Traffic Stops Part 2: Common Questions and Scenarios

In my first blog about traffic stops we covered how an officer can stop you and some basics on what to initially do when you are stopped. Now let’s look at some common questions most of us can encounter when we are stopped by police.

“Do you know why I pulled you over?” or “Do you know how fast you were going?”

Some agencies have done away with telling their officers to ask these questions. But the entire purpose of this, if you are asked, is to get you to admit what you did. Sometimes the officer might think you were speeding but wasn’t able to properly lock you in on radar/lidar. You admitting you were going too fast will give him enough to ticket you.

So how do you respond?

Let’s say you were speeding and know it. Don’t admit it and don’t agree with the officer. Don’t say things like, “If I was speeding, I’m sorry.” And don’t attempt to play dumb.

Try this instead: “My attorney has instructed me not to answer questions from law enforcement without him present.” The officer may not like this answer and may follow up with other questions like “why not?” You can just repeat the same thing or say, “that was his advice, I don’t wish to answer questions without my attorney present.” By asserting your right not to answer questions without an attorney, you are not giving the officer any additional evidence while remaining polite and respectful. Officers are not required to tell you that you don’t need to answer questions in this situation. It is up to you to know you have that right. Anything you do say could be used in court later.

“Do you have anything illegal in the vehicle?”

This is a tricky question. If you say yes, they search your vehicle. If you say no, the follow up question is usually “So you don’t mind if I search then?” It is best again to answer the same way as the previous question. “My attorney instructed me not to answer questions from law enforcement without him present.” Remain calm and respectful but don’t budge on that answer.

“Can I search your vehicle?”/ “Can I search you?”

You have the right to not consent to any searches of you or your vehicle. The officers are not required to tell you that you can refuse. But you absolutely can if they are asking you if you consent. The same goes for a search of you. The way to answer this is “I do not consent to any searches of my person or property.” If they ask why, a great way to answer is “It is my right to refuse. I am refusing. I don’t need a reason.” It is important to understand that most times when they ask permission, it is because they don’t have enough probable cause to search. But giving consent is the way around that. They don’t have to have any evidence. If you say yes, it doesn’t matter. They can still search.

I said “no” and the officers searched my car anyway. Don’t they need a warrant for that?

The short answer is no. Normally a warrant is not required to search a vehicle. However, what is required is probable cause or consent. The officer will need to show in court that a reasonable and prudent person in the officer’s position would have believed at the time that it was more likely than not there was evidence of a crime in the vehicle. That is what probable cause is. One of the most common ways that an officer can do this is what is referred to as “plain view” or “plain smell”. This means if the officer simply looks inside the vehicle through the windows and sees something they can identify as illegal, they can go into the car and seize it. If the officer smells the odor of marijuana and wants to search, this is often cited as a reason by officers. However, distinguishing between marijuana and hemp is nearly impossible by the odor. Hemp is legal. Marijuana is not without a prescription which can only be given for certain medical conditions. If the officer says he smells marijuana and is going to search, don’t argue with him or fight him. Just do what the officer says. Let the officer do their search without your consent. It can be argued about in court later. A skilled attorney will likely be able to fight that. Not giving your consent is NOT evidence that you did anything wrong. Pulling away, fighting the officer, trying to close doors, ect., will be used as evidence as if you are trying to hide something. Even if you weren't.

Smile, you’re on camera.

Many agencies in North Carolina either have Body Cameras or Dash Cameras. You should always be aware of that. You are most likely being recorded when you are stopped by police. Everything that is said could be recorded without you knowing. Always assume the camera is running. Be loud enough that the camera can hear you when you assert your rights. Just remember that anything that you do say can be used later in court. So less is more. Being polite and respectful will go a long way towards helping your case. The nice part is this works the other way too. We get to review the footage and scrutinize everything the officer did too.

Can I record the police too?

Absolutely you can. If your recording does not interfere with an officer doing their job, you are well within your rights to record. North Carolina is a one-party consent state. That means you don’t need to tell the officer that you are recording. Just turn the camera on. While cell phones are great, consider investing in a dash camera of your own. There are plenty of good ones on the market that can help protect you. This works for various situations that you could run into in a vehicle, not just for traffic stops.

In the next post, we'll talk about what to know about arrests.

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.