Questions About Your Rights? DURING Traffic Stop

OFF THE WIRE

Keep in mind that while certain laws and police practices vary from state-to-state, our information applies to practices that apply in all 50 states.
General Questions

What are my rights at various “checkpoints”?

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There are four general types of checkpoints you might encounter: DUI checkpoints, US border checkpoints, drug checkpoints, and TSA checkpoints. In a legal sense, they are not all created equal. So depending on which one you encounter, you’ll want to be … Continued

General Questions

When can police use drug dogs?

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In Illinois v. Caballes, the Supreme Court ruled that police do not need reasonable suspicion to use drug dogs to sniff a vehicle during a legitimate traffic stop. This decision stems from the case of Roy Caballes, who was pulled … Continued

General Questions

What if police say they smell marijuana?

2 points on reddit

If police say they smell marijuana, you’re in a tough situation. Courts have ruled that the odor of contraband gives officers probable cause to perform a search. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it. … Continued

Traffic Stop

What are the rights of passengers during a traffic stop?

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Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver’s conduct and are generally free to leave, unless police become suspicious of them during the course of the stop. … Continued

Traffic Stop

When can police search your car?

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Police may ask you a series of questions. They will probably include something like, “You don’t mind if I have a look in your car?” Beware of that question: It’s the legal loophole that the officer wants to snare you in. … Continued