If you are ever pulled over for any reason by a law enforcement officer here are some tips to keep in mind to ensure not only your rights remain intact but your safety as well:
Best practice is to pull over to a safe location that will not be in the way of other vehicles on the road. Parking lots are always a good spot to pull over if in the vicinity of you, otherwise always pull over to the right side of the road. Do not forget to use your turn signals.
After pulling over to a safe location, put your vehicle in park, turn off the engine, and turn an interior light on if it’s dark outside. Do not unbuckle your seatbelt. Keep your hands on the wheel where the officer can clearly see them. This is for your safety and the officer’s safety. If they see furtive or sudden movements, they may become suspicious that you have illegal items on you or a weapon and react differently.
It's easy to get anxious and nervous when pulled over by an officer but it’s important to remain calm and try to keep a clear head. When the officer approaches, they will ask for necessary documents such as your license and registration. Massachusetts by law requires an individual to have insurance before registering their vehicle so you may not be asked for insurance. It’s best practice to have a copy of your insurance card on your phone.
Officers typically will ask if you know why you were pulled over or the reason for the stop. You do not have to answer them, you can simply say “I don’t know officer, if you could tell me I would appreciate it.” Remember to be respectful when speaking with officers, do not argue back if they give you the reason for the stop.
If more questions are asked of you, again speak with a respectful tone and do not argue back with officers, it will give them more information to use against you. Overall, you always have a right to remain silent and not to say anything that would incriminate you beyond providing your name. Saying less and being brief is best.
Do not exit your vehicle unless the officer asks you to exit. If asked, you should exit the vehicle. Remember to remain calm and not make sudden movements during any interactions with officers. Follow their instructions as they give them to you.
If an officer asks to have consent to search your vehicle you do not have to give consent to search your vehicle ever. There are proper channels officers can use such as getting a warrant if they believe the vehicle needs to be searched, otherwise do not give consent to search your vehicle.
If you are being arrested and you believe the arrest is incorrect or unlawful DO NOT RESIST. Resisting will only make the situation worse and often will lead to injuries as officers can use force when someone is resisting. Stay calm and allow the officers to arrest you by following their commands.
At this point after being arrested, officers should give you your Miranda warnings. Do not talk to officers and do not waive your right to remain silent. It’s easy to think that you will be able to “talk your way out of things” but frequently people overexplain and it makes their case worse.
The best things to keep in mind if you are pulled over are to remain calm and comply with officers’ commands. Once you are released after your arrest, that is when you call Gilman Law for help and let US take care of all the things an officer may have done wrong during your interaction. While it is scary and nerve-wracking being pulled over, it is part of life and you should make yourself knowledgeable on what to do in that situation.
