Traffic stops: What police can and can’t do if you get pulled over

A viral video of a Louisville teen handcuffed after a traffic stop has raised new questions about what police can and cannot do during police stops and what rights motorists have.

Here’s what you should know the next time you see a police car in your rear-view mirror.

What can police pull me over for?

The U.S. Supreme Court has held that an officer’s motive for a traffic stop is irrelevant, as long as the officer has probable cause that you violated a traffic law. The court said that even if you are pulled over just for a traffic violation, officers can investigate and charge you with other crimes. (Whren v. U.S., 1996)

Do police have to say why I have been stopped?

Under Louisville Metro Police rules, the officer must identify himself or herself by name; explain why you were stopped; and give you the chance to offer a legitimate reason for what you did.

The officer also is required to ask where your license, registration and insurance information is located before asking you to provide them.

The officer, after issuing a warning or citation, must let you know when the stop is over.

Am I required to identify myself?

Under Kentucky law, motorists must provide driver’s license, registration and proof of insurance, if they are asked for those documents.

Pedestrians are not required to identify themselves or present ID, but police can consider that refusal to be suspicious, and it may result in further investigation and an arrest.

Can police make me get out of my car after a traffic stop?

It might seem unreasonable for police to make you get out of your car for something as simple as making a wide turn or failing to use your turn signal, but the Supreme Court says officers have the authority to do so and you must comply. The same rule applies to passengers.

The court says police are allowed to ask occupants to exit for the safety of officers because that reduces the chances that a weapon could be retrieved from the car while the officers are writing a ticket. (Pennsylvania vs. Mimms, 1977)

Can police frisk me after a traffic stop?

Under the Fourth Amendment of the U.S. Constitution, a police officer may frisk a motorist (or a pedestrian) without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.” (Terry v. Ohio, 1968)

However, a federal court in New York in 2013 held that the New York Police Department had violated the Fourth Amendment by systematically conducting stops and frisks in a racially discriminatory manner.

Can police search my car without my consent?

No. The Supreme Court has ruled that if you are stopped for a traffic violation, police may search your car without your permission only if the officer’s safety is at risk. (Knowles v. Iowa,1998)

Can police search my car with a drug-sniffing dog?

The Supreme Court held in 2005 that a drug-dog sniff that is conducted during a lawful traffic stop does not constitute a search because an individual does not have a reasonable expectation of privacy concerning illegal contraband within a vehicle. Once the K-9 “alerts” or “indicates” that it smells contraband while it’s outside the vewhicle, police have probable cause to conduct a search with the dog and officers. (Illinois v. Caballes, 2005)

But 10 years later, the high court held that police can’t prolong a traffic stop beyond the time reasonably required to complete it to wait for the arrival of the dog and K-9 officer. (Rodriquez v. US, 2015)

Can I be handcuffed during a traffic stop?

Yes. Even if you are not under arrest, an officer may detain you and handcuff you for his or her own safety or yours while conducting an investigation at the scene of a traffic stop.

Courts have said there is a legitimate interest in using cuffs during a stop to protect law enforcement officers, the suspect and the public.

Do traffic stops reduce crime?

A major study released last year of 2.5 million traffic stops in Nashville, Tennessee, found they didn’t reduce crime in the short or long term. The study released in November found that while the number of traffic stops dropped from 450,000 in 2012 to 250,000 in 2017, crime remained flat.

Conducted by the nonprofit Policing Project at New York University law school, the study also found that as officers increased the number of stops in a particular area, crime did not necessarily fall and sometimes went up.

“On average, we simply did not find a relationship between stops and crime,” the report concluded.

The Metro Nashville Police Department in 2017 stopped black people at a 44 percent higher rate than white drivers, according to the report.

While the traffic stops had little or no benefit in reducing crime, they extracted a social cost — the loss of dignity and trust of those who perceived their stop was illegitimate, the study said.

By Andrew Wolfson
Louisville Courier Journal