Your Rights During a Police Stop or Search
Encounters with law enforcement can be intimidating, especially if you’re not sure what your rights are. The Bill of Rights in the U.S. Constitution provides valuable protections during police stops and searches. Knowing your rights can help you navigate these situations more safely and effectively—and may even help preserve your legal options if you’re accused of a crime. Learn about your rights below, and if you’ve been arrested for DWI or other misdemeanor or felony offenses in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and experienced Goshen criminal defense lawyer.
When Can Police Stop You?
Police officers in New York can stop you under different legal standards depending on the situation. One common type of stop is the “Terry stop” or investigative detention. Under the landmark U.S. Supreme Court case Terry v. Ohio, police can stop and briefly detain a person if they have a “reasonable suspicion” that the person is involved in criminal activity. This standard is lower than probable cause, which is required for an arrest or for obtaining a search warrant.
In a traffic stop, for example, police need a reasonable suspicion that a traffic violation has occurred such as speeding, running a red light, or having a broken taillight. Once you’re pulled over, the officer may ask for your license, registration, and proof of insurance. While you’re required to provide this information, you still have important constitutional rights during the encounter.
Your Right to Remain Silent
The Fifth Amendment protects your right against self-incrimination. This means you generally do not have to answer questions about where you’re going, where you’re coming from, or what you’ve been doing. You can invoke this right by saying, “I am exercising my right to remain silent.” However, you must still provide your basic identification if you’re being lawfully detained.
It’s important to be polite and calm during any police interaction. Clearly stating that you wish to remain silent is different from simply refusing to answer or walking away. If you’re unsure whether you’re free to leave, you can ask, “Am I being detained, or am I free to go?”
Your Right to Refuse a Search
The Fourth Amendment protects against unreasonable searches and seizures. In general, police need a warrant to search your person, your home, or your belongings. However, there are exceptions. One major exception is consent—if you voluntarily allow the police to search, they don’t need a warrant or probable cause.
If an officer asks to search your vehicle, bag, or pockets, you have the right to say no. You can respond politely with something like, “I do not consent to a search.” This may not prevent the officer from conducting the search anyway, but it could later be used to challenge the legality of the search in court.
Police may also perform a pat-down or frisk if they have reasonable suspicion that you’re armed and dangerous. This is allowed under Terry v. Ohio, but it must be limited to a quick search for weapons.
Searches of Vehicles
The law gives police more leeway when it comes to searching vehicles. If police have probable cause to believe your vehicle contains evidence of a crime, they may search it without a warrant. Probable cause might arise from the smell of marijuana, visible contraband, or a suspicious statement.
That said, you’re still protected against unreasonable searches. If you’re stopped and your car is searched without a clear legal justification, any evidence found might be inadmissible in court. Always make it clear if you do not consent to a vehicle search.
What Happens If You Are Searched or Arrested?
If police conduct a search or make an arrest, do not resist—even if you believe the action is wrong. Resisting can lead to additional charges and increase your risk of harm. Instead, comply calmly and assert your rights verbally. After the incident, write down everything you remember, including the officers’ badge numbers, patrol car numbers, and any witnesses’ contact information.
Once you’re arrested, the most important right to invoke is your right to an attorney. You can say, “I want to speak to a lawyer.” This tells police they must stop questioning you until your attorney is present. Do not discuss your case or try to explain yourself without legal counsel.
Special Considerations for Minors
If you are under 18, you still have constitutional rights during police encounters. However, minors are often more vulnerable and may not fully understand their rights. In New York, minors are entitled to have a parent or guardian present during questioning. It’s especially important for young people and their parents to understand the limits of what police can and cannot do.
Why Legal Representation Matters
If your rights were violated during a police stop or search, an experienced criminal defense attorney can challenge the evidence and protect your freedoms. Courts take constitutional violations seriously, and illegally obtained evidence may be thrown out. This can significantly impact the outcome of your case.
At Dupée & Monroe, P.C., we are committed to safeguarding the rights of individuals facing criminal charges in Goshen, Orange County, and throughout the Hudson Valley. Whether you’ve been stopped, searched, or arrested, we’re here to help you understand your rights and fight for the best possible outcome in your case.
Contact Dupée & Monroe, P.C. for Immediate Assistance
If you’ve had a police encounter and believe your rights may have been violated, don’t wait to get legal advice. Contact Dupée & Monroe, P.C. today to schedule a confidential consultation. We can review the circumstances of your stop or arrest and explain your legal options in clear and practical terms.
