ANSWERS: 1
  • A traffic stop, for many people, can be an unnerving, or even frightening, experience. Your rights are not always clear and, for this reason, laws have been enacted and Supreme Court cases decided, to bring clarity to this issue.

    Significance

    Police make traffic stops when they observe a violation of traffic laws. They also can be used to establish reasonable suspicion that can result in a search of your car. Traffic stop laws are enacted to ensure there is no violation of your Fourth Amendment right protecting you from illegal search and seizure.

    States

    Individual states have passed traffic stop laws and if their laws are more restrictive on police power than federal law, the state law takes precedence. For example, 21 states have what is known as a stop and identify law, according to the Legal and Liability Risk Management Institute (LLRMI), which is stricter than federal law.

    Stop and Identify

    Stop and identify laws require that if the police ask you your name you must tell them. This can apply to passengers as well. If you refuse to comply, you or your passenger can only be arrested if there is reasonable suspicion that one of you committed a crime.

    Search

    The police can search your car without your permission if they have a reasonable suspicion that you have committed, or are going to commit, a crime. If they ask and you give your permission, they can also search your car.

    Documents

    Some states require that you have insurance and that you carry the proof in your car. Other states require that you carry your registration in your car. It is your responsibility to know the laws of the states in which you are driving. These documents will be requested during a routine traffic stop.

    Source:

    LLRMI: Questioning of passengers during a traffic stop?

    Expert Law: What Happens When I Am Stopped By The Police

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