First, you have to ensure your own safety. Keep your hands on the steering wheel and wait for the officer to approach you. Don’t start rifling through your glove box looking for your documents because the police may view those actions as threatening. Staying calm and keeping your hands in view of the officer is the best way to keep the detention as short as possible and denies the officer an excuse to conduct further investigation.
If the officer asks for your driver’s license, insurance, and car registration, you should provide them to keep the detention as short as possible. If the officer asks you questions like where you are going or where you are coming from, you do not have to answer. If the officer asks you whether they could search your car, you are free to say, “No!” A good rule of thumb – if an officer asks you for something, it’s a good indication they don’t have the legal right to do it. That’s why they’re asking!
You are allowed to ask the officer if you are free to leave. If the officer says yes, you should leave. If the officer says no, then you are being detained. An officer is allowed to order you out of your vehicle and you have to comply with an officer’s lawful order. If you are being detained, the officer can only detain you for as long as is necessary to investigate the crime for which they pulled you over for. For example, if the officer pulled you over because your registration tag is outdated, then they can’t detain you for very long without additional evidence of another crime.
On the other hand, if the officer sees evidence of another crime while you are being detained, the officer may be able to detain you longer to investigate that other possible crime. Things like what you’ve said, how you’ve answered their questions, and how you’ve moved your hands can be used as a basis for the cop to keep investigating. That’s why it’s best to stay calm with your hands out, not answer any probing questions, and invoke your right to remain silent if necessary.
Once you’ve received your citation, ask the officer if you are free to leave. If they say yes, then safely drive away. If the officer seeks to arrest you, do not say anything, do not fight, and do not answer any questions whatsoever, even if you think it’s harmless, as everything you say WILL be used against you. Invoke your right to remain silent and ask to speak with your attorney, Chris Bou Saeed.