It is rare for a motorist to make it through his/her entire lifetime without being pulled over by a law enforcement officer at least once. For some drivers, traffic stops are almost routine.
When it is your turn to be pulled over by a police officer, how will you respond? How should you respond? Do you know when a traffic stop is legal and what the consequences are of an illegal stop? How long may an officer detain you during a traffic stop? If you do not know the answers to these questions, you are not alone. The average motorist doesn’t know much about the legalities of a traffic stop.
However, it is in your best interest to know what a law enforcement officer can and cannot do during a traffic stop.
Although every traffic stop involves a unique set of facts and circumstances, the Nebraska criminal defense attorneys at Petersen Criminal Defense Law have put together some general information to help you learn some traffic stop basics. If you have specific questions, please feel free to contact our office.
Who Has Jurisdiction To Conduct Traffic Stop
Any law enforcement officer who has jurisdiction may conduct a traffic stop, including:
- Nebraska State Trooper
- Douglas County Sherriff’s Deputy
- Omaha City Police Officer
Can An Officer Conduct Random Traffic Stops?
An officer cannot conduct random traffic stops. This includes:
- Reasonable suspicion that a traffic infraction is being or has been committed is required to conduct a legal traffic stop.
- “Pre-textual” stops are not allowed – this involves an officer using a valid traffic infraction as the reason to make a stop when the officer actually suspects the driver is committing a more serious crime and wants to investigate that crime.
- DUI checkpoints are an exception to this rule. The U.S. Supreme Court has ruled that the dangers from drunk driving outweigh the “degree of intrusion” of sobriety checkpoints and they are an exception to the search and seizure provisions of the U.S. Constitution.
Identifying information
Although your right to remain silent applies during a traffic stop, you should provide your name, vehicle registration and proof of insurance to the officer. If you refuse to provide any information at all, you risk being detained so the officer can determine who you are.
Your Right to Remain Silent
Both the U.S. and Nebraska constitutions provide you with the right to remain silent during a traffic stop. You do not have to answer questions relating to your consumption of alcohol or drugs, the presence of contraband in the vehicle or your immigration status.
Searching Your Vehicle
The 4th Amendment to the U.S. Constitution requires a law enforcement officer to obtain a warrant, based on probable cause, before conducting a search and seizure unless one of the many exceptions to the warrant requirement applies.
- The U.S. Supreme Court has ruled that an individual’s expectation of privacy is reduced in a motor vehicle for purposes of the warrant requirement found in the 4th Therefore, a warrant is not required.
- The police must, however, have probable cause to conduct a search of your vehicle unless you consent to a search.
- You are never required to consent to a search of your vehicle.
If you consent, your attorney is effectively precluded from arguing that the search was illegal.
K-9 searches
A search of your vehicle by a K-9 unit (drug-sniffing dog) is evaluated differently.
A law enforcement officer must have reasonable suspicion that the motorist is, or has, committed a criminal offense to detain the driver until a K-9 unit can arrive to conduct a search.
In other words, once the original purpose of the stop is over, the motorist must be allowed to leave unless the officer has the requisite reasonable suspicion necessary to prolong the stop.
Search incident to arrest or impoundment
The police may search your vehicle during a traffic stop if an arrest has been made and they have a reasonable belief that stolen or illegal goods will be found in the vehicle.
The police may also conduct an “inventory search” of your vehicle if the vehicle has been impounded. The rationale for allowing an inventory search is twofold.
First, it creates a detailed list of the owner’s personal property to ensure that nothing is missing when the vehicle is returned. Second, it protects the police in the event there is something dangerous in the vehicle.
Field sobriety tests during a traffic stop
If an officer suspects that a motorist is under the influence of drugs or alcohol, the officer may ask the motorist to step out of the vehicle and perform a series of field sobriety tests (FSTs).
- You have the right to refuse to perform the FSTs.
- The officer administering the FSTs determines if you passed the tests.
- The results of a FST are not admissible in court.
- Instead, results of FSTs are only used to form the probable cause necessary to make an arrest.
Contact Our Criminal Defense Lawyers at Petersen Criminal Defense
If you have additional questions or concerns relating to a traffic stop in the state of Nebraska, it is in your best interest to consult with an experienced criminal defense attorney. In Nebraska contact Petersen Criminal Defense Law 24 hours a day.