Stay Polite and Avoid a Fight.
Video Transcript: What are my rights when a police officer stops my car for a traffic stop or anything like that? Hi, I’m Ty Smith, an attorney in OKC with Wirth Law Office. And this is an important one because most all of us are going to be pulled over at some point.
Not saying you should, but it’ll probably happen for speeding or something like that. And it’s important to know what the police can and can’t ask of you, okay? So, just to set some ground rules, some general advice.
Obviously don’t run. Do not run from the cops. Never do that, okay? After you’ve been stopped, I always advise people not to rummage around in their car for things, okay? The police officer needs to ensure that they can see what you are doing at all times.
Rummaging around in the car, especially the glove box or under the seat or something, that’ll make them very nervous, make them think you’re trying to hide something, or worse happens, maybe you might have a gun or something. We don’t want them to be nervous, okay? Because they are the ones that definitely have guns, okay? Obviously, don’t resist, okay? Don’t resist what they’re doing. Okay? But I can tell you where you are allowed to resist.
It’s not so much resisting as it is what you are allowed to say to them, okay? First off, if they ask to search your car, “May I search your car?” You don’t have to consent to that. You don’t have to, okay? Cops can search your car without a warrant only if you give them permission to do so. And in doing that, that kind of takes the power out of… It takes any of the power, because now they can search your vehicle for evidence of criminality.
Even if you don’t think there’s anything there, don’t consent to it, because you never know what might have been left in there by a previous passenger. Okay? Two, don’t step out of your vehicle unless directed to do so by the police officer, okay? Number three, and this is a general one, shut up. Don’t talk unless absolutely necessary. And here’s where it’s absolutely necessary.
In the state of Oklahoma, you’re required to present your driver’s license, your vehicle registration, and proof of insurance, okay? You have to talk about matters relating to those things. Your identification, whether the car’s yours, and whether you have insurance. You have to talk about that.
But, outside of that, you don’t have to talk and you should exercise your right to remain silent. If they say, “Do you know how fast you were going?” “I’m exercising my fifth Amendment right.” Or you can say my right to remain silent, okay? If they continue to push, say you want to talk to your attorney, okay? Because, they’re investigating you for a crime.
They’re investigating you for some infraction, probably speeding or something like that. Don’t consent to a breathalyzer either, okay? That one they can make you do once you are under arrest for something. But there, you don’t have to consent to that, okay? You can say no. As a matter of fact, I advise you to say no. You can say, “I do not consent to a breathalyzer,” okay? At any time, you can ask if you’re being detained and if they say no, you can say, “Am I free to go?” And if they say, “Yes, you’re free to go at any time,” leave. Do so.
Do not stick around and talk and potentially say something incriminating. Okay? You have the right, and this is important. You have the right to film the entire interaction with the police officer.
What I advise people to do is they set the phone up to where it can kind of see what’s going on, but at least where it’s recording the entire time, okay? Do not reach in the pockets, don’t dig things in your pocket. Never reach for anything in your waistline, okay? Because, that will be seen as a potential for the police to react to that. And then ultimately, if you feel like you’re being treated unfairly, you can ask to speak to the police officer’s supervisor, okay? That’s something you can always do. Now, every patrol car will have a supervisor that you can talk to, okay? Everyone’s got a supervisor.
Now, if you have further questions about this and general criminal procedure, I would be glad to speak to you about this. I do criminal law and I do family law, and I would love to speak to you if you have issues regarding any of those variants of law. As I said before, I’m Ty Smith, an Oklahoma criminal defense lawyer with Wirth Law Office. you can find me at theoklahomacityattorney.com, or you can call my office at 405 888 5400, and I’d be glad to speak with you.
