If The Police Pull Me Over For A Traffic Offense, Can They Search My Car And Arrest Me?
When it comes to cars and their drivers, Louisiana police have a quite a bit of latitude in what they can do. In order for a traffic stop to be legal, a police officer only needs to have reasonable suspicion of criminal activity, a moving violation or vehicle violation.
It is perfectly legal for law enforcement to make what’s known as a “pretextual stop.” An officer might initially pull you over for a broken taillight because he suspects (but cannot yet prove) that something more serious is going on. However, as long as an officer can make a plausible argument to a judge that he believed that you were in violation of some law, the traffic stop is justified.
Traffic Stops Often Lead To Searches
Once the police pull you over, they can search for and seize anything in plain view. This means if you have an open bottle of alcohol lying on the back seat, it is fair game for the police. If police have probable cause to believe you have been involved in criminal activity, including drunk driving, they can arrest you without a warrant. Once you’ve been arrested, the police can conduct a full and legal search of your car and any belongings found in your car.
No matter how minor the alleged violation, the police can legally require you and your passengers to get out of the car. While they can’t search your car unless they have probable cause to believe there is criminal activity afoot, officers can do a brief pat down of you or any passenger if they have only a reasonable suspicion that they might be in danger. Law enforcement can also have a trained dog sniff around your car for contraband without the belief that something is wrong, and if the dog finds something, it can be used against you in court.
Understand Your Rights And Obligations During A Traffic Stop
It is always a good idea to be polite and cooperative in these situations, even if you feel you’re being unfairly treated. If you have been stopped, you must produce a valid driver’s license and, possibly, proof of insurance; failure to do so carries its own penalty. You do not, however, have to answer any questions the police ask you, as you are always protected by your Fifth Amendment right against self-incrimination.
Police may ask questions like, “do you mind if I check the vehicle?” This is not necessarily a politely worded command. They may be trying to trick you into consenting to a search. It is nearly always in your best interests to say clearly: “I do not consent to a search.” You can say this whether police are requesting consent or not. They may still conduct the search, but withholding consent could help you challenge the search later in court.
Discuss Your Case With An Experienced Defense Attorney
If you feel you have been treated unfairly during a Louisiana traffic stop, contact Damico & Stockstill, Attorneys at Law. One of our experienced attorneys can help you determine whether the police have acted illegally and, if so, what your remedy might be. Just call 225-377-4964 or reach out online.