It is very likely you’ve seen videos circulating on social media explaining what to do when you’re pulled over by police. These videos often are made by individuals who really don’t believe in police authority and are putting out information that simply is not factual. To set the record straight, I am offering some basic tips about what to do when stopped by the police and what your rights are.
If you’re stopped by the police, I would suggest that you pull over off the roadway to a place that is a safe location for both you and the police officer. If it’s nighttime, I would suggest that you pull over in a clearly lit area when possible. This means that you can drive maybe a block or two to a parking lot, store front or other well-lit location where there are other individuals present. This is perfectly acceptable.
If you cannot identify an unmarked police vehicle, you have the right to drive to a safer and well-lit location and possibly call 911, reporting that you’re being stopped. It is very rare that police officers will stop individuals on traffic stops in fully unmarked police cars. Almost all traffic stops are conducted with at least one uniformed police officer present.
Stay in the vehicle with both hands clearly in sight on the steering wheel. This is strictly done for safety and to send a clear message to the officer that you’re no threat. Be prepared for the officer to approach on either side of the vehicle. Certainly, when a driver is on a busy expressway, many state troopers will approach from the passenger’s side for safety reasons. So be prepared for the officer to come to the window on either the driver’s side or passenger’s side.
Comply with the officer’s request to see a driver’s license and proof of insurance. These are standard questions and procedures carried out during every single traffic stop. If you have to reach a distance, such as into the glove compartment, tell the officer you’re doing so. You are required to have a valid Illinois driver’s license and your vehicle registration insurance card while driving.
If you’re ticketed during the traffic stop, you should not debate the reason for the traffic stop or the ticket. That’s what court is for. You should not refuse to sign a ticket. If you do, this may require the officer to either confiscate your driver’s license or, on some rare occasions, bring you into the station so you can post bond on the ticket.
You should not be uncooperative with law enforcement at the scene. If you think the traffic stop is unwarranted or there is something not right with the stop, you should drive to the police station and ask to speak to a supervisor after the traffic stop is conducted. The driver is to be treated with dignity and respect by the officer conducting the traffic stop. The officer should be treated with dignity and respect as well.
Waiting long periods of time will only decrease the ability to have a positive outcome with the interaction with the officer. Regardless of what action is taken, police officers are legally required to document all traffic stops, which includes obtaining a driver’s name and address, for data collection purposes. In Illinois, this is mandatory.
Some common questions are asked by individuals stopped for traffic violations, usually afterward, but I’ll try to answer these ahead of time.
May an officer search me? Police officers may not search you if you are not under arrest or if they lack a valid warrant. If you are asked to consent to a search, it means just that – if you want to, you can. You do not have to consent to a search when you’re not under arrest. Police may pat you down through your clothing without a warrant if they have reasonable suspicion that you’re carrying a weapon. Also, officers can scan your car for any illegal contraband that may be in plain view. And if they see something that would fit the description of illegal, they are allowed to search the vehicle, but not the locked compartments.
May I record the police during an interaction? You have the right to take images, videos or still pictures in public places in every state in the U.S. This includes actions by law enforcement, as long as you don’t interfere with their duties. Law enforcement officers are not required and have no authority to order you to delete the videos and pictures on demand or relinquish your phone or camera to the officer without a valid warrant. While recording images is a federally protected right, audio recording without the subject’s consent varies by states and is illegal in Illinois. Illinois is a state that requires two-party consent for any audio recordings.
Do police have to tell me why they pulled me over before asking for ID? Generally speaking, police do not have to tell you why they stopped you before asking you for your ID during a traffic stop. However, for practical purposes, almost all police officers will tell you the reason for the stop. The officers must have a reason for the stop. But they are not legally required to tell you. If taken to court, police officers must provide the reason that they stopped you in the court hearing.
Am I legally required to get out of the car if an officer asks me? Police officers may ask you to get out of the vehicle to ensure you don’t have a concealed weapon, but you do have the right to remain in your vehicle. Practically speaking, it may be a good idea to comply if you are asked to step out of the vehicle. You also have the right to remain silent, although it’s a good idea to answer the officer’s basic questions. It certainly makes the interaction of the traffic stop go smoother, quicker and gets you on your way.
May the police search my car? Even if the reason for the stop is something minor, police have the right to look around for signs of illegal activity or contraband as long as it is in plain view. If the officer believes that he or she is in imminent danger or sees evidence of a possible crime, such as blood splatter or other illegal substances, they may search your car.
However, if an officer asks to search your trunk or glove compartment, you may decline unless the officer has a valid search warrant. An officer may search your glove compartment without a valid search warrant if they have reason to believe that you are concealing a weapon. It is always a good idea if you are a legal concealed carry holder in Illinois to inform the officer when he approaches the window of your vehicle. Simply tell the officer that you have a valid concealed carry permit with the proper identification.
No police officer wants to have a traffic stop that is conflictual. Treat the officer with the respect he or she deserves and you will get the same respect in return. I guarantee it.
• Tom Weitzel was chief of the Riverside Police Department. Follow him @chiefweitzel.