Seeing blue lights in your rearview mirror makes almost anyone's stomach drop. Knowing a few basics can help you stay calm and protect your rights.
The guiding idea is simple: stay safe at the scene, be polite, and save any disagreements for later.
As You Pull Over
- Signal and pull over in a safe, well-lit spot as soon as you reasonably can.
- Turn off the engine and turn on your interior light if it's dark.
- Keep your hands where the officer can see them, ideally on the steering wheel.
- Stay in your seat unless you are told to get out. Don't reach for your glove box or bag until the officer asks for your documents.
- Roll the window down enough to communicate safely.
Documents and Basic Questions
Tennessee law generally requires drivers to have a license and to show it when an officer asks, and officers usually ask for proof of registration and insurance as well. Tell the officer before you reach for anything, so the movement doesn't cause alarm.
- Say something like, "My license is in my wallet. May I reach for it?"
- You are not required to explain where you've been, where you're going, or what you've been doing. You can politely decline, though being courteous usually keeps things calmer.
- Don't lie. A false statement can create new problems that didn't exist before.
Know What an Officer Needs to Stop You
Under the Fourth Amendment, an officer generally needs at least reasonable suspicion that a traffic violation or other offense has occurred to pull you over. Courts have allowed stops based on even minor violations, and the officer's real motive often doesn't matter if a legitimate reason exists. A stop is also supposed to be limited to its purpose. The U.S. Supreme Court held in Rodriguez v. United States that police generally can't extend a stop beyond the time reasonably needed to handle the traffic matter just to wait for a drug dog or investigate something unrelated, unless they have separate reasonable suspicion.
- It is reasonable to ask, "Officer, am I free to go?" once the officer has finished the ticket or warning.
If the Officer Asks to Search
Officers sometimes ask, "Mind if I take a look in your car?" That question is a request for your consent. If you agree, you may give up the argument that the search was unlawful.
- You can say clearly and calmly, "I don't consent to a search."
- Saying this doesn't make you guilty, and it doesn't give the officer a reason to search.
- Don't physically block or resist an officer, even if you believe a search is unlawful. If one happens over your objection, state again that you do not consent, then stop talking about it.
- Officers can sometimes search a vehicle without consent, such as when they have probable cause.
Orders to Step Out and Passengers
The Supreme Court has said officers may order a driver out of a car during a lawful stop, and passengers are treated as stopped too. If you're told to step out, do so calmly.
- Passengers can ask whether they are free to leave. If the answer is yes, they may leave calmly.
- Passengers generally don't have to answer questions, but they should stay polite and keep their hands visible.
Questions About Drinking or Impairment
If an officer suspects impairment, you may be asked to take roadside tests or a breath or blood test. Tennessee has an implied consent law, and refusing a chemical test can carry its own consequences, including license penalties. If you're in this situation, it's worth talking with a lawyer as soon as possible about your options.
Speaking, Staying Silent, and Recording
- You have the right to remain silent. If you want to use it, say so plainly: "I'm going to remain silent."
- If you're arrested and want a lawyer, say clearly, "I want a lawyer." Then stop answering questions.
- Several federal appeals courts have recognized a First Amendment right to record police in public, but the law in Tennessee is less settled. A Tennessee law also lets officers order people to stay 25 feet back during a traffic stop, and that law is being challenged in court. If you record, don't interfere, tell the officer before you reach for your phone, and follow any order to move back.
- Don't argue, insult, or run. Even if you believe the stop is unfair, resisting can lead to additional charges and put you in danger.
After the Stop: Write It Down
As soon as you're safe, record what you remember while it's fresh.
- Write down the date, time, location, and why the officer said you were stopped.
- Note the officer's name, badge number, agency, and patrol car number if you have them.
- Record what was said, what was asked, whether you consented to anything, and how long each part took.
- List any witnesses and save any phone, dash-cam, or doorbell video.
- Photograph any injuries or property damage, and get medical care if you need it.
When a Stop May Have Crossed the Line
Sometimes a stop goes beyond what the law allows, such as an arrest without probable cause, an unlawful search, or the use of unnecessary force. Federal law allows people to bring civil claims against government officials who violate constitutional rights, and these cases have defenses and hurdles that make them complicated. Deadlines also apply, and in Tennessee they can be as short as one year for many such claims. A traffic ticket or criminal charge may also have its own deadlines and court dates, so don't ignore them.
If you think your rights were violated, consider reaching out to a lawyer promptly to talk through what happened. Every situation is different, and nothing here predicts what the outcome of any case might be.
If you have questions about a traffic stop or an encounter with law enforcement, our office at MT Legal is available to listen and explain your options.
Learn more about Civil Rights Litigation
This article is general information about Tennessee and federal law, not legal advice for your situation. Reading it does not create an attorney-client relationship.