Articles

How to Handle a Traffic Stop

Introduction

In Massachusetts police have the power to stop motorists for a variety of reasons. The motorist is then asked to produce various documents: a driver's license to prove the legal right to drive; proof of insurance, required in every state to protect persons the driver might injure; and a registration card showing ownership of the vehicle in question. If the police officer has probable cause to believe that a crime has been committed--such as driving under the influence of alcohol, possession of narcotics, or possession of a firearm by a convicted felon--he may search the vehicle. A police officer can also demand that the driver submit to a sobriety test. If the driver refuses, he or she will be arrested. The driver will also be arrested if found to be under the influence of alcohol or drugs.

Traffic Stops and Motorists' Rights

The Fourth Amendment to the Constitution protects against unauthorized searches and seizures of persons and property. The Supreme Court has determined that the stopping of a motorist by police constitutes a seizure for Fourth Amendment purposes. Yet the protection for a motorist is less than that for a person in his or her home because cars are easily moved; if the police had to secure a warrant to search a car, by the time they did so, the vehicle could have disappeared or left their jurisdiction. The motorist does have some Fourth Amendment protections, however, and police are not permitted to stop and search a vehicle with no probable cause. They may use roadblocks to catch drunk drivers and can search vehicles pulled over for a routine traffic stop if something they observe indicates probable cause of a crime--such as narcotics, an open alcohol container, or a firearm in the possession of a convicted felon, in plain view. They can also stop and search a vehicle if they believe it was used in a crime, or someone within the vehicle is wanted in connection with a crime.

In a garden-variety traffic stop, the motorist is pulled over for violating some traffic law and may be issued a citation. The motorist has a right to contest the ticket. A traffic ticket is a not a serious crime of the sort that has long lasting implications on one's record. If the fine is high, however, and will result in the loss of one's license, or a dramatic increase in one's insurance premiums, it may be worth it to fight the ticket. If it's the driver's only offense, or the only one within the last several years, the jurisdiction may offer a deal whereby the infraction is removed from the driver's record after, say, one year, if the driver has no further infractions.

Of greater significance, and posing greater risk to the driver, is a more invasive stop. Any number of factors can lead a police officer to search the driver or the vehicle. Indication that some crime other than the traffic violation has occurred will trigger a search, as can something that suggests the officer may be at risk. This can involve a visible or apparent firearm, evidence of intoxication, narcotics, the presence of stolen property, or indication that the vehicle is stolen. Absent some justifiable reason to detain the motorist beyond the purposes of the stop, courts have held that the officer must allow the motorist to leave or it becomes an illegal detention.

To stop a car that has not violated a traffic law, police must have some reasonable suspicion that the vehicle or its occupants have violated the law. Law enforcement agents will often stop vehicles that they believe contain narcotics. These stops must have some legal justification. The race of the driver is not a valid justification and a stop made on the basis of race alone is illegal. Officers whose suspicions are race motivated, however, will offer some other reason for initiating the stop. Such fabricated, or "pretextual," reasons for making a stop violate the Fourth Amendment. The stop must not be unreasonable under the circumstances.

Police have the right to set up checkpoints for a variety of purposes, including checking for drunk drivers, checking for illegal aliens or produce, and checking for unauthorized fish and game. Typically these stops must minimize the delay to the drivers and be conducted in an evenhanded or random manner. They should not be a pretext to detain motorists in the hope of finding evidence of some other crime.

Obviously, the best way to avoid legal trouble in your car is to obey the law and drive with prudence to avoid an accident. Using illegal drugs or driving with an open container of alcohol is an invitation to law enforcement to impose criminal penalties. Moreover, the blood alcohol percent level that constitutes legal intoxication is relatively low. Many people will exceed this limit before they might consider themselves drunk. The limits err on the side of protecting other drivers, pedestrians and property.

Sometimes even careful drivers get pulled over. In that situation, you want the encounter to proceed as smoothly and painlessly as possible. In the event of a traffic stop, the following suggestions may help matters to go smoothly.

1. Be relaxed and polite. Because it's a police officer's job to detect and stop criminal activity, acting nervous or being confrontational could make the traffic stop more difficult.
2. Carry your license, insurance and registration information with you every time you drive. Inability to prove that you can drive or that you have a right to drive the vehicle in question may lead to further detention and questioning.
3. Don't have more than one beer or mixed drink per hour before you drive. If you are found to be intoxicated by breathalyzer test, you may have a right to a second test administered at your own expense. The problem is, you may be required to have that test performed where you're being held. Carry an attorney's phone number with you so that you can seek help if you need it. There is at least one business, in Minneapolis, MN, conducted by a registered nurse, which will come to a point of detention and administer a follow-up test.
4. Don't carry illegal narcotics on your person or in your car. Drug laws in this country are very strict and possession charges, especially where the quantity is large, can lead to long prison terms. If a person with narcotics wants a ride, tell him or her to dispose of the drugs first.

Conclusion

Common sense is a driver's best friend. Obeying traffic laws, avoiding illegal activity, and carefully monitoring alcohol consumption are the best protections against legal trouble. Sometimes, however, the police overstep their bounds, issuing citations, making arrests, or conducting searches or seizures that are not supported by law. In those events, motorists have a right to challenge police conduct. A charge of drunk driving, illegal narcotics or firearms possession, or the threat of a lost license, can create serious problems. In these situations, a driver is well advised to seek competent legal counsel.

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