If you get pulled over by police, remember that the officer is the one in control of the situation. But remember also that you have rights, and the officer cannot simply do anything he or she wants during the stop. Knowing your rights as a driver can help reduce the risk of being charged with crimes stemming from the traffic stop and can help you avoid being taken advantage of by cops.
Law enforcement in Indiana can make a traffic stop in these circumstances:
- Reasonable suspicion — This means a police officer reasonably believes that the vehicle (or its driver or passenger) is involved in criminal activity. For example, an officer might notice that your car matches the description of a vehicle that was spotted at the scene of a crime. Or, you may be weaving between lanes without signaling, making the officer suspect you are driving under the influence of alcohol or drugs.
- Welfare check — Police may sometimes stop vehicles to check on drivers because someone is concerned for the driver’s safety. For example, if a car is parked in front of a home for an hour and the homeowner sees someone inside who isn’t moving, the homeowner could call the police and ask them to come out and see if the driver is ok.
If you are stopped by law enforcement, an officer will likely approach your vehicle. They will be watching for sudden movements, so stay calm with your hands visible. Don’t exit the car unless the officer asks you to step out. The officer may ask questions or give you instructions. This is where it helps to understand your constitutional rights. You have the right to do the following:
- Refuse to consent to a search of your vehicle or your person. If officers ask for consent, it means they do not have probable cause to search, so the only way they can conduct a legal search is if you give permission.
- Remain silent and not answer any questions other than providing your name, driver’s license and proof of insurance.
- Request an attorney before answering any questions.
In addition to knowing these rights, you should also know that drivers are legally obligated to cooperate with law enforcement to a reasonable extent. You must provide your license and insurance upon request. You must exit your vehicle if asked. Failure to do so is a crime. Further, do not argue with the officer or claim that the stop is illegal. Rather, allow the stop to unfold naturally. Your attorney can review the situation afterwards to determine if the officers acted unlawfully and can take appropriate legal action.
The Law Office of Weiss, Schmidgall and Hires, P.C. helps people who believe they were unlawfully stopped and then charged with a crime. Our Indiana criminal defense attorneys are here to protect your constitutional rights. Call our Merrillville office at 219-293-8988 or contact us online to get a free consultation with a lawyer today.
About Victoria Bain joined Weiss, Schmidgall & Hires as an associate attorney in 2023. She is licensed to practice law in both Indiana and Illinois. She is a graduate of the University of Illinois Chicago School of Law and earned her Bachelor of Arts in Political Science from Valparaiso University. Victoria has been practicing law…
For more than twenty years, Christopher Schmidgall has helped individuals and small businesses in Northwest Indiana and the Northern District of Illinois navigate some of the most difficult financial moments of their lives. He takes pride in working closely with clients who are struggling financially, helping them find real solutions and a path toward financial freedom. Chris became a Board Certified Consumer Bankruptcy Specialist through...
Attorney Amanda C. Hires is an experienced Indiana criminal defense attorney serving clients throughout Lake County, Porter County, and Northwest Indiana. She is dedicated to protecting the rights, freedom, and future of individuals facing criminal charges and related legal matters. Amanda provides strategic...
Jessica McPheeters is an attorney licensed to practice law in Indiana, providing legal services in estate planning, probate, real estate, business matters, and civil litigation. She represents individuals, families, and businesses with a practical, results-driven approach focused on clear guidance and effective advocacy. Jessica has significant trial experience and regularly represents clients in complex civil matters. In addition to her private practice...
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