Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.
WASHINGTON (AP) – American drivers might generally wince or brush themselves off at the sight and sound of flashing red and blue lights and blaring sirens, but all drivers have constitutional rights when pulled over on the road.
The question of one’s responsibility to comply with all instructions given by a law enforcement officer recently arose following this month’s pregame traffic stop involving Miami Dolphins wide receiver Tyreek Hill.
Although Hill acknowledged that he could have handled the interaction with Miami-Dade police better, the video of him being pulled from his car, placed on the ground and handcuffed reignited a national conversation about the reality of “driving while Black.” Studies show that Black motorists are more likely to face a threat or use of force by police at traffic stops, as Hill did, and many Black families give loved ones a version of “the talk” about how to interacting with police officers.
“The immediate short-term goal is to get out of the encounter without being arrested, and the way to do that, again, is to communicate not just compliance, but obedience and respect, even if you don’t you think that’s deserved. ,” said Paul Butler, a Georgetown University law professor.
Black people are disproportionately stopped, data shows
Studies show that people of color are often disproportionately targeted for traffic stops in the United States, said Jenn Rolnick Borchetta, the American Civil Liberties Union’s deputy director of policing.
“They search them more often, even as the rate at which they find evidence of wrongdoing is lower for Black and Latino people than for white people,” he said.
In 2022, Black people accounted for nearly 13% of traffic stops in California, despite making up only 5% of the state’s population. Minneapolis, a predominantly white city, found in 2020 that Black drivers accounted for nearly 80% of routine police searches and traffic stops.
Being aggressive with traffic officers can invite unwanted scrutiny
Miami attorney EJ Hubbs said he believes Hill and the police officers in the now-viral video of the arrest had flaws in their interactions.
Body camera footage showed the officer asking Hill to roll down his window and Hill complying, Hubbs said. Hill then told the officer to “give me my ticket,” after giving him his identification, which Hubbs said was also fair.
Things escalated when Hill decided to roll his window back up, as the officer’s body camera footage shows.
“When Mr. Hill rolled down his window, that was not complying with one of his orders,” said Hubbs. “And when he was asked to leave the car, he did not comply with that order, at least immediately.”
Lawrence Hunter, a former police captain and law enforcement instructor in Waterbury, Connecticut, added that Hill appeared confrontational when he asked Miami-Dade County officers not to knock on his window.
“From that point, because of the aggressive nature that Tyreek Hill exhibited, the officer asked him to get out of the car,” Hunter said. “That’s an officer safety thing. He already feels this is uncooperative. … So then, it’s better to get him out of the car.”
Hunter added that Hill’s refusal to keep his window down could be considered a matter of officer safety.
Drivers have rights against self-incrimination and vehicle searches
During a traffic stop, drivers have constitutional rights against incriminating themselves or allowing their car to be searched.
The right to remain silent is the most well-known right, Borchetta said. Drivers also have a Fourth Amendment right to be free from unreasonable searches and seizures, and they have the right to ask questions of traffic officers.
“You don’t have to tell the police where you’re coming from or where you’re going,” Borchetta said. “If they ask to search you or your car, you can say no. And if you’re not sure if they’re asking or telling, you can ask them that question. And they have to tell you honestly. “
Passengers can also ask if they can leave the traffic stop location.
The police can ask drivers to step out of their vehicles
Once a driver is pulled over, the police will likely run the vehicle’s plates through a database to check if the car is stolen or if there is any other actionable information is emerging, said Hunter, a former police captain.
The officer may also look long and hard at the vehicle for visible contraband, weapons or drugs, he said.
The officer has the right to ask drivers and passengers to get out of the car and can use reasonable force to ensure that this happens. Officers can also pull over drivers even if they haven’t committed a crime, as long as there is reasonable suspicion to think the person has, according to Butler, the Georgetown University professor. This policing practice is called pre-textual deterrence.
Law enforcement can sometimes take advantage of civilians’ lack of knowledge of the law, Butler added. In that case, it is better to comply and communicate with officials, and complain later.
Drivers can also record the conversation if they feel the interaction with the officer has escalated unnecessarily. But they should be sure to inform the officer that they are being recorded. It is also allowed to ask for, and write down, the officer’s badge number, the time and location of the interaction.
(Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.)
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