traffic stops

Seeing the flashing lights and hearing the sirens near you, approaching you, and signaling you to pull over can be scary. Whether or not you know why an officer is trailing you trying to get you to stop your vehicle, what you do next matters. To best protect yourself and to make the stop go as smoothly as possible, there are some things to know about how to interact with the officer and what your rights are during a traffic stop.

When a Police Officer Pulls You Over

There are actions you can take and behaviors you can engage in that can minimize the potential negative outcomes that can take place when a California highway patrol officer pulls you over on the road. Here are some useful tips to be aware of:

Do what you can to show the officer you are interested in their safety. So pull over and stop your car, and keep your hands on the wheel.
Be courteous when speaking to the officer.
If you see a police car near you or behind you, double-check that you are driving responsibly and lawfully so you do not give the officer a reason to pull you over in the first place.
Look for a safe location away from oncoming traffic to stop, but if there is not one available fairly quickly, use your turn signal and find an area off of the road to stop your vehicle.
If you are pulled over at night, put on your car’s interior lights so that the officer has a more clear view of who is inside of your car.
If the officer wants to search your vehicle, unless they have a warrant, they typically will have to get your consent to do so. You do not have to agree to a search of your car. If the officer searches your car without your permission or a warrant, there must be a valid reason to do it and the officer will have to justify their actions in court.
When an officer pulls you over, remain calm and collected. Speak clearly to the officer and use a tone of respect.

While there is no way to take the stress out of a traffic stop, taking certain steps and behaving in specific ways can reduce the potential that it becomes a disastrous or even deadly event. If you are arrested or if you believe that you were treated unlawfully by the officer, you can take action after the situation is over. Calling a San Diego criminal defense lawyer is recommended to have your case evaluated and to learn about your legal options. Continue reading

In the current political environment, it is no surprise that immigrants seem to be targeted more and more, and the border patrol is out in full force. Just a few months ago, a couple was detained by U.S. Border Patrol after a routine traffic stop. People usually think that Border Patrol can only be found in areas closest to the U.S.-Mexico border, but that is actually only a fraction of their enforcement efforts.

What is Border Patrol Jurisdiction?

Border Patrol agents are sworn federal agents capable of enforcing the law in all 50 states and all U.S. territories. Generally, agents can operate within 100 miles from each international border. This pretty much covers the entirety of San Diego County. Under certain conditions, they can also go beyond that distance. They are allowed to make arrests or question anyone potentially violating immigration law, but they do not issue things like speeding tickets. However, traffic violations such as a broken taillight or speeding can be used as a pretext to stop you to question you further.

Where can Border Patrol Stop You?

Border Patrol agents are allowed to set up checkpoints even in areas not in the immediate vicinity of the border. They can stop drivers to question the occupants of a car, and even request proof of immigration status. They are also allowed to station themselves along highways and roads to be on the lookout for people violating potential immigration laws or committing crimes.

They are allowed to stop drivers under the “reasonable suspicion” standard. That is, Border Patrol has to have more than a hunch that a crime or immigration violation has been or will be committed. This is a lower standard than the “probable cause” standard, which means there is concrete evidence to indicate a crime has been/is being committed.

These standards get murky, since stopping drivers based solely on the color of their skin is considered racial profiling. However, border patrol is allowed to consider race or nationality while deciding to stop and question people, as long as agents can point to indications of criminal activity.

In this political environment, it is recommended you have the name and number of an immigrant rights lawyer ready in case you get stopped by law enforcement officials. Continue reading

Articles Tagged with traffic stops

What You Should Do When Pulled Over by California Highway Patrol

When can Border Patrol Pull You Over?