Were You Pulled Over? Know Your Rights
Posted September 11th, 2017 by Anthony Carbone, PC.
Categories: Criminal Defense.
Did you ever think about what would happen if you were arrested when being pulled over? It’s a scary thought to many, but you don’t need to make the situation worse than it should be.
First and foremost, you should always stay calm. The United States Constitution specifies that everyone within U.S. borders is protected by rights under the U.S. legal system. The 4th Amendment stipulates protection from unreasonable searches and seizures, while the 5th Amendment protects against unfair treatment from legal processes. In layman’s terms, there is no need to act foolish or act out when an officer is walking to your vehicle after pulling you over. Don’t give them a reason to make it harder for yourself.
Let’s say a New Jersey State Police Officer pulls you over for allegedly speeding down the interstate. So what should you do? Here are some of the acceptable actions they (or you) are permitted to do and ask for:
- The officer has the right to approach and question any civilian
- Asking for a form of identification
- Officer can detain you with a physical copy of an arrest warrant and/or suspect you have committed a crime or felony
- Officer can subject you to light pat-down if they suspect you have a firearm
- If placed under arrest, you must listen to officer’s instructions
Not permitted to do (including you):
- You have the right not to answer any questions from officer after proper identification
- You can ask if you are under arrest and if yes, ask what you are being charged with
- You have right to leave if you aren’t being charged
- Cannot search you with a physical copy of a warrant (And never agree to a search without a copy)
If you end out being arrested in this scenario, an officer must read you your Miranda Rights. However, they do not have to read them until you’re in custody in the state of New Jersey.
Other things to do in case you are getting pulled over include stopping your vehicle as quickly and safely as possible, not making any sudden movements, keeping your hands near your steering wheel and agreeing to the acceptable actions above. And it’s important to remember if you are arrested you have the right to an attorney. So make sure you contact our office right away.
The Law Offices of Anthony Carbone has represented several individuals charged with traffic violations. Contact us to determine how we can help you.