When can an officer pull you over?
In order for an officer to stop your vehicle, they must have either reasonable suspicion or probable cause that you committed an offense.
Reasonable suspicion is easier for the officer to show than probable cause. Reasonable suspicion is just like what it sounds, suspicion that is based off reason. However, they MUST have a specific reason and not just a hunch or a feeling that you committed an offense.
Probable cause means that the officer can demonstrate that it is more likely than not that you committed an offense.
If you are stopped (not free to leave) without probable cause or reasonable suspicion, the evidence found as a result cannot be used against you.
What should you do during a stop?
Do give the officer your license, registration, and insurance.
Do be respectful.
Do NOT give the officer permission to search your car.
Do NOT give the officer permission for a drug dog to touch your car.
Do NOT give the officer any sort of incriminating information (example: if the officer asks why you were pulled over, do NOT offer up any information like “yes, I was speeding.”
When must an officer provide Miranda Warnings?
An officer is only required to provide Miranda Warnings when you are 1) not free to leave and 2) being interrogated. If you are being interrogated and also are not free to leave and the officer fails to provide the warnings, any incriminating statement provided cannot be used against you.
May a drug dog sniff around your car?
Yes, a drug dog may do a “free-air sniff” around your car without your permission and without the officer having probable cause. However, the dog cannot “intermeddle” with your car without your permission. An example of intermeddling would be if the dog jumps on your car or puts its paws on your car. Do not give the officer permission for the dog to touch your car!
When can an officer search your car?
In order to search your vehicle, an officer needs probable cause that they will find something illegal in your car or your permission. If you have something illegal in your car, never give the officer permission to search your car.
A common way an officer obtains probable cause is through a positive drug dog alert (see above). Other ways officers obtain probable cause is when they see something illegal in your car in plain sight, smell drugs, or if you admit to having something illegal in the car.
Want more info on your rights?
Check out @nemeroff_law for more information!