Tampa Criminal Defense
It’s a reality in modern life that police conduct traffic stops all the time. It’s also a reality that these stops are sometimes conducted for a purpose other than enforcement of traffic laws. A common tactic used by drug enforcement units to request that other police units conduct a traffic stop on suspected drug dealers and traffickers. It a common, and often successful, tactic because most people do commit minor traffic violations all the time while driving. And it is perfectly legal.
Because police are often looking to do more than stop traffic violations, they will commonly ask drivers questions that seemingly have no relation to driving. Is this legal? What are your rights if you find yourself in this situation? Do the police have to read you your rights prior to asking questions? I’ll do my best to answer these questions for you.
First, it is absolutely legal for police to ask questions of stopped motorists and to ask for identifying documents, vehicle registration, and insurance paperwork. They can also, without question, ask you about the alleged traffic violation. They can do this because the U.S. Supreme Court has determined that drivers detained for traffic violations are not “in custody” for purposes of Miranda. Berkemer v. McCarty, 468 U.S. 420 (1984). This means they don’t have to read you your rights prior to any questioning. Also, with regards to questions regarding your identification, vehicle registration and identification, you have to respond.
What about questions that are seemingly unrelated to the traffic stop, such as, “Do you have any weapons or drugs in the car?” This issue is trickier but the end result is still the same. In State v. Hinman, 100 So.3d 220 (Fla. 3d DCA 2012), Hinman was stopped for a traffic violation and was asked whether she had weapons or drugs in the car. She ultimately answered that she did and was arrested for possession of Hydrocodone.
Her attorneys argued that she should have been read her Miranda rights prior to that question. While the trial court agreed and suppressed her answer and the later recovered drugs, the Third District Court of Appeal reversed and held that the preliminary question, “Do you have any weapons or drugs?” did not by operation of law transform the lawful traffic stop into a formal arrest or custodial interrogation (which would trigger the need for law enforcement to read Miranda). As such, questioning about drugs or weapons in the vehicle is legal.
However, if you find yourself in this situation, you do not have to answer the question. You would be perfectly within your rights to refuse to answer that question and you cannot be arrested for your failure to answer that question. While refusal to answer that question may heighten the cop’s suspicion of you, it will not give him probable cause to search your vehicle without your consent. This does not guarantee your vehicle won’t be searched, but it may allow your attorney to argue that the search was illegal and give you a good chance of success in the courts. If you answer truthfully and you are in possession of illegal materials / substances, you will have signed your own arrest warrant.
If you have been involved in an auto accident, contact the Tampa Criminal Defense team at Brandon Legal Group today for your free consultation.
DISCLAIMER: THIS DOES NOT CONSTITUTE LEGAL ADVICE. THE USE OF HYPOTHETICALS IN THIS ARTICLE ARE FOR INFORMATIONAL PURPOSES ONLY AS THE FACTS IN EVERY CASE ARE DIFFERENT AND MAY RESULT IN DIFFERENT OUTCOMES.
