Knowing Your Rights During a Police Stop Protects Your Freedom
Imagine for a moment. It is a Saturday night and you are out with some friends. You have been out to dinner and had a sip of a friend’s beer along with dinner but no other alcohol. It is two hours later and you are driving your friends home in your new Mustang. You have a bit of marijuana in your glove compartment for later use. You are observing all the rules of the road and all of a sudden you see flashing lights behind you. You pull over and the police officer, a big burly guy, comes over to the window and asks to search your car. The officer has no warrant. Do you let him do it? What rights do you have and what happens if he searches and finds your bit of stash?
Knowing your rights here can make a big difference. Here, the difference between knowing your rights and not could mean an arrest or freedom. This article will help you understand what constitutes a police stop and what your rights are when stopped.
What Constitutes a Police Stop In Oklahoma
Under Oklahoma law, a police stop is generally considered to occur when a law enforcement officer initiates contact with an individual for investigative purposes or to enforce the law. A police stop can take various forms, including traffic stops, pedestrian stops, and investigative stops.
Traffic Stops
When a law enforcement officer pulls over a vehicle for a traffic violation or other suspected offense, such as speeding, running a red light, having a broken taillight, or driving erratically, it constitutes a police stop. During a traffic stop, the officer may ask you for your driver’s license, vehicle registration, and proof of insurance. The officer may also conduct a visual inspection of the vehicle and may request you to perform sobriety tests if there is suspicion of driving under the influence (DUI). To search the vehicle without consent, as in the above example, an officer is required to have either a warrant or probable cause. Oklahoma law requires drivers to comply with lawful orders and requests from law enforcement during traffic stops.
Pedestrian Stops
If a law enforcement officer approaches and detains you on foot for investigative purposes, such as suspected involvement in criminal activity or suspicious behavior, it constitutes a police stop. The officer may ask questions and conduct a pat-down search, but only if there is reasonable suspicion of criminal activity, or what is known as probable cause. Without sufficient justification the officer may only pat you down if you consent.
Investigative or Terry Stops
Investigative, or Terry, stops occur when an officer has reasonable suspicion that a person is engaged in criminal activity, is about to commit a crime, or has committed a crime. This stop can occur in any environment. The officer may detain the individual briefly to investigate further but must have specific and articulable facts to justify the stop. You can and should ask the officer to justify the stop and for the facts the officer is relying on for the stop.
Consensual Encounter Can Become a Police Stop
If an officer approaches you and engages in conversation without detaining or restricting your movement, it may be considered a consensual encounter rather than a formal police stop. During consensual encounters, you are not obligated to comply with requests or answer questions unless they choose to do so voluntarily. You can ask if you are being detained. Sometimes police will try to evade the question. If they do, repeat the question respectfully until you get an answer. The boundaries between a consensual encounter and a police stop can blur as a police officer uses friendly banter during a stop.
Know Your Rights When Stopped
It is important to know your rights and to insist on them in a respectful and clear manner if stopped.
Under the Fifth Amendment you have the right to remain silent and not answer any questions that may incriminate you. You can politely inform the officer that you wish to exercise your right to remain silent. Likewise, unless the police have a valid search warrant or probable cause to conduct a search, under the Fourth Amendment, you have the right to refuse consent to a search of your person, vehicle, or belongings. Clearly state that you do not consent to any searches. Oftentimes, this is when an officer will begin to either press the issue or to use friendly banter to get you to consent. It is important that you again, clearly and respectfully, refuse consent to any search.
The police must have a valid reason, known as reasonable suspicion or probable cause, for stopping you. You have the right to ask the officer why you are being stopped or detained.
If you are being detained or arrested, you have the right to legal representation. You can request to speak with an attorney before answering any questions or providing any statements. An officer may skillfully avoid answering whether you are being detained or not. You can ask the officer repeatedly whether you are free to leave or whether you are being arrested or detained until you get a response and then ask for an attorney. Once you have asked for an attorney, an officer is required to stop asking questions. Avoid conversation of any kind with an officer once you have asked for an attorney.
In Oklahoma, you have the right to record interactions with law enforcement as long as you do not interfere with their duties. This includes recording video or audio of the encounter using your smartphone or other recording devices.
You have the right to be treated fairly and without discrimination based on factors such as race, ethnicity, religion, gender, or sexual orientation.
If you are being arrested, you have the right to know the specific charges against you. You can ask the officer to explain the charges and the legal basis for your arrest.
In certain situations, such as a DUI stop, you have the right to refuse a breathalyzer or chemical test. However, refusing such tests may result in consequences such as license suspension.
Consequences of Violating Your Rights
Failing to assert your rights can lead to potential problems and consequences. With an attorney’s help however, sometimes these consequences can help your case.
When a search and seizure are unlawful, your attorney can ask the court to suppress any evidence found as a result of the unlawful search and seizure. However, when you consent or voluntarily give the police information, any information garnered may be used against you. If you allow the police to search your car without a valid reason and they find illegal substances or contraband, you could be charged with possession. This is why it is important not to consent or volunteer information to police without having an attorney present. Your attorney can advise you not to answer questions that may incriminate you.
Failing to assert your rights can compromise your defense in a legal case. Your criminal defense attorney may have fewer options to challenge evidence or the legality of police actions if you don’t protect your rights during the initial police encounter.
It’s important to remain calm, follow the officer’s instructions, and assert your rights respectfully. Avoid escalating the situation or engaging in confrontational behavior, as it could lead to further complications. If you believe your rights have been violated during a police stop, you can contact a Tulsa criminal defense attorney to discuss your options.
Consult with a Tulsa Criminal Defense Attorney
Knowing your rights and asserting them during a police stop can have very real benefits. When facing a police officer during a stop it can feel intimidating to assert your rights, but it is important to take action. If you believe that a police stop was unlawful, it is important that you contact an attorney as soon as possible. Consult with a Tulsa criminal attorney. Call the Tulsa Criminal Defense Law Firm today at 918-256-3400. We can provide personalized guidance based on your unique situation.
We are dedicated to providing reliable legal advice and representing clients throughout the criminal process. Together, we can navigate the complexities of the criminal court process and work towards a positive outcome.