What are your rights when you’re stopped by police in Illinois?
Traffic stops are times when people interact with police on a daily basis, but not all drivers understand their rights in that situation.
The American Civil Liberties Union of Illinois and Illinois Legal Aid Online are nonprofit organizations that provide information to the public about their legal rights, including during police encounters.
Here are their answers to some questions you might have:
Q: What must I provide to police when I’m pulled over?
A: The ACLU of Illinois and Illinois Legal Aid Online each say that you must show your driver’s license, registration and proof of insurance when asked.
Q: Can police search my car?
A: Police can search your car in certain cases, but you can refuse to consent to a search when an officer requests it. The ACLU of Illinois and Illinois Legal Aid Online suggest clearly stating, “I do not consent.”
“The Fourth Amendment protects your right to refuse to consent to a search. But it does not require the police to inform you of that right,” Illinois Legal Aid Online states. “Refusing a search request does not mean you are admitting guilt. But police will often try to get consent by misleading people or trying to convince them to prove their innocence by consenting to the search.”
Illinois Legal Aid Online breaks down the circumstances when police are able to search your car:
“Even without getting consent, police officers can search a car if they have probable cause to believe that the car contains evidence of criminal activity. Police can also search a car if the driver or passenger is arrested, as long as they could reasonably expect to find evidence inside the car. They can also search if the person being arrested could have accessed the car to retrieve weapons or evidence at the time of the search.
“... All searches must be limited to areas that reasonably could contain the items that the officer expects to find. For example, if you receive a minor traffic ticket such as driving with a dimmed headlight, there is no reason for the police to search the trunk of your car. The only evidence the police need is the fact that your headlight was dimmed. However, if drugs, alcohol, or other illegal items are in the car in plain sight, the police can do a full search regardless of the reason for the original stop.”
Q: What are some tips to stay calm during a police encounter?
A: Illinois Legal Aid Online offers this advice to calm yourself down when you’re pulled over:
Breathe slowly: The organization suggests breathing in for four counts and breathing out for eight. “This will slow your heart rate,” it says.
Redirect your thoughts away from your anxiety: Try to focus on a few objects physically around you. Illinois Legal Aid Online suggests picking four things. “Name them to remind yourself where you are.”
