Compassionate And Accessible Legal Advocacy For Alabama

Why you shouldn’t say anything during a traffic stop

On Behalf of | Jun 12, 2024 | CRIMINAL LAW - Drunk Driving

You have several rights during a traffic stop to protect you from severe criminal charges. Under the First Amendment, you can record the police and gather evidence of abuse of power as long as it does not interfere with police activity. You can also refuse to allow the police to search your vehicle under the Fourth Amendment. However, the police could search your vehicle if they have a warrant, probable cause or have made a lawful arrest. 

An important right you should keep in mind is the right to remain silent under the Fifth Amendment. Here is why you should remember to exercise your legal rights: 

What is the advantage of pleading the Fifth? 

The police will likely ask you questions during a traffic stop. This is one of the ways the police will gather evidence against you. You do not have to answer any of their questions under the Fifth Amendment. Answering these questions could lead to self-incriminated comments that could be held against you in a court of law.

If you wish to exercise your right to remain silent, then you can state to the police that you plead the Fifth. Pleading the Fifth demonstrates to the police that you are willing to continue cooperating with them. Still, you have a right not to answer any of their questions. 

You may be wondering if pleading the Fifth is an admission to guilt. While many people who are guilty of criminal activity do plead the Fifth, you can use it to prevent yourself from being associated with other possible crimes. It can help to learn more about your legal rights if you are stopped by the police.