If you have ever been behind the wheel, you most likely have experienced the fear or worry of being pulled over or have actually had a police officer pull you over. This may lead you to wonder what makes a traffic stop legal or illegal, which is a typical curiosity when these instances occur.

The Bowie criminal defense attorneys at Carey Law Office explain what makes a traffic stop legal. We are here to tell you that officers cannot make up any type of reason or excuse to pull you over, but we will go more in depth on this below.

When can a police officer pull you over?

If you are a Bowie or Crofton driver, the simple rule is to know that a police officer can pull you over for violating any traffic law. The following are some of the reasons why a police officer may pull you over:

• You were speeding
• You were driving recklessly (weaving in and out of lanes, etc.)
• Your registration tags are expired
• Your visibility is being affected (your window tinting is too dark, etc.)
• Your taillight is out
• Your headlight is out

These are often referred to as pretextual stops, which gives officers the power to pull over drivers for minor traffic violations. Even though the officer may be pulling you over for a minor traffic violation, keep in mind that they can use this small violation to investigate a more serious crime, such as driving under the influence or possession of controlled substances. Therefore, if your taillight is out and you are pulled over, the officer may use this to determine if you are intoxicated or have an illegal substance in your vehicle.

What Maryland police officers can legally do when they stop you

There are a few things that Maryland police officers are legally allowed to do when they stop you for a traffic violation, which include:

• Ask to see your driver’s license, insurance information, and vehicle registration
• Ask you to step out of the car
• Ask other passengers to step out of the car
• Look around your vehicle if they have reasonable suspicion that there is evidence of a crime inside
• Pat you down and make sure you have no weapons on you
• Look in your glove compartments and trunk if there is probable cause

Are Maryland drivers allowed to record when pulled over by law enforcement?

Maryland drivers do have the right to record when they are pulled over by a police officer as long as it does not interfere with the officer’s ability to do their job. Police officers do not have the same privacy as other citizens while on the job. Therefore, you do not need to notify them that you are recording them.

The amendment that protects drivers from being stopped for any made-up reason or excuse

The Fourth Amendment requires law enforcement to have reasonable suspicion before pulling a driver over. This means that a police officer must see some type of traffic or equipment violation (speeding, missing tags, swerving in and out of traffic, etc.) in order to pull them over. They cannot pull someone over simply to look for a crime or investigate the vehicle.

Regardless of the police officer having a valid reason to pull an individual over, they still cannot prolong the situation to look for other violations. This is part of the Constitution, which law enforcement must follow.

Are you required to answer questions during a traffic stop?

It is typically recommended to try your best to answer the questions asked by police officers when you are pulled over. However, you should not force yourself to answer questions that you do not want to answer. If your case ends up going to court, the judge will most likely ask the police officer about your demeanor or attitude when you were pulled over. Therefore, it is suggested to act politely and tell the officer the truth as best as possible.

What Is profiling?

When a police officer chooses a specific vehicle or driver to stop without any probable cause whatsoever, this is called profiling. When this happens, it goes against the driver’s Constitutional rights because suspicion is not the same as reasonable cause, which is the standard that courts have established when stopping a vehicle. Therefore, an officer is not legally allowed to pull over a car because it is late at night, or they are driving in a certain neighborhood. Neither of these reasons give justification to pulling someone over. There must be a traffic violation in order to have reason to pull a vehicle over.

If a motorist believes that he or she was profiled, the recommendation is to get the officer’s badge number. You should be able to find this information written on your traffic stop documents in case you do not remember it or were afraid to ask. After you find this information, you not only can speak with a Bowie and Crofton attorney about the incident, but you can also file a report with the law enforcement agency letting them know that you were profiled.

If you believe you were illegally stopped or pulled over by a police officer, contact an attorney from Carey Law Office at your earliest convenience. We recommend getting in touch with our firm as quickly as possible, so we can listen to your experience, look over all the facts, and determine if you have a case.

If your case is viable, our lawyers will stand up for your Constitutional rights and ensure that the officer is held accountable for their illegal actions. Call our offices in Bowie or Crofton or submit our contact form to schedule an appointment. Whether you are in Anne Arundel County, Prince George’s County, Calvert County, or the surrounding areas, our team looks forward to assisting you soon.