Know Your Rights: What To Do And Say When Pulled Over

Learn the rules when interacting with an officer.

We Got You - With police violence against people of color looming large in the news, it’s important to know your rights when interacting with an officer. Here's what you should do and say when you’re pulled over. By Kenrya Rankin Naasel (Photo: Jose Luis Pelaez, Inc./Blend Images/Corbis)

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We Got You - With police violence against people of color looming large in the news, it’s important to know your rights when interacting with an officer. Here's what you should do and say when you’re pulled over. By Kenrya Rankin Naasel (Photo: Jose Luis Pelaez, Inc./Blend Images/Corbis)

Pull over quickly. - Police uniformly say that they turn on their lights when they want you to stop, and choosing to drive until you identify a safe place to pull over could guarantee you a ticket. Plus some states mandate immediate stops. If he is driving in an unmarked car or you have another reason to wonder if he’s really a cop, turn on your hazard lights and find a safe place to stop, then ask to see identification along with his badge. (Photo: Bernd Vogel/Corbis)

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Pull over quickly. - Police uniformly say that they turn on their lights when they want you to stop, and choosing to drive until you identify a safe place to pull over could guarantee you a ticket. Plus some states mandate immediate stops. If he is driving in an unmarked car or you have another reason to wonder if he’s really a cop, turn on your hazard lights and find a safe place to stop, then ask to see identification along with his badge. (Photo: Bernd Vogel/Corbis)

Put your car in park. - This step lets the officer know that you are not going to try to flee. (Photo: RelaXimages/Corbis)

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Put your car in park. - This step lets the officer know that you are not going to try to flee. (Photo: RelaXimages/Corbis)

Photo By Photo: RelaXimages/Corbis

Stay in plain sight. - If it’s dark, turning on your overhead light lets the officer see where your hands are. Do not reach for your documents before he approaches the car — he could assume that you’re looking for a weapon or attempting to hide something. (Photo: Image Source/Corbis)

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Stay in plain sight. - If it’s dark, turning on your overhead light lets the officer see where your hands are. Do not reach for your documents before he approaches the car — he could assume that you’re looking for a weapon or attempting to hide something. (Photo: Image Source/Corbis)

Let down your window and put your hands on the steering wheel. - Don’t let the window down all the way, though — officers have been known to put their heads in the car to look for things “in plain sight” or to say they caught a whiff of alcohol or marijuana. A quarter of the way gives you plenty of room to communicate and hand out your documents. Leave your hands on the steering wheel until he asks you to retrieve your license and registration. (Photo: DreamPictures/Blend Images/Corbis)

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Let down your window and put your hands on the steering wheel. - Don’t let the window down all the way, though — officers have been known to put their heads in the car to look for things “in plain sight” or to say they caught a whiff of alcohol or marijuana. A quarter of the way gives you plenty of room to communicate and hand out your documents. Leave your hands on the steering wheel until he asks you to retrieve your license and registration. (Photo: DreamPictures/Blend Images/Corbis)

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Don’t tell on yourself. - Even if you know you were speeding or that your rear light is out, if the officer asks the typical opening question — “Do you know why I pulled you over?” — say, “No.” You will have trouble fighting a ticket if you admit guilt. Plus, the Fifth Amendment protects you from incriminating yourself.  (Photo: Jose Luis Pelaez, Inc./Blend Images/Corbis)

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Don’t tell on yourself. - Even if you know you were speeding or that your rear light is out, if the officer asks the typical opening question — “Do you know why I pulled you over?” — say, “No.” You will have trouble fighting a ticket if you admit guilt. Plus, the Fifth Amendment protects you from incriminating yourself.  (Photo: Jose Luis Pelaez, Inc./Blend Images/Corbis)

Know that you can be ordered out of your car. - The Supreme Court ruled in 1977 that an officer’s safety outweighs the inconvenience of making you exit the vehicle, and so they can tell you and your passengers to get out of your car without placing you under arrest. Rolling up your windows and locking your doors can help protect you from a subsequent search.  (Photo: Zave Smith/Corbis)

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Know that you can be ordered out of your car. - The Supreme Court ruled in 1977 that an officer’s safety outweighs the inconvenience of making you exit the vehicle, and so they can tell you and your passengers to get out of your car without placing you under arrest. Rolling up your windows and locking your doors can help protect you from a subsequent search.  (Photo: Zave Smith/Corbis)

Record the stop if you feel compelled. - You — and your passengers and passerby — are 100 percent allowed to record your traffic stop as long as the recording doesn't interfere with the investigation and you’re not on private property. And police cannot confiscate or delete your recordings or search through your phone without a warrant. But be careful with making an audio-only recording — if you are in a two-party consent state (where both people on a recording need to give permission to record) the recording could be thrown out in court if you need it. The Hands Up 4 Justice and Cop Watch Video Recorder apps make it easy to record encounters and automatically upload them.  (Photo: Laura Beach/Corbis)

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Record the stop if you feel compelled. - You — and your passengers and passerby — are 100 percent allowed to record your traffic stop as long as the recording doesn't interfere with the investigation and you’re not on private property. And police cannot confiscate or delete your recordings or search through your phone without a warrant. But be careful with making an audio-only recording — if you are in a two-party consent state (where both people on a recording need to give permission to record) the recording could be thrown out in court if you need it. The Hands Up 4 Justice and Cop Watch Video Recorder apps make it easy to record encounters and automatically upload them.  (Photo: Laura Beach/Corbis)

Photo By Photo: Laura Beach/Corbis

Do not consent to a search of your car. - Without a warrant or probable cause (some evidence that you’re involved in criminal activity, such as smelling weed or seeing a gun or an open container of alcohol on the floor), the Fourth Amendment says that police cannot search your car. Even if you don't think there is anything in it that incriminates you, you should always decline a search. The officer might say something like, “Do you mind if I look in your car?” It’s a request, not an order. You can say, “I know you’re doing your job, but I do not consent to you searching my car.” If he presses you or threatens to call a K-9 unit, you should ask, “Am I being detained? Or am I free to go?” The Supreme Court ruled in April that the police may not drag out a routine stop to wait for dogs to arrive. If he searches anyway, anything he finds could be thrown out in court because of an ille...

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Do not consent to a search of your car. - Without a warrant or probable cause (some evidence that you’re involved in criminal activity, such as smelling weed or seeing a gun or an open container of alcohol on the floor), the Fourth Amendment says that police cannot search your car. Even if you don't think there is anything in it that incriminates you, you should always decline a search. The officer might say something like, “Do you mind if I look in your car?” It’s a request, not an order. You can say, “I know you’re doing your job, but I do not consent to you searching my car.” If he presses you or threatens to call a K-9 unit, you should ask, “Am I being detained? Or am I free to go?” The Supreme Court ruled in April that the police may not drag out a routine stop to wait for dogs to arrive. If he searches anyway, anything he finds could be thrown out in court because of an ille...

Consider saving your talking points for court. - If you encounter an officer who seems intent on escalating a confrontation — like the officer who arrested Sandra Bland in Texas — focusing on recording the stop and otherwise gathering evidence might be the thing that helps you make it home.  (Photo: Tim Pannell/Corbis)

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Consider saving your talking points for court. - If you encounter an officer who seems intent on escalating a confrontation — like the officer who arrested Sandra Bland in Texas — focusing on recording the stop and otherwise gathering evidence might be the thing that helps you make it home.  (Photo: Tim Pannell/Corbis)

Photo By Photo: Tim Pannell/Corbis

Remain silent. - If you are arrested, immediately say, “I choose to remain silent and I would like to see an attorney.” Then be quiet.  (Photo: 2/Darrin Klimek/Ocean/Corbis)

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Remain silent. - If you are arrested, immediately say, “I choose to remain silent and I would like to see an attorney.” Then be quiet.  (Photo: 2/Darrin Klimek/Ocean/Corbis)