Many people feel a natural sense of nervousness when they must interact with police officers. During a traffic stop, for example, people are often so eager to speed up the interaction and comply with the officer that they fail to make use of their basic rights.
Those who are aware of their rights during a traffic stop will have an easier time handling their interaction with an officer gracefully. What rights does a motorist have during a traffic stop conducted by a Kentucky police officer?
The right to certain information
A police officer approaching someone’s vehicle should identify themselves. Occasionally, vulnerable people like women may choose to ask an officer about their identity through a mostly closed window for their own safety in the initial stages of a traffic stop. Other times, they may drive to a lighted or public area before pulling over completely for their safety.
The officer will need to not just provide proof that they are a state employee but will also need to provide a clear explanation for why they told someone over. Whether they suspect someone of impairment or claim they did not use their turn signal, the officer should have a clearly explainable reason for initiating the traffic stop. A person stopped by the officer typically has the right to explain why they may have done something that looked like a traffic violation.
The right to freedom from unreasonable searches
Perhaps the right that people most frequently forget during traffic stops is the right that is the most important to them legally. The Fourth Amendment protects every person from unreasonable searches and seizures of their property. During a traffic stop, officers will frequently try to obtain consent from the driver so that they can conduct a search of their vehicle. Officers cannot search a vehicle unless they have probable cause or permission to do so in most cases.
Additionally, when it comes to a physical search of the person driving the vehicle, there are strict limits on when a pat down or frisk is appropriate. Generally, the officer needs to have probable cause to suspect some kind of criminal activity and reason to believe that the individual has a weapon. Officers cannot physically search someone who is not yet under arrest to check them for contraband, like drugs, without their permission.
Drivers who are capable of asserting their rights while remaining respectful toward the officer who conducts a traffic stop may have an easier time avoiding an escalating situation that leads to citations or possibly their arrest.