With all of the recent tragic incidents involving the police and the public, many people have
asked me: What are my rights when a cop pulls me over? I believe police need to protect themselves because they put their lives on the line every day. That being said, Philadelphia residents and everyone in this country – should not have to suffer as a result of illegal or negligent police behavior. In this post, I’ll discuss some of the most important legal aspects of conflict points during a traffic stop.
Do You Have the Right to Act Upset?
Getting pulled over is an anxiety-filled situation and the law does not require drivers to smile and be polite.
There are common sense behaviors to keep in mind. No matter how upset you may be, it is important to never say anything or perform any action that could be perceived as threatening to the officer. Here are some good rules to follow:
- Always keep your hands where the officer can see them. If you have to reach for something such as your registration in the glove box ask the officer first.
- Answer the officer’s questions in a timely manner. Even though you have the right to decline to answer, this can quickly escalate the situation.
Do You Have the Right to Stay in Your Vehicle?
In general, the answer is no. Officers have the right to ask you to step out of your vehicle for a myriad of reasons, including if they feel threatened. This right was established in a 1977, when the Supreme Court found Pennsylvania police officers were justified in instructing a man named Harry Mimms, whom they had pulled over for an expired license plate, to get out of his car because they felt threatened by a bulge in his jacket, which turned out to be a gun.
Can You Use Your Phone to Make a Call During the Stop?
It is not a good idea to continue a conversation or make a call during a traffic stop. The officer does not know who you are speaking to and could view the call as antagonistic or threatening. If you are on the phone when you get pulled over, the best advice is to hang up immediately.
Can You Record the Conversation Legally?
Yes. And since most smartphones these days come with recording capabilities, it is a good idea to start the recording as soon as you are pulled over. You do not need to ask for permission. Both voice and video recordings are permissible.
The caveat here is that your recording cannot obstruct the officer in anyway. This includes delaying the officer while you look for your phone or paying too much attention to the phone instead of the officer.
Summary: Avoid Escalation and Protect Yourself in Court
As we have seen in the news, police encounters can escalate quickly and end tragically. No matter the reason for the encounter, both parties have an obligation to treat each other within the boundaries of the law.
In the vast majority of instances, the time to point out misconduct is not during the encounter itself. If you feel as if the officer is in the wrong, my best advice is to follow his orders and prove your point is later on in court. There, you can win your case and ensure corrective actions are taken against the officer.
As your police misconduct attorney for Darby, Landsdowne, Springfield, and Greater Philadelphia, I will help you hold police accountable for their misconduct and any resulting injuries. I will be fully dedicated to navigating the complex regulations protecting the police and getting you the compensation you deserve.
If you have been injured as a result of police misconduct, contact me immediately at (267) 627-4JOE (267-627-4563) for a free consultation. We’ll work through the tough issues and get you on the path to recovery.
Our promise is to deliver outstanding customer service and our motto is: More Service than You Would Expect.
