What you say and do during police stops will have a huge effect on the legal proceedings that might follow. It is critical to be informed of your rights at that moment and what the police are allowed to do based on the state laws. A police officer can ask questions like whether the driver has had anything to drink and if there are drugs hidden inside the vehicle. However, there is a law against unlawful search and seizure.
At the police stop, the police officer can order the driver to get out of the car and check for weapons without infringing on the person’s personal rights. The police officer may ask for identification and ask simple questions like the name of the driver and passenger if any including other details that will prove identity. Drivers and passengers are expected to comply for their own safety.
Pulling over does not mean an admission of guilt. Stop as soon as you can to figure out the traffic violation. This information is very useful because the lawyer will use it for your defence. The driver and his passengers must not face legal arrest if they refuse to identify themselves to the authority not unless they are charged with crimes like loitering and prowling.
Passengers also have certain rights like freedom from unreasonable searches, the right to remain silent aside from required answers to certain questions, and freedom against unlawful seizure of property. Passengers are not included in traffic violations and must not be issued tickets or citations due to the actions of the driver.
Both the driver and passengers must not be detained except if there is a reasonable cause. There are standard procedures that police authorities must follow at police stops but it does not provide them with blanket permission to make an arrest.
A simple traffic violation does not require a lawyer except if there are serious accusations.
Call MyDefence.ca if you are of driving under the influence or possession of drugs. The lawyer knows the laws of the state that applies to your situation. A lawyer can determine whether there is a basis for a motion to suppress evidence.