WASHINGTON — American drivers may shudder or be terrified at the sight and sound of flashing lights and blaring sirens, but all drivers have constitutional rights when pulled over on the side of the road.
The question of one’s responsibility to follow all instructions from a law enforcement officer recently came up after a traffic stop before the game this month in which Miami Dolphins wide receiver Tyreek Hill.
Although Hill has acknowledged he could have done it, the interaction handled with Miami-Dade police better, the video of him being pulled from his car, laid on the ground and handcuffed became a national conversation about reality of “driving like a black man.” Studies show that black drivers are more likely to experience threats or violence from police during traffic stops, as Hill did, and many black families give some version of “the talk” to their loved ones about how to interact with police officers.
“The immediate, short-term goal is to get out of the confrontation without getting arrested. And the way to do that is to communicate not just consent, but obedience and respect, even if you don’t think you deserve it,” said Paul Butler, a law professor at Georgetown University.
Research shows that people of color are disproportionately targeted in traffic stops in the U.S., said Jenn Rolnick Borchetta, deputy director of police for the American Civil Liberties Union.
“They search them more often, even though the likelihood of finding evidence of wrongdoing is lower for black and Latino people than for white people,” she said.
In 2022, black people accounted for almost 13% of traffic checks in California, despite making up just 5% of the state’s population. Minneapolis, a predominantly white city, found in 2020 that Black drivers were responsible for almost 80% of police checks and routine traffic checks.
Miami attorney EJ Hubbs says he believes both Hill and the officers in the now-viral video of the arrest made mistakes in their interactions.
Bodycam 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 also found to be fair.
The situation escalated when Hill decided to roll his window back up, as seen in the officer’s bodycam footage.
“When Mr. Hill refused to roll down his window, he did not comply with any of the commands,” Hubbs said. “And when he was asked to exit the vehicle, he did not comply, at least not immediately.”
Lawrence Hunter, a former police captain and police coach 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 the combativeness that Tyreek Hill showed, the officer asked him to get out of the car,” Hunter said. “It’s a safety issue for officers. He already feels like this is not going to work. … So it’s best to just get him out of the car.”
Hunter added that Hill’s refusal to keep his window open could be seen as a matter of safety for the officer.
During a traffic stop, drivers have the constitutional right not to incriminate themselves and not to consent to a search of their vehicle.
The right to remain silent is the most well-known right, Borchetta said. Drivers also have the Fourth Amendment right to be free from unreasonable searches and seizures, and the right to question 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 whether they’re asking or telling, you can ask them. And they have to tell you honestly.”
Passengers can also ask to leave the traffic control area.
Once a driver is pulled over, police will likely run the vehicle’s license plates through a database to see if the car is stolen or to see if other useful information can emerge, said Hunter, the former police chief.
The officer may also conduct an extensive and thorough inspection of 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 make them do so. Officers can also pull over drivers even if they haven’t committed a violation, as long as there’s reasonable suspicion the person has done so, said Butler, the Georgetown University professor. This police practice is known as a pretextual stop.
Law enforcement can sometimes take advantage of citizens’ lack of knowledge of the law, Butler added. In that case, it’s best to comply and communicate with officers, and complain later.
Drivers can also record the conversation if they feel the interaction with the officer has escalated unnecessarily. However, they must let the officer know that they are being recorded. It is also acceptable to record the officer’s badge number, the time, and the location of the interaction.