WASHINGTON (AP) — American drivers may all wince or brace themselves at the sight and sound of flashing red and blue lights and wailing sirens, but all drivers have constitutional rights when stopped on the road.
The question of one’s responsibility to comply with all instructions given by a law enforcement officer was recently raised following a pregame traffic stop this month involving Miami Dolphins wide receiver Tyreek Hill.
Although Hill acknowledged that he could have handled his interaction with Miami-Dade police better, the video of him being pulled out of his car, placed on the ground and handcuffed has reignited a national debate about the realities of “driving while Black.” Studies show that Black drivers are more likely to encounter the threat or use of force by police during traffic stops, as Hill did, and many Black families give their loved ones some version of “the talk” about how to interact with 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 with compliance, but with obedience and respect, even if you don’t think it’s deserved,” said Paul Butler, a law professor at Georgetown University.
Black people are disproportionately stopped, data shows
Studies show that people of color are often disproportionately targeted during traffic stops in the United States, said Jenn Rolnick Borchetta, deputy director for police at the American Civil Liberties Union.
“They search them more often, even though the rate of finding evidence of a crime is lower among blacks and Latinos than among whites,” she said.
In 2022, Black people accounted for nearly 13% of traffic stops in California, despite making up just 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 may result in an unwanted stop
Miami attorney EJ Hubbs said he believes Hill and the officers in the now-viral arrest video both committed misconduct in their interactions.
Body camera footage showed that the officer asked Hill to roll down his window and that Hill complied, Hubbs said. Hill then told the officer “to give me my ticket,” after handing him his ID, which Hubbs said was also fair.
The situation escalated when Hill decided to roll up his window, as seen on the officer’s body camera.
“When Mr. Hill refused to roll down his window, he failed to comply with one of his commands,” Mr. Hubbs said. “And when he was asked to get out of the car, he did not comply with that command, at least not immediately.”
Lawrence Hunter, a former police captain and law enforcement trainer in Waterbury, Connecticut, added that Hill appeared confrontational when he asked Miami-Dade County officers not to knock on his window.
“At that point, because of Tyreek Hill’s combative nature, the officer asked him to get out of the car,” Hunter said. “It’s an officer safety issue. He already feels that this is not a cooperative attitude. … So it’s best to get him out of the car.”
Hunter added that Hill’s refusal to keep his window down could be seen as a safety issue for officers.
Drivers have rights against self-incrimination and vehicle searches
During a traffic stop, drivers have a constitutional right not to incriminate themselves or allow their vehicle to be searched.
The right to remain silent is the best-known right, Borchetta said. Drivers also have the Fourth Amendment right to be free from unreasonable searches and seizures and to be able to ask questions of traffic officers.
“You don’t have to tell the police where you’re 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 whether they’re asking you a question or telling you a question, you can ask them that question. And they have to tell you honestly.”
Passengers may also ask if they can leave the scene of the traffic stop.
Police may ask drivers to exit their vehicles
Once a driver is pulled over, police will likely run the vehicle’s license plates through a database to see if the car was stolen or see if other actionable information comes up, said Hunter, the former police captain.
The officer may also conduct a long, careful examination of the vehicle for visible contraband, weapons or drugs, he said.
Officers have the right to ask drivers and passengers to exit the vehicle and can use reasonable force to ensure that happens. Officers can also stop drivers even if they haven’t committed a violation, as long as there’s reason to believe the person has committed a violation, according to Butler, a professor at Georgetown University. This police practice is known as a pretextual stop.
Law enforcement can sometimes take advantage of civilians’ lack of knowledge of the law, Butler added. In that case, it’s best to comply with the law and communicate with the police, then file a complaint later.
Drivers may also record the conversation if they feel the interaction with the officer was unnecessarily escalated. But they must be sure to inform the officer that they are being recorded. It is also permissible to ask for and note the officer’s badge number, time and location of the interaction.
