It’s no secret that traffic stops can be stressful, especially when you’re not sure what you should or shouldn’t say in response to police questions. To help you understand what to expect and how to preserve your rights during and after the stop, we’ve compiled a list of the most common questions law enforcement is allowed to ask during a traffic stop — as well as some tips on how to respond.
1. Do you know why I pulled you over?
This is probably the most common question officers will ask during a traffic stop. The officer’s objective in asking this question is to induce an admission that you knowingly did something wrong, i.e. speeding, swerving, etc. If you acknowledge why you think you may have been pulled over, they will have further support for any fines or penalties that may be imposed.
While it may be tempting to blurt out an answer like “I was speeding,” it’s important to remain calm, polite, and reserved in your response to this question. The 5th amendment protects you from self-incrimination, and you should exercise this right. Simply tell the officer that you’d “rather not say” and respectfully inform them that you are exercising your 5th amendment right.
2. “Have you been drinking tonight?”
Unless you are positive that you have not had even a drop of alcohol prior to getting behind the wheel, keep responses to this question as vague as possible. You do not need to – and should not – respond to this question with anything other than a calm, polite assertion that you’d rather not say without legal representation present.
Don’t let the officer’s raised eyebrow or follow-up questions fool you. You do not have to answer their questions, including – and especially – this one. If you admit that you have been drinking, the officer will have probable cause to ask you to submit to sobriety testing. To avoid OWI charges, it is best to stay silent in response to the “have you been drinking?” question.
3. “Do you have any weapons in the car?”
In some states, you may be required to tell police that you are carrying a weapon immediately when stopped by law enforcement. Wisconsin requires that you disclose this information and reveal your permit when prompted to do so by police — but not until you are prompted.
If you are traveling through another state with a weapon, however, it is important that you research that state’s laws regarding disclosing guns and other weapons during traffic stops to avoid potential legal trouble.
4. “Can I search your car?”
It is your constitutional right to decline requests from law enforcement to search your car. Stating “I do not consent to searches” in response to this request may prevent the officer from pressing further.
If you do not give your consent, the officer may still assert that they have probable cause to search the vehicle and ask you to step out. In this case, you should calmly comply and step outside the vehicle while the officer searches your car. If they find incriminating evidence such as drugs or weapons, a skilled criminal defense attorney may be able to invalidate the evidence by demonstrating lack of probable cause and consent.
If you are arrested at a traffic stop, you have the right to know why you are being arrested. You also have the right to an attorney, and you should exercise that right. Don’t answer any questions from law enforcement without an experienced Wisconsin defense attorney present.
FAQs
If you're stopped for questioning
- Stay calm. Don't run. ...
- Ask if you are free to leave. ...
- You have the right to remain silent and cannot be punished for refusing to answer questions. ...
- You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon.
In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.
What to say when an officer asks how fast you were going? ›
The officer might ask "Do you know why I stopped you?" If you answer at all, your answer should always be "No." Similarly, if the officer asks "Do you know how fast you were going?," the best answer is "Yes." The officer may then tell you how fast you were going but do not argue.
What to say when a cop asks you where you are going? ›
You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live.
Why do cops say "Do you know why I pulled you over"? ›
The officer's objective in asking this question is to induce an admission that you knowingly did something wrong, i.e. speeding, swerving, etc. If you acknowledge why you think you may have been pulled over, they will have further support for any fines or penalties that may be imposed.
Can you tell a cop not to touch your car? ›
If an officer does not have a warrant, they may ask for your permission to search the vehicle. Police can search your car without a warrant if you voluntarily consent to the search. However, you have the right to refuse consent to a search, and you are not required to consent to a search of your vehicle.
Why do cops ask where are you coming from? ›
When a police officer asks where you are coming from, they are looking for evidence to support the possibility that you have or are committing a crime or whether or not you are a threat to public safety. This creates a baseline that they will later write down in a police report.
Do you have to say you're a cop if asked? ›
Neither California nor federal law explicitly mandates that officers must identify themselves.
Why do cops ask you to step out of the car? ›
The police have the right to ask the person to step out of their car if they believed they had witnessed a crime going on. If the person did not comply, then the police would threaten to and then eventually arrest the person.
How do cops know how fast you're going? ›
Police use sophisticated radar guns to check the speed of vehicles as they travel. The technology at the heart of the radar gun is, of course, radar, which stands for Radio Detection And Ranging. Radar guns feature both a radio transmitter and receiver. A radar gun uses radio waves to detect and monitor moving objects.
For example, if a police officer asks, “Do you know why I pulled you over?” you should always answer with “No.” With this response, you have simply answered the officer's question while avoiding self-incrimination. All of your responses should be succinct while remaining courteous.
What not to tell cops? ›
If you are arrested or taken to a police station, DON'T...
- DON'T give them any information except for your name and basic identifying information.
- DON'T give explanations, excuses, or stories. ...
- DON'T talk about your case on the phone. ...
- DON'T make any decisions in your case without talking to a lawyer.
Do not tell the police anything except your name. Anything else you say can and will be used against you.
Why do cops follow you but not pull? ›
Instead, the general rule is that police are allowed to follow you for a reasonable distance to observe your driving and determine if a traffic stop needs to be conducted. As you might imagine, a reasonable distance is interpretative and will vary based on the specifics of the situation.
How to answer "Do you know why I pulled you over?"? ›
For example, if a police officer asks, “Do you know why I pulled you over?” you should always answer with “No.” With this response, you have simply answered the officer's question while avoiding self-incrimination. All of your responses should be succinct while remaining courteous.
How do you win a police interrogation? ›
Tips For Being Interrogated by Police
- Stay Calm: Regardless of the circ*mstances, maintain a calm and respectful demeanor. ...
- Understand Your Rights: Know your Miranda Rights. ...
- Request Legal Representation: If you're detained or arrested, immediately request a lawyer.
In general in the US you have no legal right to know. As I said above this can vary by state. If you are later charged with a crime and prosecuted you have a right to confront all witnesses against you. If the person who made the initial report is a witness for the prosecution then you'll know.
What are some good police questions? ›
These police interview questions help an employer learn more about your specific qualifications:
- How many years have you worked in the force?
- What was your greatest failure on the job?
- What have you learned from your past mistakes?
- Tell me about a time when you had to make a difficult decision.
