Traffic stops are tense encounters. Seeing the blue lights in your rearview mirror is an uncomfortable experience, especially if you are not sure why you are being pulled over. Fortunately, motorists have critical rights at a traffic stop. Although the police can demand that you identify yourself, you have a right to otherwise remain silent. Our Florence criminal defense lawyer explains more about your rights in this article.
When Can Police Pull You Over?
The U.S. Constitution places limits on when the police can stop you. An officer can only stop a motorist if they have probable cause that you committed a crime or at least reasonable suspicion that criminal activity is afoot. This suspicion must be more than a “hunch.” Instead, an officer must be able to point to specific facts supporting their suspicion.
A major exception is DUI checkpoints. In South Carolina, the police can stop a car without reasonable suspicion. However, police must satisfy certain requirements in advance as to where they can set up a checkpoint and stop cars in a predictable pattern.
What Are Your Obligations During a Stop?
South Carolina traffic stop laws require that a motorist do the following:
- Stop promptly. You can’t flee from the officer, which is a crime. Pull over as soon as you can to the side of the road.
- Park the car. Don’t just sit on the brake. Park the car and make sure your hands are visible as the officer walks up to the driver’s window.
- Identify yourself if asked. Although you have a right to remain silent, the police can demand that you identify yourself. They can also request your license, registration, and proof of insurance.
- Do not resist arrest. The police can only arrest you if they have probable cause that you committed a crime. Although this is not a high bar, sometimes police lack the required probable cause but make an arrest anyway. You absolutely should not resist or fight back, even if you think the arrest was unlawful.
What Are My Rights During a Traffic Stop in South Carolina?
Now that we have gotten your duties out of the way, let’s talk about your rights.
- You have the right to remain silent. The Fifth Amendment gives you the right against self-incrimination. Although you need to identify yourself, you don’t have to answer any other questions from the officer. Often, they ask where you are going or what you are doing. You don’t have to answer. An officer might ask if you were drinking. You can always say, “I don’t want to answer that.”
- You have the right to decline a search of your car. The Constitution also requires that officers obtain a warrant to search. If you are driving, then the automobile exception applies if the officer has probable cause. However, the police usually ask for your consent. You are not obliged to give it.
- You have the right to decline a search of your phone. Increasingly, cops want to search your phone for proof of a crime. You can refuse and make them get a warrant instead.
- You have the right to decline to participate in a field sobriety test. To see if you are intoxicated, the police might ask you to get out of the car and undergo some common tests, like the one-leg stand. You do not have to comply.
- You can decline a breathalyzer or other chemical test. An officer might request a breath test to find proof that you are legally intoxicated. You can decline to participate. Of course, there are consequences if you decline, thanks to South Carolina’s implied consent law. The officer should tell you what they are: in particular, your license will be automatically suspended for declining to take the test. (South Carolina Code § 56-5-2950.) But you certainly have a right to decline.
These are important rights. An officer might be upset if you refuse to answer their questions or give a breath sample. Even if they badger you, you should try to remain calm and in control.
What happens if the police arrest you anyway? Some arrests are unlawful, but the officer goes ahead anyway. Your lawyer can challenge the arrest as unconstitutional in front of a judge. Critically, you should not resist arrest. Some officers are looking for any reason to escalate an encounter.
You Have the Right to An Attorney after an Arrest
This is the most important right. You always have the right to a lawyer’s assistance. The police should tell you this right when giving you Miranda warnings.
Of course, you can hire a lawyer even before arrest, but it’s a little impracticable to get a lawyer while you are on the side of the road. Wait until you are in police custody and then demand an opportunity to call an attorney.
All the rights listed above continue even after arrest. You do not have to answer any police questions, but can remain silent. You also do not have to voluntarily permit them to draw blood. Make them get a warrant to perform a blood draw or to search your phone.
Contact Our Florence Criminal Defense Lawyer for Help
Were you stopped in the 29501 zip code or the surrounding areas? We can help. Too many motorists hand over incriminating evidence to the police on a silver platter. They consent to a search of their car and phone, which ends up leading to a quick arrest and conviction. Understand your rights at a traffic stop in the Palmetto State.
Call Swilley Law Firm, LLC, for immediate help with any criminal charges. We have experience with DUI, drug charges, and other common crimes. Our firm can analyze whether the stop and arrest were lawful. If not, we can then ask a judge to keep out any evidence collected in violation of your constitutional rights. Many cases will collapse like a house of cards at that point. Contact us to schedule a consultation.
