Keep in mind that while certain
laws and police practices vary from state-to-state, our information
applies to practices that apply in all 50 states.
General Questions
General Questions
What are my rights at various “checkpoints”?
There are four general types of checkpoints you
might encounter: DUI checkpoints, US border checkpoints, drug
checkpoints, and TSA checkpoints. In a legal sense, they are not all
created equal. So depending on which one you encounter, you’ll want to
be … Continued
General Questions
When can police use drug dogs?
In Illinois v. Caballes, the Supreme Court ruled
that police do not need reasonable suspicion to use drug dogs to sniff a
vehicle during a legitimate traffic stop. This decision stems from the
case of Roy Caballes, who was pulled … Continued
General Questions
What if police say they smell marijuana?
If police say they smell marijuana, you’re in a
tough situation. Courts have ruled that the odor of contraband gives
officers probable cause to perform a search. For this reason, police are
quick to claim that they smell something and sometimes they might even
lie about it. … Continued
Traffic Stop
What are the rights of passengers during a traffic stop?
Traffic stops typically occur as a result of
suspected moving violations committed by the driver of the vehicle.
Passengers cannot be held responsible for the driver’s conduct and are
generally free to leave, unless police become suspicious of them during
the course of the stop. … Continued
Traffic Stop
When can police search your car?
Police may ask you a series of questions. They will
probably include something like, “You don’t mind if I have a look in
your car?” Beware of that question: It’s the legal loophole that the
officer wants to snare you in. … Continued