What Are My Rights During a Traffic Stop?
When you are stopped by any law enforcement officer in the Indianapolis area or elsewhere in Indiana, it is essential to know that you have rights. These rights apply whether you are the driver of a vehicle that has been stopped, or a passenger in the vehicle. These rights exist under Indiana state law, and under the U.S. Constitution. Knowing your rights can allow you to avoid a situation in which the police find evidence that they can ultimately use to arrest and charge you with a criminal offense. And if your rights are violated, anything that is found as a result of the violation could not be used against you at a trial. Our Indianapolis criminal defense lawyers can explain, and if you have specific questions about your situation, we are here to help.
You May Have the Right Not to Present Identification
Generally speaking, law enforcement cannot require a person in Indiana to show identification. However, under Indiana Code Section 34-28-5-3.5, you can be required to provide certain identifying information if you are lawfully stopped for an ordinance violation or for a traffic infraction. The law states that, in either of these circumstances, you can be required to provide either: 1) your name, address, and date of birth, or 2) your driver’s license.
A person who is a passenger in a vehicle during a traffic stop is not required to provide any identifying information unless they are being accused of an ordinance violation. Otherwise, as a passenger, you have the right to keep your identifying information to yourself.
You Have the Right to Stay Silent
You have the right to stay silent and to avoid answering questions the police ask you during a traffic stop. You do not have to answer any questions the police ask, other than to provide identifying information as discussed above.
You Have the Right to Have an Attorney Present for Police Questioning
You also have the right to have an attorney with you if you are being questioned by the police. This does not mean that the police must produce an attorney for you on demand, only the Court can appoint counsel. You should expect that if you refuse to speak without an attorney being present, the police will simply stop questioning you.
You Have the Right to Deny a Request for a Search
Whether the law enforcement officer who stops you makes a request to search your person (i.e., your pockets, your clothing, your body) or your vehicle, you have the right to deny the request for a search. To lawfully search you or your vehicle, law enforcement must have probable cause. Usually, they would also need prior Court approval by way of a warrant, but there is a “vehicle exception” to the warrant requirement. Whether the police believe they have probable cause or not, they may ask if you will permit a search. Your consent would make the search lawful. But you have the right to refuse consent to search. Further, it is also important to know that your refusal to be searched or to have your vehicle searched cannot itself be used as proof of your guilt of any particular offense or with regard to any specific allegation.
Contact an Indianapolis Criminal Defense Attorney
If you have any questions or concerns about your rights during a traffic stop, it is important to seek legal advice. An experienced Indianapolis criminal defense lawyer at Rigney Law LLC can answer your questions today, and we can begin working with you on a defense strategy if you were arrested after a traffic stop. Contact us today for assistance.
Sources:
law.justia.com/codes/indiana/title-34/article-28/chapter-5/section-34-28-5-3-5/
constitution.congress.gov/constitution/amendment-4/
constitution.congress.gov/constitution/amendment-5/
constitution.congress.gov/constitution/amendment-6/
