When Can an Officer Pull You Over?

To stop your vehicle, an officer must have either reasonable suspicion or probable cause that you committed an offense.

• Reasonable suspicion is a specific, articulable reason to believe you may be involved in a violation. It cannot be just a hunch or a feeling.

• Probable cause means the officer can show it is more likely than not that you committed an offense.

If you are stopped without reasonable suspicion or probable cause, evidence found as a result may not be used against you.

What Should You Do During a Stop?

• Do provide your license, registration, and insurance.

• Do remain calm and respectful.

• Do NOT give the officer permission to search your car.

• Do NOT give the officer permission for a drug dog to touch your car.

• Do NOT volunteer incriminating information (for example, avoid saying “Yes, I was speeding”).

When Must Officers Provide Miranda Warnings?

Officers are required to give Miranda warnings only when:

1. You are not free to leave; and

2. You are being interrogated.

If both conditions apply and the officer fails to give the warnings, any incriminating statement you make cannot be used against you.

Can a Drug Dog Sniff Around Your Car?

Yes. A drug dog may conduct a “free-air sniff” around your car without your permission and without probable cause. However, the dog cannot interfere with your vehicle (for example, jumping up or placing paws on the car) unless you give permission.

When Can an Officer Search Your Car?

An officer needs either:

• Probable cause that evidence of a crime is in your vehicle, or

• Your consent.

Common ways officers establish probable cause include:

• A positive alert from a drug dog,

• Seeing illegal items in plain sight,

• Smelling drugs, or

• Admissions from the driver or passengers.

If you know there is something illegal in your car, never give consent for a search.

Want More Information About Your Rights?

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