There is nothing more stressful than the police stopping you while driving. You might panic and wonder what your violation is. Whether you have one or not, it is essential to know your rights so you know what to do. Here are some things you should and should not do during a police encounter.
Do you have to answer questions?
When the police pull you over in Minnesota, you must provide your name, driver’s license, car registration and proof of insurance. Aside from that, you have the right not to answer any questions. You can politely express that you wish to remain silent when asked by the police.
Can the police search your car?
The Fourth Amendment protects you from illegal searches. That means the police need to have a warrant, a probable cause and your consent before they can search your car. If they stop your car and demand to search it, you have the right to decline. Your refusal alone should prevent them from conducting a search. However, if they see or smell that you may be carrying something illegal, it gives them probable cause to search your vehicle.
How should you handle detention or arrest?
In the event you are arrested or detained, do not fight back. Stay calm and do not resist, even if you think the arrest is unjust. Do not argue or say something that might be used against you later. Instead, ask the police politely if you can leave. If they said no, comply and request legal counsel.
Can you document what is happening?
Minnesota law allows you to record police arrests as long as it:
- Is happening in a public place
- Does not interfere with police duty
- Does not jeopardize police safety
- Is recorded at a safe distance from the arrest
While video recording police arrests is okay, you need to do it within the bounds of the law.
What should you do after a police encounter?
If the police stopped, searched or even arrested you, don’t take matters into your hands. It could worsen the situation and put you at greater risk. Even when you know what your legal rights are, it is essential that you get the help of a legal professional. An experienced criminal attorney can help determine whether the stop or the search was illegal or not. They can also help build a strong defense if a case is filed against you.