drugs. However, traffic stops can quickly become more problematic for drivers, especially if a search of the vehicle results in a law enforcement officer finding a controlled substance, for example, or a type of weapon that is banned under Texas law. Yet in many circumstances, subsequent searches of vehicles following traffic stops occur unlawfully in violation of the Fourth Amendment to the US Constitution, or they happen because the driver gives permission, believing they are required to do so. However, if you are asked to consent to a search of your vehicle, you are not required to do so.
If you are stopped, it is critical to understand your rights, as well as your obligations under Texas law. What requests are you permitted to refuse? And what questions must you agree to answer or comply with during a Texas traffic stop? An experienced Texas criminal defense attorney can explain in more detail.
What Are Your Rights During a Traffic Stop in Texas?
If a law enforcement vehicle pulls up behind you and flashes its lights, indicating that you must stop, you are required to stop. Yet once you have pulled over, it is critical to know that you have several rights that you can exercise.
Aside from supplying certain identifying information (which we will explain below), you have the right to decline to answer questions the law enforcement officer asks you.
Often, during a traffic stop, a law enforcement officer will ask you if you will consent to a search of your vehicle. The law enforcement officer might even suggest that consenting to a search can give you an opportunity to prove that you do not have anything illegal in your vehicle. It is critical to know that you do not have to consent to a search of your vehicle. Under the Fourth Amendment, a law enforcement officer must have reasonable suspicion to make a stop, and then must have a heightened standard of probable cause to conduct a warrantless search. Without probable cause and without a warrant, your vehicle cannot be searched unless you consent to it, and you do not have to consent. To be very clear, you have the right to decline a request to search your vehicle.
You also have the right to be stopped only for a reasonable amount of time. When you are stopped, you also have the right to ask the law enforcement officer if you are free to leave.
What Does Texas Law Require You to Do During a Traffic Stop?
If you are stopped, you only have certain obligations. You must provide your driver’s license when you are pulled over. If you are arrested, you are required to provide identifying information including your name, date of birth, and residential address.
Contact a Texas Criminal Defense Lawyer Today for Assistance
If you were arrested following a traffic stop, it is essential to seek legal advice as soon as possible in order to determine your options for building a defense. The best defense strategies are tailored to the facts of the case, and an experienced Texas criminal defense attorney at John Reed, Attorney at Law can speak with you today about developing a defense to any charges you are facing in the aftermath of a traffic stop. Contact us today to have your questions answered and to begin working on your defense strategy.
