When Can a Police Officer Pull You Over in the Inland Empire? New Laws Take Effect
If you were recently pulled over by a police officer in California, you might be wondering whether they even had the right to stop you. This question could be particularly important if you are now facing charges due to your traffic stop. The answer to this question is complex, and it largely depends on the circumstances of your situation. Although online research is certainly a positive first step, you may want to discuss your circumstances in more detail with experienced criminal defense lawyers in the Inland Empire.
Choose Milligan Beswick Levine & Knox, LLP to work alongside California criminal defense attorneys – including managing partner C. Patrick Milligan. This defense lawyer has more than five decades of experience and focuses on aggressive representation during litigation. Along with a team of criminal defense lawyers, Milligan may be able to help you prove that your traffic stop was unconstitutional or unlawful.
Police Officers Must Immediately Tell You Why They Stopped You
A new law in California now requires law enforcement officers to inform you why you are being stopped while driving. Assembly Bill No. 2773 went into effect in 2024, and it may provide additional protections against unlawful searches and seizures for average residents. Previously, police officers did not need to inform drivers why the traffic stop was taking place.
A particularly controversial issue involved the common question: “Do you know why I pulled you over?” This open-ended question may have encouraged drivers to unwittingly make self-incriminating sentences, and some argued that it was unconstitutional. Furthermore, this question was often used to initiate an investigation for a more serious suspected offense. For example, a police officer could have pulled a driver over for expired plates when what they really wanted to do was search the vehicle for drugs or guns based on a hunch.
Today, the officer must immediately inform the driver (or pedestrian) why they are being stopped. According to lawmakers, this should promote a sense of transparency, cultivating more trust between residents and police officers. Perhaps most importantly, it may put drivers at ease when conversing with officers. By stating the reason for the stop at the beginning of the conversation, officers could dispel suspicions of unconstitutional and arbitrary interrogations.
However, critics of this law say that it didn’t go far enough. Specifically, they argue that the law does not eliminate “pretextual stops” – and this was the original goal of the bill. A pretextual stop occurs when a police officer uses a minor infraction as a “pretext” to investigate more serious crimes. Often, this leads to people having their vehicles searched after being stopped for broken tail lights and other minor infractions.
Police Officers Must Have Reasonable Suspicion to Pull You Over
In California, police officers must have reasonable suspicion to pull you over. This is defined as a “reasonable” belief that you have committed a crime – or that you’re about to commit a crime. A “crime” could be virtually any unlawful behavior, including both minor and serious offenses. That being said, a new law in California prevents officers from pulling you over for an expired registration sticker – as long as it is expired for less than two months. Note that the definition of reasonable suspicion is somewhat fluid, and you can argue that a police officer lacked the right to pull you over in court. The burden of proof is on them, not you.
When Can Police Officers Search My Vehicle in California?
Reasonable suspicion is not the same as probable cause. After the police establish reasonable suspicion and pull you over, they have to meet a separate requirement before they search your vehicle. This requirement is called probable cause. In order to meet this requirement, police must establish that they found evidence of a crime being committed inside the vehicle.
If they lack probable cause, they must first obtain a search warrant for your vehicle. Finally, they can search your car without probable cause or a warrant if you give them permission. Note that some drivers mistakenly give police officers permission, especially when asked a question like “You don’t mind if I search your vehicle, do you?” You might also hear a phrase like “We’re going to need to search your vehicle.” While these phrases might seem like demands or orders, they are actually requests – and you can say no.
In previous years and decades, police searched vehicles after seeing or smelling marijuana. However, California’s legalization of recreational marijuana means that this is no longer valid probable cause. The only exception is if the officer sees a marijuana container that is not properly sealed.
What Should I Do During a Traffic Stop in California?
The most important thing to do during a traffic stop in California is to remain calm. Now that police officers are required by law to tell you why you’ve been stopped, there should be less uncertainty in these situations. Avoid becoming belligerent or violent, and consider keeping your hands in plain sight (ideally on the steering wheel). Do not exit the vehicle, and comply with the officer’s basic instructions.
That being said, you do not necessarily need to comply with all of the officer’s instructions. If they instruct you to give them permission to search your vehicle, you can say no. Arguably, a more effective strategy would be to simply remain silent. After you provide the officer with your license and registration, you do not have to answer any further questions, thanks to the Fifth Amendment of the Constitution. Consider remaining silent until you have a chance to speak with your defense attorney.
Reach Out to an Established Criminal Defense Law Firm in the Inland Empire
Milligan Beswick Levine & Knox, LLP is an established criminal defense law firm in the Inland Empire, and you can schedule a consultation with our experienced criminal defense lawyers today. New laws in California make it easier than ever before to challenge the legality of traffic stops – and you could avoid criminal charges with the right strategy. However, each case is slightly different – and it makes sense to discuss your unique circumstances during a consultation for accurate guidance. Contact us today at 909-894-0812 and schedule your first consultation with us.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.