Everyday, people driving vehicles are pulled over by the police, mainly for traffic violations. In my experience as a criminal defense lawyer, few people understand their rights in this situation. This troubles me because many of those arrested during a "routine" traffic stop end up in much more trouble because they did not understand and assert their rights.

A typical case involves a driver pulled over for, say, speeding. Although there may be no reason to believe that the driver has done or is doing anything else wrong, the police officer might ask to search the vehicle. The driver consents, the officer conducts a search, and something presumably illegal is found (alleged burglary tools, suspicious substances, open alcohol container, firearm, etc.). The driver is arrested, taken to jail, and charged with various crimes which - after considerable time, expense and anxiety - may or may not result in conviction.

What do you have to do if you are pulled over? Briefly, during a stop the officer is entitled to your name (which you should provide truthfully since failure to do so may constitute felony criminal impersonation), address, identification (insurance information, license, etc.), and a brief explanation of your actions. He may order you to exit the vehicle (born of concern for officer safety), and to stay put while he conducts a brief investigation in support of the traffic stop (including a check for outstanding warrants for other crimes you allegedly may have committed). He may conduct a pat-down search for weapons (i.e., a frisk) if he reasonably suspects it is required for his personal safety.

Ultimately, he may arrest you if he has a warrant, a crime has been or is being committed by you in his presence, or he has probable cause to believe that you have committed a crime. Generally, in routine traffic cases, the officer will issue a ticket ordering you to appear at court at a later date rather than take you into custody.

What do you not have to do? You do not have to consent, or agree, to a search of the car, your person, backpack, or anything. You need not make any other statements. You need not waive any rights. In sum, just because a police officer asks you to do something does not mean that the law requires it. Ask the officer, is it required? Must I consent to the search? In a DUI stop, must I perform the roadside tests (which, believe it or not, are voluntary)? And so forth.

If you do something because the officer led you to believe it was required, and the law provides otherwise, you likely have a good argument for suppression of evidence or dismissal of charges later. Most officers are honest and helpful enough to let you know that your "cooperation" is voluntary.

Many people believe that, by consenting to everything and waiving their rights, they will not be charged. Many of my clients believed this at one time. In fact, in this political climate of "get tough on crime," it is rare that an officer, given consent to search, will (or can) overlook contraband she has found just because you believe you have cooperated. Nor will she decline to note in her report any incriminating statements you inadvertently make in trying to explain your side.

Sometimes the officer will note that the driver was cooperative, I believe to let the prosecutor know for purposes of a more favorable plea bargain. However, this fact usually is small consolation to one ultimately convicted of a crime.

Ours is an "adversary system" of justice, which according to Black's Law Dictionary is characterized by opposing parties (i.e., suspect and police officer, defendant and prosecutor) contending against each other for a result favorable to themselves. In other words, you are not required to do the work of the police, to contribute to your own conviction. (Incidentally, the other type of system is "inquisitorial," which historically is as bad as it sounds.)

As a result, perhaps the best general advice is that unless the law requires it, don't do it. Always be polite. Politely refuse to permit a search, make a statement, perform any tests, etc., unless you are required to do so, or unless you understand and accept the consequences. Politely tell the officer your position, that you wish to assert all your rights, and stick by it (you may even choose to keep a copy of this article in your car). Ask the officer to note your comments in his report.

Otherwise, your speeding ticket could cost a lot more than you thought.