Here’s what to do (and not do) if you get pulled over in California. What are my rights?
While law enforcement officers in California have the right to pull you over with reasonable cause, what does California law say about your rights during a traffic stop?
Reader Clifford Ephraim asked The Sacramento Bee’s service journalism team, which focuses on helping the community navigate daily life: “What are your rights when officers pull you over while driving?”
If a California law enforcement official flashes their emergency lights behind you, here are some of your rights and questions you can expect from an officer:
What rights do you have during traffic stop in California?
Officer Cody Tapley of the Sacramento Police Department said the Fourth Amendment protects people from unreasonable searches by government officials.
“A traffic stop would be considered a seizure under the Fourth Amendment,” Tapley said. “Officers need to have reasonable suspicion or probable cause for effecting a stop.”
When a law enforcement officer stop you, Tapley said you are not free to leave until the traffic stop has been completed and the officer releases you.
According to the American Civil Liberties Union website, drivers have the right to:
- Remain silent, but must let the officer know if they wish to exercise that right.
- Refuse to consent to a search of themselves or their car.
- Their constitutional rights regardless of their citizenship status.
What can you expect at a traffic stop in California?
While every traffic stop can be different, Tapley said officers will typically ask for your driver’s license, vehicle registration and proof of insurance.
According to the California Vehicle Code, drivers must be able to provide all those documents during a traffic stop.
“Officers may ask you additional questions surrounding the nature of the stop,” Tapley said. “Traffic stops are far from routine and every single stop is different so there is no one size fits all.”
What should you do — and not do — when you’re pulled over?
When a law enforcement officer pulls you over while driving, Tapley said you should and shouldn’t do the following:
Do
- Activate your turn signal or hazards and pull off or to the side of the roadway as soon as it is safe to do so.
- Turn off the engine and turn off any audio devices.
- Stay in your vehicle unless directed by the officer to exit.
- Turn on your interior lights if you are pulled over at night to assist with visibility.
- Keep your hands on the steering wheel or in a visible location.
- Follow the officer’s instructions for you or your passengers.
- Lower the corresponding window the officer approaches.
- Let the officer know if you have a weapon in the vehicle upon the their arrival to your window.
- Wait for the officer’s instructions before reaching for your license or documents.
Don’t
- Stop abruptly in traffic or pull over without signaling.
- Get out of the car unless the officer tells you to.
- Lie or give false information.
Can police search me or my phone during a traffic stop?
Law enforcement officers must have a search warrant before they can search you or your phone.
However, there are a few circumstances when a officer can search your phone without a warrant, according to the Supreme Court of California.
These circumstances, or “exigent circumstances,” include when officers have to prevent possible danger to someone, prevent the destruction of evidence in a crime, or during the escape of a fleeing suspect.
Law enforcement officers can also search your phone with your consent.
This story was originally published December 12, 2023 at 5:00 AM.
