You may have heard about the Miranda Rights or even seen them acted out on television. But their effect may not fully process in your mind when they are personally read out to you. You must remain calm in this moment and review them in your head before taking any further action. With that being said, please follow along to find out your legal rights during a police traffic stop and how one of the proficient Bergen County criminal defense attorneys at McNerney & McAuliffe can step in and protect you at this critical time.
What are my rights during a police traffic stop?
The first thing you may recall from the Miranda Rights is your right to remain silent. What this specifically means is that you are allowed to refuse to answer any inessential questions that a law enforcement officer may pose to you during your traffic stop (i.e., where are you going, where are you coming from, etc). Importantly, though, while you have rights during your stop, you equally have obligations. This is to say that you need to answer basic, identifying information, such as your name, phone number, and residential address. You may also be expected to hand off your driver’s license, vehicle registration, and auto insurance information.
Secondly, you also have the right to refuse a search of your vehicle during your traffic stop. However, this may prompt an officer to seek a warrant if they have probable cause to believe that there are illegal substances present in your vehicle, you have been participating in illegal activity, or otherwise. Then, with this warrant, you no longer hold the right to withhold consent, and you must comply with an officer’s orders to step out of your vehicle.
Lastly, you have the right to document your entire encounter with the officer during your traffic stop. This recording may help you later on in your criminal trial proceedings, especially if you believe the officer is conducting an illegal stop, acting discriminatory manner towards you during the stop, or otherwise. Of note, you must ensure that your recording does not interfere with the officer’s ability to execute their necessary duties. Also, it should not distract you from answering required questions and complying with mandatory orders.
When should I retain a legal representative?
One of the final lines mentioned within the Miranda Rights is your right to an attorney. And if you cannot afford an attorney, you have the right to have one provided for you. With this, if you decide to answer questions before getting an attorney, you have the right to stop answering at any time until you get one. At the end of the day, though, it is recommended that you retain a legal representative as soon as possible. And so to not accidentally and wrongfully incriminate yourself, we advise you not to answer anything except the basic identifying questions posed by a law enforcement officer.
We understand just how overwhelming all of this can be for you. So, if you have any remaining questions, please consult with one of the talented Bergen County criminal defense attorneys. The team at McNerney & McAuliffe is willing and able to provide you with legal assistance in any capacity.