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Updated on July 22, 2024
As a passenger in a car, you cede a good deal of control to the person behind the wheel.
For example, if the driver chooses to speed, you can find yourself being pulled over through absolutely no fault of your own. If the driver is discovered to have marijuana or another illegal drug in the car with him or her, what are your rights in the situation?
It’s important to know that you do have rights as a passenger, and knowing what they are can help you protect them if you are ever involved in a traffic stop. Contact a Killeen criminal defense attorney to protect your rights after a traffic stop and at any other time.
First Things First: Reasonable Suspicion
The Fourth Amendment gives us all the right to privacy, which includes freedom from unreasonable search and seizure by officers of the law. To stop the driver behind the wheel of the car in which you are a passenger, the police officer needs a reasonable suspicion that the driver has committed either a traffic offense or a crime.
In other words, the police need a reason to pull a driver over. They cannot simply pull someone over on a whim. However, something as simple as a burned-out headlamp is reason enough. The police can also stop a driver if they have a credible reason to believe that someone in the vehicle may have been involved in a crime – such as if the vehicle matches a bank robbery getaway car.
You Are Part of the Stop
As a passenger in the stopped car, you are part of the stop taking place. You cannot simply take your things and walk away.
Further, if the police officer needs to order you out of the car for safety reasons, he or she is authorized to do so by the Supreme Court. Passengers can present a danger to police officers, and restricting a passenger’s movement can help increase the officer’s safety.
The bottom line is that your right to privacy as a passenger in a vehicle that has been stopped must be balanced by any perceived threat to the police officer. However, any restrictions the officer puts upon you and your movement must be predicated on the officer’s safety.
Once the traffic stop is concluded, the officer no longer has any right to restrict, control, or direct your movements.
Protect Yourself
If you are a passenger in a vehicle that has been pulled over by the police, there are important steps you can take to protect yourself:
Remain calm, be polite, and do what is asked of you.
Keep your hands visible. You do not want to concern the officer about his or her safety.
Stay in the vehicle unless the officer asks you to exit it.
Do not consent to a search. You are not required to consent to a search, and you are well-advised not to do so.
If your rights are violated, contact a Killeen criminal defense attorney.
You Need an Experienced Killeen Criminal Defense Attorney on Your Side
If you are facing criminal charges, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen is a dedicated criminal defense attorney with the experience, resources, and drive to bring your strongest defense to support your case’s most positive resolution. We are here to help, so don’t hesitate to contact us online or call us at (254) 781-4222 for more information.