Traffic Stop Series: Everything You Need to Know

Introduction

Traffic Stops: What should I know?

Have you ever been driving down the road and seen that Christmas display just for you? Only it is May. And now you are nervous. What did I do? How do I handle this?

Well first, take a breath, pull over at the nearest safe location, put your car in park, and put your hands on the wheel. But now what?

There are several things that happen during a traffic stop that people are nervous about. Is that really a cop? What if you have a legal firearm? What if the officer asks to search my car? What if I have something I shouldn't? What do I do? In this series, I am going to try and break down what to do and what not to do while dispelling some common myths about traffic stops. Please keep in mind that this is not meant to be legal advice and information is based on the laws in North Carolina and under the U.S. Constitution.  

If you have specific questions, please contact a licensed attorney in your area. Need an attorney and are located in Central or Eastern NC? Give us a call at 919-655-3984 or contact us via our website. www.LandNlawnc.com

Ready to dive in? Let's start with some basics...

Part 1: How can the officer stop me?

Does the officer need probable cause to stop me while I am driving?

No. This is a common mistake. The real standard is reasonable suspicion. There are a few varying levels of proof in the legal system. Reasonable suspicion is the lowest. It is just facts and circumstances that would lead a reasonable and prudent officer to believe a crime or traffic offense has, is, or is about to occur. But it is described by the courts to be something more than a hunch. That’s it. This standard was described originally by a Supreme Court case called Terry v Ohio.

For example,

If you are going by other cars on the road at a high rate of speed but the officer can’t get you on radar, can he still stop you? Yes. Because he can say you were likely to be going faster than the speed limit based on that observation of you passing other cars. Everyone, police or not, can also estimate a vehicle's speed and testify about that in court. This is within the ability of an everyday person. You don’t need to be an expert or have special training. What many don’t realize is the radar or lidar that police use is just a tool to help confirm that estimate. By itself it isn't even good enough. So, in this scenario it isn’t merely a hunch you were speeding. The officer can point to the fact that you were passing other vehicles and the speed they estimated you were traveling. That would be enough.

So the officer stopped you....now what?

Let's start with basic rules for what to do/not do...

The #1 don’t. Disrespect to law enforcement.

The absolute worst thing you can do when pulled over is make disrespectful statements to the law enforcement officer who stopped you. Comments like “Isn’t there a sale at Dunkin you are missing” might be funny to us but will likely help tip the officer’s discretion towards giving you a ticket. No matter how the officer acts, remain polite and respectful. Do what the officer tells you to do. Even if the officer is wrong, you don’t fight them on the street, you fight them in a courtroom with the aid of a good attorney. That is what attorneys are here for. Most officers are good people and they are just trying to do their job. Not making their job any harder can go a long way towards a warning instead of a ticket.

#1 Do. Pull Completely off the road as soon as possible.

Lots of people say they are scared that they are not getting stopped by a real police officer/Sheriff’s Deputy. Impersonators are very rare. If it is a marked patrol car, it is most likely a real officer. Law enforcement use blue lights in North Carolina. Fire Departments use red. Still, if it is an unmarked car and you are unsure if it is a real officer, call 9-1-1. They can verify that it is a real officer. 9-1-1 calls are recorded and can be used as evidence of why you didn’t pull over right away in case the officer tries to charge you with a crime for not stopping immediately. Tell the dispatcher a description of the car trying to pull you over, state that it is unmarked, and that you are unsure if it is a real officer. Answer any basic questions they have. They can verify that it is a real officer and in the slim chance it isn’t they’ll give you instructions and dispatch real officers to stop the imposter.

Once they do verify that they are real, pull over as soon as possible. While you are on the phone with 9-1-1 slow down and put your flashers on to let the potential officer know you see them. Not stopping right away without a good reason will raise red flags for officers that you could be trying to hide something or get away.

#2 Do. Put your hands on the steering wheel and stay there.

Law enforcement are taught that the one part of the body that can harm them most is the hands. If you immediately put your hands on the wheel, they should be calmer because they know you aren’t going to immediately harm them. If it is dark outside, you can put the interior lights on to help the officer see that you are complying. Remember that the officer’s number one goal is to go home safely at the end of the shift.

Immediately reaching for the glove box might be most people’s legitimate reaction. But that is also where a lot of people keep their guns. Just stay still with your hands on the wheel and wait for the officer to give you instructions. If you do keep your firearm in the glove compartment, consider putting your registration and insurance on your visor instead.

In the next post we'll cover some common questions officers ask and how you can respond.

About the author:

Ed Nappi is a licensed attorney and former prosecutor in North Carolina. Ed is also a former Master-At-Arms with the U.S. Navy and has been through various types of law enforcement training. Ed is a gun owner and second amendment advocate. He practices in the areas of criminal law, traffic law, contract law, employment law, and dispute resolution.