Being pulled over by a police officer can be a nerve-racking experience. Even if you have done nothing wrong, being pulled over on the side of the road is stressful. You may be on your way to work, going to a child’s sporting event, or even just headed to dinner with a loved one. While the experience may be stressful, it is important to understand what rights you have when talking to a police officer. At Johnson Duffie, our central Pennsylvania criminal defense attorneys are well-versed in the laws surrounding traffic stops and are prepared to assist you in the event you end up being charged with a crime.
Under Pennsylvania law, a police officer needs either “reasonable suspicion” or “probable cause” in order to pull your vehicle over.
The first standard for when a police officer can pull you over is when the police officer has reasonable suspicion that a violation of the Pennsylvania Motor Vehicle Code (MVC) has occurred. In order to have reasonable suspicion, a police officer “must be able to point to specific and articulable facts which led him to reasonably suspect a violation of the MVC.” Commonwealth v. Wilson, 237 A.3d 572, 579 (Pa. Super. 2020).
With regard to the probable cause standard, “a police officer has probable cause to stop a motor vehicle if the officer observes a traffic code violation, even if it is a minor offense.” Commonwealth v. Harris, 176 A.3d 1009, 1019 (Pa. Super. 2017).
In order to determine whether a police officer needs reasonable suspicion or probable cause to pull your vehicle over, the nature of the MVC violation must be considered.
Pennsylvania courts have held that “if it is not necessary to stop the vehicle to establish that a violation of the Vehicle Code has occurred, an officer must possess probable cause to stop the vehicle. Where a violation is suspected, but a stop is necessary to further investigate whether a violation has occurred, an officer need only possess reasonable suspicion to make the stop.” Commonwealth v. Salter, 121 A.3d 987, 993 (Pa. Super. 2015).
Under Pennsylvania law, outside of a few minor exceptions, police officers need a search warrant supported by probable cause to search your vehicle unless you give them consent to search. If you do not give police consent to search your car, then they are required to take their search warrant to a judge for approval before they may begin their search. In determining whether a police officer has the necessary probable cause to support their warrant, the judge must determine whether given all of the circumstances set forth in the officer’s search warrant, “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Commonwealth v. Green, 265 A.3d 541, 551 (Pa. 2021).
Most law enforcement officers in Pennsylvania carry body-worn cameras (BWC) while interacting with people during traffic stops. It is important to remember that everything an individual says during a traffic stop will likely be recorded on the police officer’s BWC. Therefore, it is vital that a person be extremely careful as to what they tell police during a traffic stop, as any information provided may be used against them later on if they have been charged with a crime.
It is also important to remember that even if a police officer asks you to search your vehicle during a traffic stop, you have the right to refuse to give them consent to search your vehicle. Even if you are facing extreme pressure from the police to allow them to search your car, they cannot force you to give them consent to search. Instead, you have the absolute right to determine whether or not you wish to give them consent to search. If you do give police consent to search your vehicle, you have the right to determine where in your car they are limited to searching. If at any point while police are searching your car you determine that you would like to withdraw your consent, you have the right to do so by informing the police that you are revoking your consent to search your vehicle.
If you have been arrested after having been pulled over by the police, the following steps are crucial in order to protect your rights:
Following these four simple steps will ensure that you have positioned yourself in the best possible situation to address your charges later on.
Having the right attorney represent you following your arrest during a traffic stop is vital to ensuring that you receive the best outcome for your case. While the laws surrounding traffic stops can be complicated, hiring an experienced attorney who understands what rights you have can make all the difference in your case. At Johnson Duffie, our central Pennsylvania criminal defense attorneys are prepared to fight to protect your rights following your arrest. Whether that means asserting your rights in court, working out a favorable plea deal for you, or strategically setting your case up for success down the road, you can trust the attorneys at Johnson Duffie to always have your best interests in hand.
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