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WHAT TO DO IF YOU ARE STOPPED

"READ 'EM THEIR RIGHTS!"

 


WHAT TO DO IF YOU ARE STOPPED

You see the flashing lights in the rearview mirror. What should you do?

No need to panic. Signal, pull over as far as possible to the right, and stop.

Keep you hands in plain view and do not make any sudden movements - the officer does not know you or your intentions. Reaching for your insurance information in the glove box might look like you are reaching for something else.

Wait for the officer to park the patrol car and approach. He or she may ask for your driver's license, vehicle registration, and proof of insurance.

Most of the time, the entire exchange will occur without you having to leave your car. However, court rulings permit the officer to decide whether you should step out of the car or not. If you are asked to exit the car, keep your hands in plain view.

If you receive a ticket, a polite and cooperative attitude will make the event easier for everyone. Feel free to ask any questions, but a courtroom is the place to debate the issue, not the side of the road.

A traffic ticket is a legal document. You may be asked to sign it, acknowledging that you received the citation. Your signature is not an admission of guilt. Depending on the violation, the citation may be handled in different ways. You may need to pay a fine or appear in court. Calling the court phone number on the back of the ticket should let you know what to do. Some counties have diversion programs that may strike the citation from your record.

Trooper with stopped vehicle

If you are unsure that the person trying to pull you over is a legitimate officer, pull over but keep your doors locked. If you are alone and in a deserted area, continue driving to a well-lit place where you feel more comfortable. Roll your window down enough to talk with the officer. Remain in your vehicle until proper identification is clear.

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"READ 'EM THEIR RIGHTS!"

"You have the right to remain silent.
Anything you say can and will be used against you…"

What does it mean when people say that on TV? The list of rights are called Miranda Rights, and because of a 1966 Supreme Court Ruling, a law enforcement officer should read them to anyone who is arrested and will be questioned about a crime. The officer should also make sure that the person being questioned (the suspect) understands each of the rights.

You may know the first two or three from television, but did you know the rest?

 

Read yourself your rights!

You have the right to remain silent and refuse to answer questions.

Anything you do say may be used against you in a court of law.

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

 

An officer can arrest a suspect without saying these rights, and an officer can ask a suspect questions without saying these rights. BUT if the officer is going to arrest AND question the suspect, the officer is supposed to read these rights, especially if the suspect's lawyer isn't there.

If you have questions about your rights, ask your government teacher.

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© 2005 Kansas Highway Patrol - Legal Information