Yes, a passenger has rights during a traffic stop. A traffic stop occurs when law enforcement pulls a vehicle over for committing a traffic infraction. Pursuant to traffic stop laws, drivers are required to pull over for law enforcement.
When law enforcement conducts a traffic stop on a vehicle, both the driver and the passengers have been seized as provided pursuant to the 4th Amendment to the Constitution of the United States.
Because of this, the passenger has the same standing as the driver to challenge the legality of the traffic stop as well as any searches and items seized by law enforcement. There may be situations in which law enforcement detains and searches a passenger or orders them either to remain in the vehicle or get out of the vehicle. For their safety, law enforcement officers conduct a Terry search for any weapons on the occupants of the vehicle.
The driver has traffic stop rights, many of which individuals are not aware of. When a driver is facing a traffic stop, they should slow down and pull over immediately to a safe location. It is important to note that although law enforcement will ask questions during a traffic stop, such as where the driver is going, the driver is not required to answer the questions. They may state they are exercising their right to remain silent.
The driver, however, must provide information regarding their:
- Driver’s license;
- Vehicle registration; and
- Insurance.
Law enforcement officers are limited in their ability to search a private vehicle. However, according to the plain view doctrine, anything that is in plain view of the officer may be investigated. However, anything outside of plain view requires a warrant to search. This includes:
- Glove compartments;
- Trunks; and
- Under the seats.
If the driver does not consent to a search, law enforcement must obtain a warrant prior to searching the vehicle. It is generally advised that an individual should decline a law enforcement officer’s request to search their vehicle.
What are My Rights as a Passenger?
In general, passenger rights when pulled over as the same as the driver during a traffic stop. These include the right to:
- Be free from unreasonable or illegal searches by law enforcement;
- Remain silent and not answer questions asked by the police;
- Challenge the legality of the traffic stop in court; and
- Challenge the legality in court of any search after the stop.
In many cases, a driver is considered to have knowledge or responsibility for what is contained in the vehicle they are operating. For example, the driver of a vehicle may be held responsible for any illegal substances or contraband found in the vehicle by law enforcement.
Passengers, however, are typically not held to have the same knowledge or responsibility for such items unless they are the owner of the vehicle, are in arm’s reach of the item, or some other indication exists that the item was theirs. The passenger may have additional rights depending on the type of stop and the subsequent investigation.
Does a Passenger Have to Show ID During a Traffic Stop?
Whether or not a passenger is required to show identification during a traffic stop will vary by state. As a general rule, a passenger is likely not required to show identification. However, law enforcement can require the passenger to show their ID if the officer has reasonable suspicion that the individual has violated the law or was in the process of violating the law.
Do You Have a Right to Refuse Alcohol or Drug Testing?
If a driver is stopped for suspicion of DUI, or driving under the influence, the passenger may refuse any testing by law enforcement to determine their intoxication level. The driver, however, may not be able to refuse alcohol or drug testing depending on the state. The driver may also face penalties for refusing, also depending on the state.
The potential crime being investigated is whether or not the driver is driving while impaired. The intoxication of the passenger has no relevance to this issue. Therefore, a passenger should be able to refuse any alcohol or drug field tests without facing any driver’s license suspensions or arrest for refusing.
Do You Have a Right to Challenge the Length of Detention During a Traffic Stop?
In some cases, yes, an individual has the right to challenge the length of detention during a traffic stop. In general, law enforcement may detain or prevent an individual from leaving for the purpose of investigating a crime or for law enforcement officer safety. This detention, however, must be reasonable.
There are many factors that determine whether a traffic stop detention is reasonable and each situation is unique. Because passengers are typically not the subject of a traffic stop investigation, their detention for an unreasonable amount of time may be illegal. Therefore, they may be able to challenge that duration in court.
What are Some Guidelines for Passengers Interacting with Police During a Traffic Stop?
Every traffic stop, even what seems like a routine one, can be a major event and should be handled with respect. It is important to note that a law enforcement officer is performing the job they were hired to do. Rules and regulations of the road exist for very important reasons, including driver safety. Speed limits are often in place because of the amount of time it takes to stop a vehicle, not because the government wants everyone to be late for work.
It is important to be familiar with how to handle a traffic stop for the safety of the driver and surrounding individuals. Remember, driving is a privilege, not a right. The following are some simple steps for a traffic stop:
- Slow down and safely pull over as soon as possible. If it is not possible to pull over immediately, an individual may turn on their flashers as acknowledgement of the traffic stop. If they do not, they may be accused of evading law enforcement;
- Remain calm. Remember that it is possible to have committed a minor traffic violation unwittingly. Or, the law enforcement officer may simply wish to alert the driver to a problem with their vehicle, such as a tail light that is not functioning;
- Turn the engine off;
- Place both hands on the steering wheel;
- Keep the seatbelt fastened;
- Do not exit the vehicle unless instructed to do so;
- Do not make any sudden movements;
- Be courteous and respectful;
- Comply with the law enforcement officer’s request to see a:
- Driver’s license;
- Registration; and
- Proof of insurance.
- Remain polite throughout the stop;
- Do not volunteer information. If the officer continues to question the driver, they may ask:
- Am I under arrest?
- Am I free to leave?
- To speak to a lawyer, and then say it is their wish to not answer any questions until they have done so;
- Sign the ticket, if one is issued. This is typically not an admission of guilt, but merely acknowledging receipt of the ticket;
- Request the officer’s name and badge number; and
- At the conclusion of the stop, if an individual is not told, they may ask if they are permitted to leave, and do so calmly.
It is important to remember that law enforcement is given broad authority to control potentially dangerous or criminal situations. It is also important to note that an individual should never resist an arrest, even if they do not believe it is legal. An individual’s appropriate behavior can keep them safe as well as place them in a better position to challenge law enforcement activity later in court, if necessary.
Should I Seek Legal Advice from an Attorney for a Traffic Stop?
Yes, it is essential to have the assistance of an experienced traffic ticket lawyer for any traffic stop issues. If you are facing criminal charges from a traffic stop in which you were the passenger, an attorney can help protect your rights. An attorney will review the case, determine if your rights were violated, and represent you during any court proceedings, if necessary.
