All traffic stops occur when a law enforcement officer has reasonable suspicion that you’ve committed a traffic violation or are engaging in criminal activity. This can include anything from having expired tabs to driving recklessly to rolling through a stop sign. Officers have the right to briefly detain you for investigative purposes, which doesn’t give them the authority to ignore your constitutional rights.
During most stops, an officer will return to their vehicle to check your documentation. The amount of time you will spend in your car will increase due to issues such as an expired registration or obvious problems with your vehicle. The police are expected to expedite the process within a reasonable timeframe that doesn’t compromise officer safety.
An officer must have a legitimate reason, such as reasonable suspicion of another crime or probable cause, to extend a traffic stop beyond the time needed to address the original violation. If a search of your driver’s license reveals an outstanding warrant or other information suggesting you may be armed and dangerous, the officer may have justification to call for backup and conduct a pat-down or frisk for weapons consistent with Terry v. Ohio. It also may allow for a legal search of your vehicle, as does having contraband in plain sight. If you’re showing signs of intoxication, the stop will almost certainly be extended by the officer asking you to take a field sobriety test.
This doesn’t mean the police can trample on your rights during a traffic stop. Deliberately stalling to allow something like a K9 drug-sniffing unit to arrive on the scene without probable cause is unconstitutional. So is extending the stop after resolving the initial issue, such as giving the driver a citation.
While it can feel like an eternity, the police have an obligation to keep a traffic stop as reasonably short as possible. If a routine traffic stop stretches to 30 minutes or more without a clear explanation, it may raise questions about whether the delay was reasonable. The details of your situation will dictate the length, but there are a few things to keep in mind to achieve the best available outcome.
You are permitted to ask the officer questions. They are required to let you know why you were stopped and explain any delays in processing the interaction. If you’re not sure whether you still have to stay, ask the officer whether you’re being detained or can leave. You can also ask how much longer they think the stop will take, but understand that they’re under no obligation to provide an answer.
If possible, use your phone or a dash camera to record your interactions with law enforcement. You have the right to do so, as long as it doesn’t interfere with the officer’s investigation. Even if you don’t think you have anything to hide, the onus is on the police to have probable cause to conduct a legal search. Even if you have concerns that the stop is being illegally extended, be as cooperative as possible.
If you or a loved one is in a bind as a result of a criminal allegation, immediately contact a Seattle Criminal Attorney. A Seattle Criminal Defense Attorney is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their DUI charge, and some times even get them dismissed. So, it should go without saying that someone cited for a DUI should hire a qualified Seattle DUI Lawyer as soon as possible. DUI charges can cause havoc on a person’s personal and professional life. Anyone charged with a DUI in Washington State should immediately seek the assistance of a seasoned Seattle DUI Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.