Traffic Stops: Were My Rights Violated?

Law enforcement officers in Indiana must adhere to a number of laws when they conduct a traffic stop. To be clear, if a police car pulls up behind you with its lights or sirens on, signaling that you should pull over, you do not instantly give up your rights. In fact, you have a number of important rights under state and federal law, including under the fourth, fifth, and sixth amendments of the U.S. Constitution. If any of your rights were violated, you could have a defense if you are now facing charges after an arrest.

How can you determine if your rights were violated? The best way is to discuss your case with a criminal defense attorney in Indianapolis as soon as possible. In the meantime, we can provide you with more information about common circumstances involving rights violations in traffic stops.

Valid Stops Require Objectively Justifiable Reasons from Law Enforcement 

The Fourth Amendment requires that law enforcement have “reasonable suspicion” that the driver has committed a crime or an offense to make a valid stop. Further, a person cannot be stopped under Indiana law for just any reason at all. In addition to the protections of the Fourth Amendment, in order for the stop itself to be valid in Indiana, the law enforcement officer must have an “objectively justifiable reason for it” according to the Indiana case State v. Hollins (1996).

What this means is that any stop in Indiana where law enforcement does not have an “objectively justifiable reason for it” is a violation of state law.

Searches Without a Warrant or Probable Cause 

The Fourth Amendment requires that law enforcement have either a warrant or “probable cause” to conduct a search.  However, there is a vehicle exception to the Search Warrant requirement.  This means that if the officer believes they have probable cause for the search of your vehicle, the search can be conducted without a search warrant.  However, if it is later determined by the Court that there was no probable cause, and you did not otherwise give consent to the search, the search would constitute a violation of your Fourth Amendment rights. When this type of violation happens, any evidence uncovered because of the illegal search would be excluded from use at a trial against you.

Arrests Without Advising of Rights 

Many people believe that an arrest without an advisement of their rights makes the arrest an automatic violation of their constitutional rights.  The Miranda rights warning is derived from the US Supreme Court case Miranda v. Arizona (1966). The advice of “Miranda Rights” is only required when a person is under “custodial interrogation.”  When a person is in custodial interrogation, the person must be advised of their right to remain silent and their right to an attorney.  A failure to properly advise a person of their Mirand rights only results in the suppression of any incriminating statements made during questioning.

Your average traffic stop does not develop into a custodial interrogation requiring advisement of the Mirand Warning.

Contact Our Indianapolis Criminal Defense Lawyers 

If your traffic stop has resulted in a criminal charge, contact one of the Indianapolis criminal defense attorneys at Rigney Law LLC for a free consultation.

Sources:

casetext.com/case/state-v-hollins-25

constitution.congress.gov/constitution/amendment-4/

uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona