Things to know about Arizona Traffic Stops and Your Rights if it Happens
Being pulled over by law enforcement can be a nerve-wracking experience, and while most traffic stops are routine, some can escalate. Understanding your rights and knowing how to act can help ensure your safety and protect your legal standing. Recent events, such as a physical altercation during a Phoenix traffic stop or the mistaken detention of former Arizona Cardinals linebacker Wesley Leasy, highlight the importance of being prepared.
Here’s what legal experts advise you do if you’re stopped by the police:
Your Constitutional Rights During a Traffic Stop
- You have the right to remain silent. This applies to both the driver and all passengers. You are not obligated to answer questions beyond providing required documents.
- You have the right to an attorney. You can ask for a lawyer to be present during any questioning.
- You can refuse a search. Police cannot search your vehicle or person without a warrant or probable cause. They can, however, pat you down for weapons.
- You can ask if you are free to leave. If you’re a passenger, you can inquire if you are being detained or are free to go.
Expert Advice for Interacting with Law Enforcement
- Stay calm and do not escalate the situation. If an encounter becomes hostile, do not “match their energy,” advises civil rights attorney Amir Makled.
- Do not lie or argue. The appropriate place to dispute a charge is in court, not on the side of the road.
- Provide the required documents. You are obligated to provide your identification, vehicle registration, and proof of insurance when requested.
- Clearly state your decision to remain silent. If asked why you aren’t answering questions, you can simply state that you are choosing to remain silent.
- Ask if you are being arrested or detained. If the officer becomes hostile or aggressive, directly ask if you are being arrested or detained.
Rights Regardless of Immigration Status
- You do not have to discuss your immigration or citizenship status. This applies to all interactions with police, immigration agents, or other officials.
- You have the same constitutional rights. Regardless of your immigration or citizenship status, you retain the right to remain silent, refuse searches without a warrant or probable cause, and ask for an attorney.
- Do not carry foreign documents that could be used against you. The National Immigration Law Center recommends against carrying documents that indicate you were born outside the U.S.
- Always provide your full, accurate name. Do not lie or provide false names or documents.
- If detained by ICE, you can contact your consulate. You also have the right to have an officer inform your consulate of your detention.
- Remember and share your “A” number. This immigration number can help your family locate you if you are detained. Keep copies of your immigration documents with a trusted person.
What to Do If Arrested or Detained
- Immediately state your wish to remain silent and ask for a lawyer. This is crucial for protecting your rights.
- You have a right to a government-appointed lawyer. If you cannot afford an attorney when arrested, one will be provided to you. If detained, you have the right to consult with a lawyer.
- You have the right to make a local phone call. Be aware that while calls to your lawyer are confidential, police can and often do listen to calls made to others.
Understanding these key points can empower you during a traffic stop and help you navigate the situation safely and effectively. Knowing your rights is your best defense.
Original Post:
Citizen or not, if you get pulled over by law enforcement in Arizona, here’s what to do
by Andrea May Sahouri and Rey Covarrubias Jr. | Arizona Republic