Pulled over by police: what to do, step by step

When you see the lights

Signal, slow down, and pull over to the right as soon as it is safe. If the shoulder is narrow or dark, many people drive slowly to a well-lit spot, such as a gas station or parking lot, with their hazard lights on. That shows you are cooperating, not fleeing.

Once stopped:

• Put the car in park and turn off the engine.
• At night, turn on the interior light.
• Roll your window down part or all of the way.
• Keep both hands on the steering wheel and ask passengers to keep their hands visible.
• Stay in the car unless the officer tells you otherwise.

Officers approach a stopped car without knowing who is inside. The first minute is about making it easy for them to see that you are not a threat. That protects you too.

Documents and reaching for things

In most states a driver must show a license, registration and proof of insurance when asked. If those are in the glove box, a bag or the console, say so before you move: “My registration is in the glove box. Is it okay if I reach for it?” Then move slowly.

The same goes for your phone. If you plan to record, it is usually best to start before the officer reaches your window, or to say what you are doing: “I’m going to start recording on my phone, it’s in the cup holder.” Sudden reaching is one of the most common ways a routine stop becomes tense.

If you have a legally carried weapon in the car, some states require you to tell the officer right away and others do not. Either way, many people choose to say it calmly at the start, keep their hands on the wheel, and follow the officer’s instructions about it. See Can you record the police? for more on recording.

What to say, and what you can decline

Officers often open with questions such as “Do you know why I stopped you?” or “Where are you headed?” You can be polite without answering. A short reply works: “No, officer,” or “I’d prefer not to answer questions.”

Things many people find useful to say, calmly and clearly:

• “I don’t consent to any searches.”
• “I’m going to remain silent.”
• “Am I being detained, or am I free to go?”
• “I’d like to speak to a lawyer.”

Things that tend to cause problems: guessing at your speed, explaining where you were drinking or what you had, arguing about whether the stop was fair, and lying. A false statement to an officer can create a separate problem that is worse than the ticket.

For the legal background, see Your rights at a traffic stop.

If the officer asks you to step out or wants to search

During a lawful stop, an officer may order the driver to get out of the car. The Supreme Court said so in Pennsylvania v. Mimms (1977). If you are told to step out, do it slowly and keep your hands visible.

If the officer asks to search the car, you can say no. Consent is only valid if it is voluntary, and you are allowed to refuse. Saying “I don’t consent to searches” is not resisting and is not an admission.

If the officer searches anyway, do not physically stop them, block the door, or argue. Officers sometimes search based on a legal reason other than consent, and whether that reason holds up is a question for a court later. Your part is to state clearly that you do not consent, stay calm, and remember what happened: when the search started, what was said right before, and what was found or taken.

Getting a ticket, or getting arrested

If you get a ticket, you will usually be asked to sign it. In many states your signature is a promise to appear or respond, not an admission of guilt. Refusing to sign can lead to arrest in some places. Sign, take your copy, and contest it later if you choose.

Before you drive away, it helps to check that you have the ticket, your license and your registration back, and that you know the officer’s name or badge number. Many officers will hand you a card or write it on the citation.

If you are arrested, do not resist, even if you think the arrest is wrong. Say clearly that you want to remain silent and want a lawyer, then stop talking about the incident. Miranda warnings are required before custodial questioning, not at the start of every stop, so the absence of warnings during a roadside conversation does not by itself mean something went wrong.

What to write down afterward

Memory fades quickly, and details that seem obvious now are hard to recall in a month. Once you are parked somewhere safe, write down:

• Date, time and exact location, including direction of travel.
• The officer’s name, badge number, agency and patrol car number if you saw it.
• What reason, if any, the officer gave for the stop.
• Questions you were asked and how you answered.
• Whether you were asked to step out, searched, or asked for consent, and what you said.
• Names and contact details of passengers or witnesses.
• How long the stop lasted.

Photos of the scene, road signs and lighting can also help if the reason for the stop is later disputed. If police video might matter, see How to request bodycam footage.

When to talk to a lawyer

For a simple ticket, many people handle things on their own. A lawyer is often worth talking to when:

• You were arrested or charged with a crime, including impaired driving.
• Your car or person was searched and something was found.
• Your license, commercial license, job or immigration status could be affected.
• You were injured, or you believe force was used improperly.
• You want to file a complaint and are not sure how it might affect a pending case.

Many attorneys offer a short consultation, and bringing your notes and any recording makes that time far more useful. See Questions to ask an attorney for a list to bring.