What happens if you get pulled over? (Photo: Cliff / Flickr)
Most business travel (and spring break travel) is by car rather than by plane. And even if the trip is by plane, there’s likely a automobile trip at one or both ends of the flight.
If you’ve ever wondered how to behave if or when pulled over by the police, here’s a good primer on what to do, and what your rights are.
Source: Online-Paralegal-Programs.com
Have you ever been pulled over by the police while on a business trip? Share your stories below.
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Be very careful: these laws could vary by state. But, generally, you never have to consent to a search. They need reasonable suspicion to search your vehicle. As someone else pointed out, do not consent to a search, and if they search anyway, ask upon what basis the search is being conducted. Record this. And mention that you are in a rental car. Overall, cooperation w/ the police is the best method unless you have something to hide. They will appreciate it and likely you will get a break.
I think Mr McGinnis is silly to share a document prepared by ” Online-Paralegal-Programs.com” I would much rather see a document prepared by an attorney, who took credit for his advice. Further, in California, I understand, the police may easily get an court order forcing a blood alcohol test. Basically, this Online-Paralegal-Programs.com advice is not accurate, and posting it every year, may cause his readers undue problems!
Previous rental car users have been a worry of mine.
Once at Sunport in Albuquerque the smell of marijuana was so overpowering in the vehicle–the last users were surely Cheech and Chong on a monthly rental–that I asked for another, but none was available. All I could do is ask that the smell be documented on the rental agreement and hope for the best.
Another time after renting at Reagan National I was stopped for a “faulty tail light” (It was working perfectly). Seemingly 30 minutes passed while the officer examined the rental documents and made calls before I was allowed to go (without a ticket). Obviously, the vehicle had been pinpointed in some earlier crime.
Seems to me that “asserting your rights” is just a very fast and easy way to increase suspicion that you’re hiding something and escalate things to a more unpleasant level. I can’t imagine why anyone would not want to simply cooperate unless they were, in fact, breaking the law. I suppose I might feel differently if the police interaction was in a small town where they are in the business of railroading people, but in the urban areas I travel that’s not something I worry about.
I’ve been stopped a couple of times over the years for speeding. Yes, I exceeded the speed limit. In all the times, the officer explained why I was stopped and requested a drivers license , registration and prof of insurance. I had no problem with it. I disagree with the stuff above. If the officer is being a jerk, just take down his badge number or car number and file a complaint. Depending on what City your in, it will be answered.
Asking if you are being detained is the quickest way to extend your stop for an even longer period of time. A majority of the people who ask this are idiots who think they are constitutional scholars and will challenge any little discrepancy between what an officer does and what he/she “thinks” is the law.
Asking if a request is an order? Only cracking the window? Enjoy your 45 minute wait for a drug dog to arrive. And of course no break on a ticket.
It may be hard to remember all the details above in the moment. 2 Phrase you can burn into your brain to keep it simple:
Officer, are you detaining me or am I free to go?
Officer, I do not consent to searches.
Very important for business travelers in rental cars. You have no idea if some previous renter might have left a gram of weed in a baggy in a crevice somewhere. So don’t volunteer a search and possibly complicate your life when you don’t need to.