Traffic Stops Philadelphia, Vehicle Searches PA

Traffic Violations Lawyer PA, Philadelphia Traffic Stop Search Rights

Philadelphia Traffic Violations Attorney Mark D. Hauser has be fighting traffic tickets and speeding violations in Philadelphia traffic court for 14 years. He has aided many with speeding violations and other traffic citations avoid a license suspension or harmful points.

What to Do When You Are Pulled Over by the Police

Learn what to say and what not to say and when vehicle searches are legal.

Your battle to beat a ticket begins the instant you realize you're being stopped by a police officer. You will be in a much better position to challenge your ticket in court if you take a few simple steps when you are pulled over. Here are some suggestions.

1. When You See the Police Car

   If a police car is following you with its siren blaring or emergency lights flashing, pull over to the right safely and quickly. Pull over in a way that will be most likely to calm down an angry or annoyed traffic officer. Use your turn signal to indicate any lane changes from left to right, and slow down fairly quickly, but not so quickly that the officer will have to brake to avoid hitting you. Pull over as far to the right as possible so that, when the officer comes up to your window, he won't have to worry about being clipped by vehicles in the right lane.

   By stopping as soon as you can, you'll have a better chance of figuring out exactly where the officer says you committed a violation. You may want to return to that area later to make sure the officer was telling the truth about how he judged your speed, saw your turn, or witnessed any other violation.

2. Right After You Stop

   After you've pulled over to a safe spot, you might want to show the officer a few other token courtesies. At this point, you have little to lose and perhaps something to gain.

   First off, roll down your window all the way. You may also want to turn off the engine, place your hands on the steering wheel, and, if it's dark, turn on your interior light. This will tend to allay any fears the officer may have. (After all, police officers are killed every day in such "ordinary" traffic-stop situations, and the officer's approach to the vehicle is the potentially most dangerous.)

   Don't start rummaging through your back pocket for your wallet and license, or in your glove compartment for your registration, until the officer asks you for them. For all he knows, you could be reaching for a gun.

   If you are at all concerned that the person who stopped you is not actually a police officer (for example, if the car that pulled you over is unmarked), you should ask to see the officer's photo identification along with his badge. If you still have doubts, you can ask that the officer to call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station.

3. Avoid Giving the Officer an Excuse to Search

   A police officer is normally not allowed to search your vehicle. However, there are several exceptions to this. An officer who observes you trying to either hide something under the seat or throw something out the window may legally search your car. Once the cop is on your rear bumper with his spotlight silhouetting your every move, he's watching for any sort of furtive movement. A sudden lowering of one or both shoulders will tip him off that you're attempting to hide something under the seat.

   If the officer has a reasonable suspicion you are armed and dangerous, she can frisk (pat down) you. Similarly, if the officer reasonably suspects that you are involved in criminal activity she can also perform a pat down. And if the police officer has probable cause -- a reasonable basis or justification to believe that you or your passengers are involved in criminal activity -- they can search your car and objects belonging to passengers.

   Even if the officer doesn't have reasonable suspicion or probable cause, once you are stopped, a police officer may seize any illegal objects in your car that are in "plain view." Once they see the object, such as open beer or wine bottles or drug paraphernalia, they can open the car door to reach in and get it. After that, they may come across other objects that are in plain view and shouldn't be in your car, and they can seize these, too.

   Lastly, your car may also be searched if you or any occupant is arrested. Also, if you're arrested and your car is towed, the police may make an "inventory search" afterward, even if they have no reason to suspect there is anything illegal inside.

4. Should You Get Out of Your Car?

   An officer who stops you for an alleged traffic violation has the right to insist that you and your passengers get out of your car. You should do so if asked. Also, getting out of your car may make it easier for you to check road conditions, the weather, and the place the violation supposedly occurred.

   However, many police officers prefer that you stay in your car and will tell you to stay there if you start to get out. If this happens, obviously you should cooperate. If you get out of the car against the officer's orders, don't be surprised to see a gun pointing at you. Cops are trained to expect the worst. When you get out of your car, they may assume you're about to pull a weapon or attempt to flee.

   If an officer has any reason to believe that you might be dangerous, he has a right to conduct a quick "pat-down" search of your outer clothing while he is standing next to you, to make sure you don't have a concealed knife or gun. If the officer feels any weapon-sized object during the pat-down search, he can reach in and get it. Also, the officer's good faith belief that you may be dangerous justifies a search of the passenger compartment of your car for weapons.

5. Talking to the Officer

   Many people stopped by an officer make the mistake of saying the wrong thing to him and failing to say the right things. And a case can be won or lost depending on what you say -- or don't say -- to the officer.

   Don't speak first. Especially don't start off with a defensive or hostile "What's the problem?" or similar words. Let the officer start talking. He will probably ask to see your license and vehicle registration. Many people make the mistake of insisting the officer tell them why he stopped them before they'll comply. Don't make that mistake. Reply "okay" or "sure," then hand over the documents.

   One of the first things traffic cops learn in the police academy is to decide, before leaving their vehicle, whether they're going to give a ticket or just a warning. They may act as though they still haven't made up their minds and are going to let you off only if you'll cooperate. Don't fall for this. The hesitating officer may be trying to appear open-minded in order to extract admissions out of you, to use them against you in court if necessary. The strategy is to try to get you to admit either that you committed a violation or that you were so careless, inattentive, or negligent that you don't know whether you did or not.

   The officer might start by asking you the sort of question whose lack of a definite answer would imply guilt, like, "Do you know why I stopped you?" Or, he might ask, "Do you know how fast you were going?" Your answers, if any, should be non-committal and brief, like a simple "No" to the first question or a very confident, "Yes, I do," to the second. If he then tells you how fast he thinks you were going or what he thinks you did, don't argue. Give a noncommittal answer, like, "I see," or no answer at all. Silence is not an admission of guilt and cannot be used against you in court.

If You're Stopped by the Police: FAQ

What's legal and what's not? Answers to frequently asked questions on traffic stops, roadblocks and searches.

What should I do if a police officer pulls me over?

Remain as calm as possible, and pull over to the side of the road as quickly and safely as you can. Roll down your window, but stay in the car -- don't get out unless the officer directs you to do so. It's a good idea to turn on the interior light, turn off the engine, put your keys on the dash and place your hands on top of the steering wheel. In short, make yourself visible and do nothing that can be mistaken for a dangerous move. For example, don't reach for a purse or backpack or open the glove box unless you've asked the officer's permission, even if you are just looking for your license and registration card. The officer may think you're reaching for a weapon.

When the officer approaches your window, you may want to ask (with all the politeness you can muster) why you were stopped. If you are at all concerned that the person who stopped you is not actually a police officer (for example, if the car that pulled you over is unmarked), you should ask to see the officer's photo identification along with her badge. If you still have doubts, you can ask that the officer call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station.

If a law enforcement officer suspects that a passenger is conducting any illegal activity or holding contraband, the officer has the right to search that passenger and his or her belongings.

If my car is towed and impounded, can the police search it?

Yes. If your car is impounded, the police are allowed to conduct a thorough search of it, including its trunk and any closed containers that they find inside. This is true even if your car was towed after you parked it illegally, or if the police recover your car after it is stolen.

The police are required, however, to follow fair and standardized procedures when they search your car, and may not stop you and impound your car simply to perform a search.

I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?

Yes, as long as the police use a neutral policy when stopping cars (such as stopping all cars or stopping every third car) and minimize any inconvenience to you and the other drivers. The police can't single out your car at a roadblock unless they have good reason to believe that you've broken the law.

If a police officer pulls me over, can she search my car?

Yes, if the officer reasonably suspects criminal activity or if she fears for her safety. A solid hunch is all that's required, and the search may be valid even if the real reason behind the officer's decision to enforce a traffic law was her feeling that you were doing something illegal.

If the officer has reason to think that you pose a danger to her safety, she is allowed to search you and the immediate area around you (this may include the passenger compartment of your car and its contents -- such as bags or a briefcase -- and your glove compartment). For example, a driver who is belligerent and threatening might be asked to step out of the car for a pat-down while the passenger compartment, including a duffel bag, is searched for weapons.

For information on driving under the influence, DUI

Traffic Stops and Roadblocks FAQ

Q : Can the police pull me over in a roadblock and demand to check my license and registration?

A : The U.S. Supreme Court has said that such roadblocks do not constitute an unreasonable search as long as police stop all the cars passing through the roadblock or follow some neutral policy, such as stopping every fourth car. The police can't single out your car unless they have an articulable suspicion that you don't have your driver's license, your vehicle is unregistered, or that you or your car are otherwise seizable for violating the law.

Q : Is it legal to design a roadblock to catch drunk drivers?

A : Yes, provided the selection of vehicles to be stopped is not arbitrary and it minimizes the inconvenience to drivers. Courts have upheld such roadblocks as constitutional. States' legislatures disagree, however, about whether the prosecution needs to show that a roadblock is the least intrusive way to enforce drunk driving laws. Also, some states require that the ranking police officer who supervised a roadblock testify at the offender's trial.

Q : I got stuck in a speed trap. What can I do about it?

A : If the speed limit was clearly marked and you were exceeding it grit your teeth and pay the fine. If you think you've been unfairly prosecuted, you might report the trap to your auto club or state authorities to spare other drivers the same expense.

Q : I was stopped for speeding by a radar gun. Do those things work?

A : Courts today regularly take judicial notice of the ability of radar to measure accurately vehicular speeds. That doesn't mean that you can't try to prove that the particular radar gun in your case was poorly maintained or that its operator misread the results or was inadequately trained to use the device, but it is an uphill fight.

Vehicle Searches FAQ

Q : Suppose the officer wants to search my car?

A : Ask why the officer wants to conduct a search. If you have absolutely nothing to hide, expediency might dictate that you let the search proceed. If you don't want the search to proceed, you do not have to consent. Usually, the officer is not permitted to conduct the search unless you consent, the officer has probable cause (see below), or the officer reasonably believes that he must search the auto for his or her own protection. Ask courteously whether the officer has a search warrant or if you are under arrest. If the officer replies that you are under arrest, ask for an explanation.

Q : What if the officer insists on searching my car?

A : Don't interfere. You can always challenge the legitimacy of the search later in court.

Q : Can the police legitimately search my vehicle without a warrant?

A : That depends on the circumstances. The police would not usually have the right to search your automobile when you are stopped only for a minor traffic offense such as speeding, but if the violation requires that you be taken into custody (for example, a "Driving Under the Influence" [DUI] arrest or driving with a suspended license), the search would generally be permitted. If the officer has arrested you, the officer does not need a warrant to pat down your body in searching for weapons.

In general, when an arrest is not involved, the police have more latitude to search a vehicle than to search a home. The U.S. Supreme Court recognizes an automobile exception to the Fourth Amendment's protection against warrantless searches. The Court has held that a person expects less privacy in an automobile than at home. (No one ever said "A man's Chevy is his castle.") The rationale for permitting warrantless searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. For a warrantless search to be valid, however, the officer must have probable cause.

Q : What is probable cause?

A : Probable cause, in this context, is a reasonable basis for the officer to believe that the vehicle contains incriminating evidence, so that the officer is legally justified in searching it.

Q : What part of the vehicle may the police search if they have probable cause?

A : Generally, the police officer may search the immediate area at the driver's command, that is, under and around the front seat. The law is always changing. Sometimes state constitutions offer greater protection against searches than the U.S. Constitution. Therefore, if you have questions about a search the police have made of your vehicle, it is best to consult a lawyer in your state

Q : May the officer search in my glove compartment?

A : Yes, the Supreme Court has held that such a warrantless search is permissible. The reason is that the glove compartment is within the arrested driver's reach.

Q : May the officer search a closed container inside my car?

A : Police are permitted to search containers or packages found during a legitimate warrantless search of a vehicle. The container must be one that might reasonably contain evidence of a crime for which the officer had probable cause to search the vehicle in the first place. In 1982, the Supreme Court ruled that the police do not need a warrant to search closed containers found in the passenger compartment of an automobile whose occupant is under arrest.

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