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What Are My Rights During a Traffic Stop in Illinois?
When you see flashing red and blue lights in your rearview mirror and you realize they are flashing for you, it can be a sickening, sinking feeling. Being pulled over by police can be an intimidating experience, even if you have no reason to be worried. It has been proven that most people will do what a police officer tells them for the sole reason that the officer is wearing a uniform, even if they do not believe it is the right thing to do. It is extremely important to remember you do have rights when you are pulled over by a police officer.
Rights When Speaking to Police
Most people have heard about the right to remain silent, but is that always your best option? Sometimes, if a police officer is asking you questions, it is not in your best interest to keep quiet. The right to remain silent is intended to keep you from self-incrimination, but there are other ways to do that. If an officer begins to question you, try answering their question with a question, such as, “Did I do something wrong?,” or, “Am I free to leave?”
Search Without Probable Cause
If a police officer wants to search you or your property, they typically need a warrant before they can do so. The exception to that rule is your car while you are driving. If an officer has pulled you over, they only need what is called “probable cause” to search your vehicle. Probable cause is any fact or evidence that would cause the officer to believe you are involved in criminal activity in some way. Making such a determination is often very subjective, and sometimes results in illegal search and seizure because no probable cause can be established.
An Arlington Heights, IL Criminal Defense Attorney Can Help
When you get pulled over by law enforcement, you may not know what to do, so you follow the officer’s every instruction. In reality, you are not legally required to obey everything an officer tells you to do. If you believe an officer may have violated your rights during a traffic stop, you should immediately contact a Rolling Meadows, IL criminal defense lawyer. Scott F. Anderson, Attorney at Law has been a successful criminal defense lawyer for decades. Contact our office today to discover how we can help you build a strong and successful defense. Call us at 847-253-3400 to schedule a free consultation.
Sources:
https://www.riskology.co/traffic-stop/
https://www.rewire.org/living/pulled-over-police-rights-aclu/
https://www.flexyourrights.org/faqs/when-can-police-search-your-car/
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