What You Should Expect to Happen During a Traffic Stop
In order to protect yourself and your rights during a traffic stop in Indianapolis, it is essential to know what to expect when a law enforcement officer stops you. The following information can help you to understand what you should expect to happen during a traffic stop in Indiana.
Emergency Lights Signaling for You to Pull Over
Usually, unless you are going through a checkpoint, the first thing that happens to initiate a traffic stop is that a law enforcement officer will begin flashing their emergency lights behind you, signaling for you to pull over. You will need to put on your turn signal and pull over as soon as you are in an area where it is safe for you to do so. You should turn off your car and remain seated.
Indiana’s Stop and Identify Law
Next, the law enforcement officer is likely to approach your window and to ask you for identifying information, and the officer is likely to ask for your driver’s license. Indiana has what is known as a “Stop and Identify” law under Indiana Code 34-28-5-3.5. In short, when you are stopped for an infraction or an ordinance violation, Indiana law requires you to provide some identifying information to the police. If you refuse to provide your name, address, and date of birth, or alternatively your driver’s license, you can face Class C misdemeanor charges.
Request to Search Your Vehicle — You Should Say No
Regardless of whether a law enforcement officer already has probable cause to search, or they in fact need your consent to conduct a search, they will often seek your consent.
It is critical for you to know that you have the right to decline a request to search your vehicle. Unless the officer has probable cause or has a warrant, they cannot search your vehicle unless you consent or agree to allow the search. Many people often agree to a search because they worry about “looking guilty” if they decline. However, your refusal to have your vehicle searched cannot be used against you as evidence of guilt, and you absolutely have the right to say no when asked if your vehicle can be searched.
Contact Our Indianapolis Criminal Defense Lawyers Today
If you were stopped in a traffic stop, and you have been accused of a criminal offense in Indiana, it is critical to understand your options and to begin working with one of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC as soon as possible. Contact us today to discuss your case and to begin working on a defense strategy.
Source:
law.justia.com/codes/indiana/title-34/article-28/chapter-5/section-34-28-5-3-5/
