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Getting pulled over by police officers is one of the most stressful things to go through. Even if nothing is wrong, it's hard to remain calm. Any mistake could make the person a target for law enforcement agents.
Understanding Texas law can help any person avoid problems with a police officer, ensuring they don't raise suspicion. Although many officers may be out there to give a tough time to people, others could have a valid reason to stop them.
There's no reason to panic when the police stop people. On this page, there's an overview of what to do if you are pulled over in Texas. Sparks Law Firm can also help answer questions like When can police search my car in Texas?
Why Can Someone Get Pulled Over by the Police?
There are a few reasons why an officer could stop a person. They include the following:
They were committing a traffic violation.
Their vehicle matches the description of a suspect.
It appeared to the officer that they were in trouble.
They appear to have information on a recent crime.
Police officers must have reasonable suspicion or a valid reason (probable cause) to stop someone. Otherwise, they may not have legal grounds to keep the person where they are.
What Are Your Rights When You're Pulled Over?
People have many rights that they may not be aware of at the time of being stopped. Understanding each one may save them from some tough times with the police:
Right to Remain Silent
The Fifth Amendment gives people the right to remain silent in traffic stops. However, they should still answer basic questions regarding their name and address.
Some officers may ask questions that could lead to self-incrimination. The person doesn't have a legal obligation to answer them.
Right to Be Free from Unreasonable Searches
According to the Fourth Amendment, police officers can't search a person's vehicle unless they have a valid reason to do so.
People can object to their vehicle being searched, as long as they do it calmly. Any sudden movements or erratic behavior may lead to further problems.
Right to Record the Police
People have the legal right to record their traffic stop and the police officer. This video footage may help them in court in case the officer did something illegal.
Right to Legal Representation
All people have the right to seek legal counsel if they believe their rights aren't being respected. Anyone can request the presence of a lawyer before answering any questions the police ask. This ensures that their rights are protected and that they don't incriminate themselves.
What to Do If You're Pulled Over in Texas
Being pulled over by the police is overwhelming, but that doesn't mean people can't get out of that situation quickly. By knowing their rights, people can have an easier time talking to the officer and sorting everything out without any issues. For more information, a criminal attorney in Fort Worth may be able to help.
Here's an overview of everything to do when being pulled over by a law enforcement officer:
Understand the Police's Pull-over Procedure
All officers must follow a standard procedure when pulling someone over. On the other hand, when a person is asked to pull over, they must comply, regardless of the reason why the police are doing it. Of course, this doesn't mean that the person is admitting guilt to anything.
As mentioned previously, the police officer must state why they're pulling the person over. If they don't have probable cause, they can't do it. They must use facts to come to the conclusion that the person committed a violation or crime.
Know the Right to Remain Silent
One of the main reasons why people incriminate themselves while getting pulled over is that they talk too much. When someone's nervous, it's normal to talk when they're not supposed to.
However, everyone has the right to remain silent, so it's important to use it, especially if they are drinking. Some people may get in trouble if they're "honest" and tell the officer that they only had a bit to drink, even if they're within the legal BAC limits.
In most cases, it's best to simply invoke the right to remain silent and not explain why. If the officer insists, the person can request legal counsel.
Know the Questions That Must Be Answered
People are expected to answer some questions when they're being pulled over, such as those including the following information:
Legal name
Driver's license
Date of birth
Address
Those who can't provide enough information about those topics may get arrested.
Don't Consent to a Vehicle Search
As mentioned previously, officers can't search a person's vehicle if they don't have probable cause (unless they already have a warrant). It's crucial to remain calm in these situations and object to these vehicle searches.
Know What to Do When Taking a Breathalyzer Test
While people in Texas have the right to refuse breathalyzer tests, doing so may lead to consequences, such as an automatic license suspension. This refusal may also be used in court, which may lead to further consequences besides the loss of driving privileges.
In most cases, breathalyzer tests are more convenient than blood ones, although some people and jurors may prefer the latter in a few scenarios.
What Not to Do When Being Pulled Over
Knowing what not to do is as important as what was mentioned above. This will prevent any problems with the police down the road.
Some tips to consider include:
Avoid making sudden movements.
Keep your hands on the steering wheel so that the officer can see them.
Don't mention that you had only a bit of alcohol.
Don't mention that you were barely speeding.
Don't mention that the drugs in your vehicle are someone else's.
Bottom Line
Knowing what to do in certain scenarios can be confusing, especially when the person did nothing wrong. In cases when the person isn't sure what to do, they must fight for their rights. That's when an attorney comes in. They can also consult on questions such as Can the police lie to you to get a confession in Texas?
At the Sparks Law Firm, there's a team ready to tackle even the hardest cases to get clients the justice they deserve. Those who want to learn more about their case (or Texas law in general) can schedule a free consultation.
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